HomeMy WebLinkAboutKRIEG DEVAULT LLP- 002139- 7/25/2011CARMEL REDEVELOPMENT COMMISSION
Krieg Devault LLP
One Indiana Square
Suite 2800
Indianapolis, IN 46204 -2079
Invoice
297810
PAC Claims
P.O. Num.
002139
Check: 2139
Date: 7/25/2011
Vendor: KRIEGDE1
Prior
Invoice Amt Balance Retention Discount Amt. Paid
48,504.11 48,504.11 0.00 0.00 48,504.11
48,504.11 48,504.11 0.00 0.00 48,504.11
THE,KEY TO'DOCUMENT SECURITY HEAT' ACTIVATED THUMB, PRINT •a ADDITIONAL SECURITY. FEATURES INCLUDED' ••SEE BACK FOR DETAILS
Carmel Redevelopment Commission
30 West Main Street`
Suite 220
`Carmel; IN 46032
PAY
TO THE
ORDER
OF
A REGIONS
2O- 14211740
DATE
002139
AMOUNT
2139
* * * * * * * * **
- -• 7/25/2011 48,504:1.1
THE;SUM OF FORTY EIGHT THOUSAND FIVE HUNDRED FOUR DOLLARS AND 11 CENTS * * * * * *
Krieg Devault:LLP.
OneIndiana Square"
S,uite 2800
Indianapolis, IN 46204 -2079
n °00 2 L 390 1:0 740 L4 2 1 31: 008 7 504 1 L Lip'
CARMEL REDEVELOPMENT COMMISSION
Krieg Devault LLP
One Indiana Square
Suite 2800
Indianapolis, IN 46204 -2079
Invoice
297810
PAC Claims
P.O. Num.
K -11- 52 COMPUTEREASE FORMS DIVISION (877)577=5791 T -37228
00213 °g
Check: 2139
Date: 7/25/2011
Vendor: KRIEGDE1
Prior
Invoice Amt Balance Retention Discount Amt. Paid
48,504.11 48,504.11 0.00 0.00 48,504.11
48, 504.11 48, 504.11 0.00 0.00 48, 504.11
Telephone: 317- 636 -4341
Telecopier: 317-636-1507
Fed. EIN # 35- 1055087
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Carmel, IN 46032
Performing Arts Center Claims
KRIEG DEVAULT LLP
ATTORNEYS AT LAW
ONE INDIANA SQUARE, SUITE 2800
INDIANAPOLIS, INDIANA 46204 -2079
June 21, 2011
Invoice Number 297810
Our File# CRML 00001 ABB
CONFIDENTIAL - ATTORNEY CLIENT CORRESPONDENCE
DISBURSEMENTS
05/09/11 Color Copies 2.00
05/16/11 Color Copies 4.00
05/31/11 Computerized Research - Westlaw 340.73
05/31/11 Federal Express 16.18
05/31/11 Photocopy 38.20
Total disbursements for this matter $401.11
TOTAL FEES 48,103.00
TOTAL DISBURSEMENTS 401.11
TOTAL CHARGES FOR THIS BILL $48,504.11
TOTAL BALANCE NOW DUE $48,504.11
PLEASE PAY THIS AMOUNT
Director of Redevelopment
This invoice is due upon receipt. Please make checks payable to Krieg
DeVault LLP and reference the invoice number.
$48,504.11
NY-
Telephone: 317- 636 -4341
Telecopier: 317- 636 -1507
Fed. E1N # 35- 1055087
Carmel Redevelopment Commission
Les Olds, AIA, Executive Director
30 West Main Street, Suite 220
Cannel, IN 46032
KRIEG DEVAULT LLP
ATTORNEYS AT LAW
ONE INDIANA SQUARE, SUITE 2800
INDIANAPOLIS, INDIANA 46204 -2079
June 21, 2011
Invoice Number 297810
Our File# CRML 00001 ABB
Performing Arts Center Claims
CONFIDENTIAL - ATTORNEY CLIENT CORRESPONDENCE
FOR PROFESSIONAL SERVICES RENDERED THROUGH 05/31/2011
05/02/11 MRS Meet with R. Schein regarding economic loss and impact upon drafting the
complaint; receive and start to review numerous documents in the file; follow up
with B. Strawbridge regarding preparation of the pleadings; have assistant
coordinate and assemble materials.
