Peter M. Feaman, Esq. Nancy E. Guffey, Esq. Jeffrey T. Royer, Esq
The Law Office
of PETER M. FEAMAN, P.A.
Strategic Counselors. Proven Advocates.™
August 5, 2014
3695 W. Boynton Beach Blvd. Suite
Boynton Beach, FL 33436 Telephone: 561-734-5552
Via Certified Mail - #7013 3020 0000 4221 0717 and U S. Mail
David Israel, President
United Civic Organization, Inc. 2102 West Drive
West Palm Beach, FL 33417
Re: Demand for Action
M&M Asphalt Maintenance, Inc.
Repayment of overruns and remediation cost
Dear Mr. Israel:
The undersigned represents numerous property owners in Century Village, including but not limited to Camden K, Unit 245, Century Village, West Palm Beach, Florida 33417. Ownership makes them "members" of the not-for-profit United Civic Organization, Inc. ("UCO") pursuant to the terms of Article IV of the By-laws of UCO. ·
As members of UCO, and by and on behalf of UCO, demand is hereby made that the officers and directors authorize and initiate a lawsuit on behalf of UCO against M&M Asphalt & Maintenance, Inc. ("M&M") for the incompetent and defective work they performed as a contractor for the asphalt paving project for the Century Village Community (the "Paving Project"). The specific defects in the M&M work are outlined in detail in the Verified Complaint filed by some of UCO's members against UCO and you, arising out of the Paving Project undertaken by M&M (a copy of the Complaint without attachments is enclosed for your reference). The Paving Project was subject to extreme cost overruns, ultimately costing UCO and its members in excess of $5 million. The incompetent work M&M performed will cost millions more in remediation repairs. The undersigned demands that this lawsuit be initiated without delay.
Additionally, the undersigned demands further that you, as a director and officer of UCO, pay as damages to UCO those amounts that represent: a) the cost overruns incurred by UCO as a result of the incompetent and inefficient work by M&M; and, b) the costs incurred, or to be incurred, to remediate the shoddy work performed by M&M. The demand is made against you
based on the reckless manner in which you administered the Paving Project on behalf of UCO. This reckless conduct included, but is not limited to:
1. Failure to retain legal counsel to review the contracts for a multi-million dollar project for the legal protection of UCO;
2. Failure to solicit meaningful, good faith competitive bids for significant portions of the project as required by §718.3026(1), Florida Statutes;
3. Failure to adequately perform due diligence on M&M prior to awarding M&M the contract or contracts for the Paving Project, to-wit:
a. Failure to evaluate the quality of M&M work by inspecting other asphalt paving projects performed in the past by M&M;
b. Failure to ascertain M&M's ability to provide repaving and related services of the type and quality required to competently and efficiently complete the Paving Project;
c. Failure to determine the qualifications of M&M work personnel;
d. Failure to evaluate M&M's other pending projects so as to evaluate M&M's ability to timely and competently complete the Paving Project; and
e. Failure to ensure that all permits were obtained for the Paving Project as required by Palm Beach County.
4. Failure to engage a qualified engineer, architect or other construction professional to oversee the proper performance of the work on the Paving Project;
5. Failure to obtain from the Delegate Assembly the required approvals before unilaterally transferring funds from other unrelated accounts, such as the Ambulance Account and General Account, to the Road Reserve Account, for the purpose of paying for cost overruns.
Please be advised that your failure to:
1. Initiate, on behalf of UCO, litigation for breach of contract against M&M; and
2. Repay to UCO those dollar amounts that represent cost overruns and remediation repairs for the incompetent work performed by M&M in connection with the Paving Project, will result in the undersigned initiating a derivative suit on behalf of UCO against you and M&M for damages.
Please govern yourself accordingly.
Very truly yours,
PETER M. FEAMAN, P.A.
August 12, 2014
Peter M. Feaman Esq.
3695 W. Boynton Beach Blvd. Suite 9
Boynton Beach, FL 33436 Re:
UCO demand for action
Dear Mr. Feaman,
My client United Civic Organization Inc. has asked me to respond to your August 5th letter which demands UCO initiate legal action against M&M Asphalt for alleged construction defects. You make reference to a class action lawsuit filed by Mr. Karpf and Mr. Solomon but a review of the docket on that lawsuit does not show you as counsel of record. Your clients are unidentified except for the owner of unit Camden K-245 at Century Village which I believe is Myron Solomon.
UCO and its President Dave Israel reject all of Mr. Solomon's allegations and will not initiate any actions against M&M Asphalt or repay any funds to UCO's treasury. Solomon's demands have no legal or factual merit.
Rod Tennyson Esq.
Did Israel do his duty by advising the delegates of his stance and action on the Lawsuits?
You can't make this stuff up.