Construction Delay Lawsuit Filed in Relation to ‘All Aboard Florida’ Train Project
In 2013, All Aboard Florida applied for and received federal funding to build a high speed passenger train service called the Brightline. This train line will connect Miami to Orlando, with several stops in South Florida along the route. The first leg of the project, from Miami to West Palm Beach, was originally scheduled to be finished by the mid-summer of 2017, and the entire line is supposed to be complete by the end of 2020.
However, the project has run into some issues. As of November 2017, the initial opening is still delayed. According to reporting from the Orlando Sentinel, a major dispute has arisen between several contractors working on key aspects of the project. Now, a construction delay lawsuit has been filed against several of the companies.
Miami’s Parking Garage is Delayed
The Miami-West Palm Beach section of the new train line is already at least six months behind schedule. One of the big issues causing this delay is the fact that an important twelve-story parking garage has yet to be delivered. When finished, this parking garage will be a part of Miami’s central train station complex.
According to the construction delay lawsuit that was filed, two contractors, Balfour Beatty and Facchina Construction, are being blamed for causing the delay. Specifically, the lawsuit alleges that these contractors caused unnecessary delay through their negligence and the creation of a hostile and difficult work environment.
When Can a Company Be Held Financially Liable for a Construction Delay?
Construction delay litigation is a notoriously complex legal matter. Whether you are a contractor or developer, companies involved in disputes over delays need legal representation. The most important thing that Florida contractors and project developers need to know in this type of case is that the dispute will be resolved by looking to the specific terms included in the underlying contract. An unreasonable delay can constitute a breach of contract.
To hold another company legally liable for a construction delay, the plaintiff in the case must prove that the defendant(s) failed to live up to their obligations under the terms of the contract. Notably, the remedy for a construction delay is also largely controlled by the contract. This is because most modern construction agreements contain a clause calling for liquidated damages. Simply put, liquidated damages are damages that are determined during the formation stage of the contract. Often, a liquidated damages clause will require the breaching party to pay a certain amount of money per day, for each day that their negligence or slow work has caused the project to be delayed.
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At Pike & Lustig, LLP, our Florida business law lawyers have deep experience handling all aspects of construction litigation cases. If your company is involved in a lawsuit over a construction delay, we are here to help. From our offices in West Palm Beach and Miami, we represent businesses throughout South Florida, including in Lake Worth, Boynton Beach, Delray Beach and Boca Raton.