1.50 hrs
05/02/11 RSS Review and analyze issues related to claim matters, Hagerman; call with Steve
Strawbridge on the same; call to Shiel on the same; call with Bill Baten on the
same; follow up on the same.
2.50 hrs
05/02/11 RSS SSE /LHB: Review and analyze issues related to mediation and matters with
respect to the same; prepare for the same; review and analyze strategy on the
same; call to consultants on the same.
2.00 hrs
05/02/11 BSS Analyzed report of Walter P. Moore in support of preparing Complaint.
0.50 hrs
05/03/11 TJC Attention to issues raised by use and attendance of Walter P. Moore at mediation.
0.50 hrs
05/03/11 MRS Review the expert materials relating to the background and timeline of the
structural steel failure. Review damages report.
0.50 hrs
05/03/11 RSS LHB /SSE - Analyze issues related to claim matters and follow up on the same.
1.00 hrs
05/03/11 RSS Hagerman; Review and analyze outstanding issues related to claims submitted
and matters on the same.
0.75 hrs
05/03/11 BSS Draft Complaint involving Steal Suspension.
2.25 hrs
CRML 00001
Invoice # 297810
05/04/11 MRS Follow up with R. Schein on file issues; analyze legal strategy; draft revision to
the same. Review the draft complaint analyze legal strategy; draft revision to the
same.
2.40 hrs
05/04/11 RSS SSE /LHB: Review and analyze issues related to mediation and matters on the
same; correspond with parties related to the same; work on matters related to
recovery of monies for steel suspension.
0.75 hrs
05/04/11 RSS Hagerman; Review and analyze issuse related to claims, loss of productivity and
related issues; review of Relief Angle matters; analyze the same; review and
follow up with CPS on the same; review of correspondence from Steve
Strawbridge on the same; call with Kris Altice on matters related to the same.
1.50 hrs
05/04/11 BSS Analyze issues related to theries of economy; draft complaint against all
prospective defendants.
3.75 hrs
05/05/11 MRS Review contract provisions relating to recoverable damages for litigation
preparation purposes, including any alternative dispute resolution and claim time
limitations.
Page 2
4.00 hrs
05/05/11 RSS Hagerman: Review and analyze outstanding issues related to mediation; call with
Shiel on the same.
0.25 hrs
05/05/11 RSS Review and analyze issues related to complaint and allegations for the same.
0.50 hrs
05/05/11 RSS GPI: Call with Shiel regarding settlement matters and finalizing the same with
respect to documents and related matters.
0.25 hrs
05/06/11 RSS SSE Mediation matters; Review and analyze issues related to outstanding
matters; follow up on the same.
0.50 hrs
05/06/11 BSS Researched statutory obligations of architects and engineers pursuant to Indiana
Code and Indiana Administrative Code. Draft and revise Complaint against all
prospective defendants.
3.25 hrs
05/09/11 TJC Analysis of pros and cons of involving defendants in mediation with SSE and
LHB. Analysis of damages and statute of limitations issues.
1.25 hrs
05/09/11 MRS Follow up with B. Strawbridge re: status of the draft complaint; review the
updated revisions and circulate additional thoughts and comments; analysis with
R. Schein re: status of the matter, including mediation, filing lawsuit.
2.50 hrs
05/09/11 RSS Work on matters related to complaint; analyze issues related to economic loss
doctrine and matters on the same.
2.00 hrs
05/09/11 RSS Review and analyze issues related to matters involving settlement and mediation
with SSE; review and work on the same; analyze legal strategy and issues on the
same.
CRML 00001 Invoice # 297810
Page 3
3.50 hrs
05/09/11 BSS Worked on drafting the Complaint. Worked on drafting Mediation Statement for
pending mediation with LHB, CSO, SSE and Shiel Sexton.
4.75 hrs
05/10/11 MJM Review Supreme Court decision on economic loss rule- address issues. Work
through strategy.
