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not oppose the Summary Judgment before Judge Smith, but Norman K. <br />Dean certainly did because they couldn't let liability be <br />determined in that manner. So, Schopke lived up to their part of <br />the bargain. There is a dispute between the County and Schopke. <br />In this particular case, it is being resolved in the courts. Judge <br />Smith has ordered mediation. The County is protected; there is a <br />bond from Hartford Insurance Co. The County will receive its <br />money, or a portion of it as there is some issue about the amount, <br />and will receive interest on that money. Attorney Jacobus <br />anticipated that this will be resolved in the court ordered <br />mediation and that will be the end of the case. He felt it is <br />grossly unfair for the County to say that unless Schopke does this <br />or that in this lawsuit, they will bar Schopke from working for <br />Indian River County in the future. <br />Mr. Neil Schopke stated that he has been doing business here <br />in Indian River County since 1969 and has had one sub -contractor go <br />sour during that amount of time. He noted that his firm built the <br />new Main Library for the County, and Commissioners Eggert and <br />Scurlock agreed he did a beautiful job on the Library. <br />Mr. Schopke felt it was grossly unfair to take away his right <br />to do business with the County because of one sub -contractor over <br />23 years of work. <br />After lengthy discussion and debate, Commissioner Scurlock <br />asked how far away we are from mediation in this matter, and <br />Attorney Jacobus advised that it might be late in September or <br />early October. Quite frankly, they are trying to get Norman K. <br />Dean and their bonding company to really contribute to the <br />settlement. Norman K. Dean's defense is that Frizzell's design was <br />incorrect. There is a little bit of everything in this case and it <br />will have to be sorted out. He believed that ultimately everybody <br />will contribute something to the settlement and, hopefully, <br />everything will be resolved. There is no binding mediation in this <br />situation. Every circuit court does mediation now, which allows <br />63 <br />JUL 14 1992 <br />