TITLE
title
Pre-Suit Mediated Settlement Agreement and Mutual Release With New Vista Builders Group, LLC, Regarding Florida Prompt Payment Act Dispute Pertaining to Contract No. 21-C0008 for Constructions of Fire Station No. 5
body
BRIEF OVERVIEW
In 2021, Hernando County entered into Contract 21-C0008 with New Vista Builders Group, LLC for the construction of Hernando Fire Station #5. On February 27, 2024, New Vista Builders Group, LLC submitted payment application #19 in the amount of $317,493.74, of which $291,301.78 was retainage. The County's project manager certified the pay app on April 18, 2024, 21 days after the deadline to accept or reject the pay app under the Florida Prompt Payment Act. It is noteworthy that at this time, the County was experiencing a network outage. Believing pay app #19 was for final payment, the County emailed Lazaro Fernandez of New Vista Builders Group, LLC on April 29, 2024, asking him to review, sign and return the final completion acceptance form. Mr. Fernandez did not return the form to the County until July 26, 2024. During this time period, the County also advised New Vista Builders Group, LLC that it would be assessing liquidated damages against New Vista Builders Group, LLC in the amount of $22,000.00. New Vista Group Builders Group, LLC disputed the liquidated damages, and the County decided to withdraw the liquidated damages assessment.
On or about August 27, 2024, New Vista Builders Group, LLC inquired of the Procurement Department regarding the delinquent payment on pay app #19. It was then that the Procurement Department realized that pay app #19 was improper; it should not have included the retainage amount because it was not the final pay app. The Procurement Department directed New Vista Builders Group, LLC to submit a corrected pay app #19 excluding the retainage amount. New Vista Builders Group, LLC submitted the corrected pay app #19 for $24,948.86 on September 4, 2024.
On September 6, 2024, New Vis...
Click here for full text