To:
From:
Re:
Attachment:
A. Motion:
Discussion:
City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 22, 2017
Lisa Fauteux, Director Public Works
Administration
Outside Legal Counsel Broad Street Parkway
Memorandum Corporation Counsel - April 10, 2015
To approve the increase funding for outside counsel fees and expert witness fees in an
amount not-to-exceed $50,000 plus expenses for litigation relating to the Broad Street
Parkway. Funding will be through Department 160 Admin/Engineering; Fund: Bond;
Activity: Broad Street Parkway.
In April 2015, the Legal Department obtained approval to retain Attorney Frank
Spinella as outside counsel to represent the City in regard to anticipated claims by and
against the City between the City and E.D. Swett, Inc. and Albanese D & §, Inc.
The initial approval was for an amount not-to-exceed $50,000 plus expenses.
The Albanese matter has been resolved. Litigation has been filed in the E.D. Swett
matter and will require additional outside counsel fees and expert witness fees in an
amount not-to-exceed $50,000 plus expenses.
With approval of this increased authorization, the total authorized for outside legal
counsel and expert witness fees will be $100,000 plus expenses.