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Fr- 7 <br />BOOK 95 PAGE 150 <br />unfairly. The County took the position that it's not their <br />problem and they do not care how we feel. This left us with our <br />only option, to seek restitution in accordance with the terms of <br />our contract. <br />The contract provided that disputes would be settled by <br />arbitration. We did not prepare the contract. The contract was <br />presented to us under a condition that we could sign it or they <br />would find someone who would. <br />The action that the Assistant County Attorney is asking you to <br />take still does not solve your problems in the future. In fact, <br />will only cause you more problems and cost your taxpayers more <br />money. <br />It has been proven over and over again that Governments that make <br />unilateral decisions that are considered unfair by their <br />contractors cost the Government as well as the contractor more <br />than the problem should cost. Lawyers don't know how to build <br />buildings or any other government facility. We need to find ways <br />to keep the lawyers out of the process. When you leave someone <br />with their only option to call their lawyer everybody loses. <br />We feel we gave you an honest day's work which met your plans, <br />specifications and directives and you should pay us. I would very <br />much like to have an opportunity to sit down with you and discuss <br />this in detail. <br />Look forward to hearing from you. <br />Sincerely yours, <br />MART .N PAVZK COMPANY <br />1 <br />Robert D. Martin <br />Chairman and CEO <br />Cummings /Martin <br />Dear Gentlemen: <br />The Board of County Commissioners at its regular meeting of July <br />18, 1995 reviewed information presented by the staff. A copy of <br />that report is enclosed for your information. <br />It is our opinion that in your recent demand for arbitration against <br />the County you have used the law as a sword rather than a <br />shield. The County does not feel that it is usually in its best <br />interest to enter into contracts with persons who use the law in <br />that manner. <br />If you should bid on any future County projects, the County will <br />under Section 105.04(g) of the Indian River County Code consider <br />this aspect in evaluating your bid. <br />Very truly yours, <br />Kenneth R. Macht <br />Chairman <br />58 <br />July 18, 1995 <br />