Laserfiche WebLink
I <br /> I <br /> I <br /> I <br /> I <br /> I <br />,I <br /> I <br /> <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />GERALD M. RANDALL <br />WILLIAM K, GOODRICH <br />DOUGLAS d. DEHNf <br />THOMAS M. F~TZPATRICK <br /> <br />August 10, 2001 <br /> <br />R.A_ND&L, DEHN & GOODRICH <br /> ATTORNEYS AT LAW <br /> <br /> 2140 FOURTH AVENUE-NORTH <br /> <br /> ANOKA, MINNESOTA 55303-2268 <br /> <br />TELEPHONE [763) 421-5424 <br />FACSIMILE (7631421-4213 <br /> <br />t REAL }~ROPERTY tAW S~'ECI^LIST <br /> CERT[F{ED 8Y MINNESOTA STATE <br /> <br /> bgood~tlaw, com <br /> <br />Thomas B. Olson <br />OLSON, USSET & WEINGARDEN P.L.L.P. <br />4500 Park Glen Road, Suite 300 <br />Minneapolis, MN 55416 <br /> <br />Re: City of Rarnsey/Ebert Construction <br /> <br />Dear Mr. Olson: <br /> <br />As you know, I am the Ramsey City Attorney. I am responding to your correspondence relating <br />to the City of Ramsey's election to claim liquidated damages regarding the above referenced <br />contract. <br /> <br />The parties entered into an AkA Standard Form Agreement (Al01-1997) dated March 22, 2000 <br />(the "Agreement") for the construction of a new fire station (the "Project") for the City of <br />Ramsey (the "Owner") to be constructed by your client, Ebert, Inc. (the "Contractor"). <br /> <br />The Agreement provided that the Project was to be constructed in 240 days commencing April <br />17, 2000 and completed on December 14, 2000. The Agreement, at Section 00805, Paragraph <br />1.07 provides that the Owner will suffer financial loss if the 'Project is-not "Substantially <br />complete" on December [4, 2000. The parties agreed that $500.00 per day that the Project is not <br />substantially complete is a reasonable amount as and for liquidated damages to be paid by the <br />Contractor to Owner. <br /> <br />The Owner's architect has determined that the Project was not substantially complete until <br />March 12, 2001, which is 87 calendar days after the contractual completion date of December <br />14, 2000. These 87 days equate to $43,500.00 in liquidated damages (87 x $500.00). The <br />liquidated damages claim notice was from the City's architects, Short, Elliot-t, Hendrickson, Inc. <br />sent to the Contractor by letter dated March 28, 2001. <br /> <br />In your letter of June 28, 2001 regarding the Agreement, you dispute the substantial completion <br />date. My preliminary analysis of this matter concludes that your assertions regarding the <br />substantial completion date are incorrect. <br /> <br />-209- <br /> <br /> <br />