1.00 hrs
05/10/11 MRS Review matters and materials governing tolling agreement for purposes of
putting together an agreement with three parties.
0.40 hrs
05/10/11 MRS Prepare detailed memorandum re: possible application of the economic loss
doctrine; Review and analyze matters involving complaint.
3.20 hrs
05/10/11 RSS Analyze issues related to complaint and damages on the same; review of causes
of action; analyze strategy mattes; review of documents and calls on the same;
review and analyze issues related to mediation; work on the same; follow up on
mediation matters.
4.25 hrs
05/10/11 BSS Drafted Confidential Mediation Statement for upcoming mediation with LHB
and SSE. Working on drafting Complaint enhancing factual allegations against
defendants. Drafted notice of claim letter to counsel for Alt & Witzig. Drafted
letter to counsel for SSE supplementing damage calculations.
4.75 hrs
05/11/11 TJC Analysis of time, scope and manner of noticing Shiel, CSO and A &W; whether
to file complaint including negligence claims.
1.00 hrs
05/11/11 MRS Follow up with B. Strawbridge and R. Schein regarding the draft notice /demand
letters to the remaining contractors on the project.
0.25 hrs
05/11/11 RSS Review and analyze issues related to claims and work on the same; work on
strategy and potential litigation; analyze issues related to the same; follow up on
matters related to the same.
3.25 hrs
05/11/11 BSS Researched and analyzed issues associated with Economic Loss Doctrine and
applicability to causes of action. Drafted letter to counsel for LHB relating to
mediation issues. Worked on Confidential Mediation Statement. Worked on
drafting correspondence to counsel for Alt & Witzig, Shiel Sexton, and SSE
regarding claims, daamges, and medition. Worked on drafting and revising draft
Complaint.
2.25 hrs
05/12/11 TJC Addressed issues related to notices to Shiel, CSO and A &W; addressed issues
related to mediation and disclosure of fact report.
0.50 hrs
05/12/11 MRS Review and work on the draft mediation statement, including comments to B.
Strawbridge.
0.40 hrs
05/12/11 RSS Analyze strategies related to potential litigation and mediation; prepare demand
letters; analyze issues related to the same; work on the same.
CRML 00001
Invoice # 297810 Page 4
2.00 hrs
05/12/11 BSS Worked on drafting and revising Complaint; strategized regarding maintaining
non - contractual claims. Researched conditions precedent to litigation.
1.00 hrs
05/13/11 TJC Reviewed, analyzed and commented on response to SSE related to failure
analysis and as a precursor to mediation.
0.25 firs
05/13/11 RSS Review and analyze strategy, claims and related issues; follow up on the same.
1.00 hrs
05/13/11 BSS Worked on Notices of Claim to various parties; Strategized regarding issues
associated with Complaint and conditions precedent to filing.
0.50 hrs
05/14/11 BSS Drafted and revised correspondence seperatly to CSO, SSE, and Shiel Sexton
setting forth factual bases to support allegations of breach, summary of damages,
and claims for indemnification.
0.75 hrs
05/16/11 TJC Evaluation of claims against various parties; analysis of when and how to put
them on notice, potential for tolling agreement, and whether to insist that they
attend mediation.
1.00 hrs
05/16/11 RSS Work on matters related to claims and issues on the same; prepare for mediation;
analyze issues relate to the same.
3.75 hrs
05/17/11 MRS Start to prepare the court ordered findings of fact and conclusions of law.
0.40 hrs
05/17/11 MRS Review and make final strategy and modifications to the complaint, confirm the
salient statutes and administrative code provisions.
1.50 hrs
05/17/11 RSS Review and analyze issues related to mediation; call with mediator, Bill Baten;
correspond with SSE counsel on matters related to mediation; review and
analyze issues related to the same;
2.75 hrs
05/18/11 TJC Attention to issues of notice and mediation.
0.25 hrs
05/18/11 MRS Analyze mediation issues from participants and issues relating to the surety;
review and follow -up communications regarding the same.
0.30 firs
05/18/11 RSS Review and analyze issues related to mediation and matters on the same; work
and follow up on the same; review and analyze issues related to claims involving
numerous parties to the project; work and review of strategy for the same.
1.75 hrs
05/19/11 MRS Follow up with R. Schein re: scope of work from A &W; review additional
contract documents.
0.80 hrs
05/19/11 RSS Follow up on mediation matters and damages issues; review and analyze issues
related to the same.
0.50 hrs
05/19/11 BSS Drafted and revised correspondence to Shiel Sexton, CSO and LHB articulating
CRML 00001 Invoice # 297810 Page 5
damage calculations. Reviewed and revised Complaint.
0.25 hrs
05/20/11 RSS Call with Walter P. Moore on issues related to Mediation; follow up on matters
related to the same.
0.50 hrs
05/22/11 TJC Analysis of economic loss doctrine and its effect on damages model. Worked on
mediation strategy.
1.00 hrs
05/22/11 RSS Work on mediation matters; review and analyze issues related to the same.
2.00 hrs
05/23/11 TJC Reviewed mediation statement. Attention to strategy related to use of Walter P.
Moore opinions at mediation.
1.00 hrs
05/23/11 MRS Follow up with R. Schein regarding Alt & Witzig matters, mediation matters;
follow up with B. Strawbridge regarding double mediation statement, and quick
discussion of the same.
0.40 hrs
05/23/11 RSS Review and analyze issues related to mediation; call with CPS on the same;
review and analyze issues related to damages and mediation statement; work on
the same; finalize letter to LHB; correspond on the same; prepare for Mediation;
call with Nick Nizamoff re. mediation; pre- mediation meeting; calls on the same.
8.50 hrs
05/23/11 BSS Worked on drafting and revising the Mediation Statement. Reviewed SSE's
Mediation and Statement and strategized regarding the same. Reviewed
correspondence to /from Alt & Witzig regarding defects and disclaimer of
liability. Researched analagous case law regarding breach of inspection services.
2.00 hrs
05/24/11 MQ Worked on strategy for mediation. Analyzed issues related to arbitration versus
litigation. Analyzed statute of limitations issue. Analyzed negligence claims and
economic loss doctrine. Analyzed comparative fault act implications.
1.25 hrs
05/24/11 TJC Reviewed and finalized mediation statement; special attention to degree of
disclosure of Walter P. Moore conclusions to SSE and LHB counsel. Attention
to confidentiality provisions of mediation.
0.50 hrs
05/24/11 MRS Receive, review, and provide brief comment on the final mediation statement,
follow up with R. Schein regarding the same; follow up on the tolling agreement
materials with B. Strawbridge.
0.25 hrs
05/24/11 RSS Review and analyze issues; draft and finalize Mediation Statement; calls with
CPS on matters; analyze strategy matters; work on the same; prepare for
Mediation with SSE and LHB.
7.25 hrs
05/24/11 BSS Worked on drafting Tolling Agreements with Shiel Sexton, Alt & Witzig, and
CSO Architects. Drafted and revised Mediation Statement. Researched issues
associated with statute of limitations and mandatory arbitration provisions and
tolling agreements.
2.25 hrs
CRML 00001 Invoice # 297810 Page 6
05/25/11 TJC Review and analysis of draft tolling agreements for Shiel, CSO and A &W.
Attention to statute of limitations issues regarding arbitration. Follow up on
mediation. Outlined strategy for initiation of litigation against SSE; execution
of tolling agreement with Shiel, CSO and Alt; and either initiation of litigation,
initiation of arbitration, or execution of tolling agreement with LHB.
2.25 hrs
05/25/11 TJC Preliminary review and analysis of failure chart developed by Walter P. Moore
for use in mediation and litigation.
0.25 hrs
05/25/11 MRS Follow up with R. Schein and B. Strawbridge regarding finalizing the complaint,
statute of limitations issue pertaining to mandatory arbitration provision in
contract.
0.40 hrs
05/25/11 RSS Review and analyze issues for mediation; work and review of contracts and
analysis; calls on the same; prepare for mediation with SSE and LHB; analyze
strategy matters; attend mediation; follow up on matters related to the same;
meeting with Walter P Moore on issues for the same.
12.25 hrs
05/25/11 BSS Researched statute of limitations issues relating to mandatory arbitration
provisions and waiver of arbitration; prepared summary of researched and
strategized regarding procedural concerns associated with statute of limitations.
Worked on drafting Complaint and Tolling Agreement. Strategized regarding
settlement negotiations and mediation.
4.50 hrs
05/26/11 MQ Follow up regarding mediation. Analyzed options regarding inclusion of Shiel
Sexton in lawsuit based upon allegations of contractor. Analyzed options
regarding tolling agreement regarding arbitration. Analyzed strategy regarding
stay of arbitration. Analyzed settlement strategy moving forward with engineer
and contractor.
0.75 hrs
05/26/11 TJC Revised and edited draft of tolling agreement.
0.50 hrs
05/26/11 MRS Follow up on mediation with R. Schein; follow up and review the finalized
complaint before filing suit with B. Strawbridge; follow up on the tolling
agreement.
0.60 hrs
05/26/11 RSS Analyze strategy matters; work on finalizing complaint and issues on the same;
work on matters related to LHB claims; call to Bob Hoffman relating to the
same; call to Kris Altice on matters related to Mediation; follow up on the same.
2.75 hrs
05/26/11 RSS Review and analyze issues related to Hagerman Mediation; call to Nick
Nizamoff on the same; correspond with parties on the same.
0.75 hrs
05/26/11 BSS Worked on drafting Complaint against SSE and its surety exclusively. Drafted
and revised Tolling Agreements with LHB and CSO for arbitration. Researched
issue of statute of limitations tolling with mandatory arbitration provision
requiring dismissal from litigation. Strategized regarding procedural issues in
filing complaint and arbitration issues.
2.25 hrs
CRML 00001
Invoice # 297810 Page 7
05/27/11 TJC Addressed issues related to tolling agreements with CSO, Shiel, LHB and Alt &
Witzig. Addressed issues related to filing suit against SSE.
1.00 hrs
05/27/11 RSS Review and work on complaint; analyze issues related to parties, strategy and
matters on the same; analyze issues related to recovery and issues on respective
tolling agreements with various parties; several calls on the same.
4.50 hrs
05/27/11 BSS Drafted and revised complaint against SSE; strategized regarding factual
allegations and public disclosure of defect issues.
0.25 hrs
05/31/11 MQ Worked on tolling agreement and revisions thereto. Analyzed issues regarding
personal claims against the architect. Analyzed negligence damages to survive
economic loss doctrine claims. Analyzed claim against the subcontractor.
1.25 hrs
05/31/11 TJC Reviewed comments to draft tolling agreements provided by counsel for LHB,
CSO and Shiel. Address issues related to naming engineer, individually, in
litigation.
1.50 hrs
05/31/11 RSS Review and analyze issues related to complaint, tolling agreement and strategy
issues; several calls with respective counsel and parties on issues related to the
same; work on finalizing and revising respective Tolling Agreements; analyze
issues related to the same; prepare changes to complaint and analyze strategy to
the same.
5.50 hrs
05/31/11 BSS Researched LHB's use of engineer's seal on plan documents and strategized
regarding naming engineer as individual defendant. Worked on
prearing/revising Complaint to be served and filed. Researched process servers
to serve complaint on LHB's surety; phone conferences with process servers in
Northeast, Ohio. Researched naming architect and engineer attesting via seal in
individual capacities, and prepared research on the same.
2.75 hrs
Total fees for this matter $48,103.00
DISBURSEMENTS
05/09/11 Color Copies 2.00
05/16/11 Color Copies 4.00
05/31/11 Computerized Research - Westlaw 340.73
05/31/11 Federal Express 16.18
05/31/11 Photocopy 38.20
Total disbursements for this matter $401.11
TOTAL FEES 48,103.00
CRML 00001
TOTAL DISBURSEMENTS
Invoice # 297810
TOTAL CHARGES FOR THIS BILL
TOTAL BALANCE NOW DUE
PLEASE PAY THIS AMOUNT
This invoice is due upon receipt. Please make checks payable to Krieg
DeVault LLP and reference the invoice number.
Page 8
401.11
$48,504.11
$48,504.11
$48,504.11