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Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action
A construction company tired to build a Volusia County branch jail in
Daytona Reach, Florida, was awarded $2,300,677 for extra work the company
was required to perform and for the outstanding balance on the contracted
construction price.
Plaintiff Noonan-South, Inc., a construction company hired to build a
branch jail for Volusia County, brought action in the U.S. District Court
for the Middle District of Florida against defendant Volusia County.
Plaintiff claimed that the county refused to pay for extra work it required
plaintiff to perform and that the county illegally withheld roughly $1.9
million of the contracted construction price.
The defendant county brought its own action against the plaintiff, the
plaintiff's surety, and the project architect alleging that the plaintiff
failed to complete the project within the specified time frame; improperly
constructed the roof, necessitating its entire replacement; and improperly
compacted the earth around the foundation allowing water seepage.
Plaintiff claimed that construction was delayed due to the weather;
construction of the jail was substantially completed; the jail met all
Administrative Code requirements; the county continued to assess liquidated
damages of $6,000 per day for approximately 3 months after the jail was
ready to house prisoners; the roof was adequate and did not need to be
replaced.; and the county could have repaired the roof leak for
approximately $50,000 rather than the $1.3 million it spent replacing it.
Between September 11, 1991, and October 4, 1991, the jury found for
plaintiff on the extra work claim and awarded it $381,249. Plaintiff moved
for directed verdict on the unpaid contract balance and was awarded an
additional $1,919,388 by the court. Thus, plaintiff's total award was
$2,300,677. (The $40 discrepancy was unexplained.)
The defendant county was awarded $168,136 for liquidated damages, defective
work, and utility expenses.
Plaintiff was represented by V. Robert Vezina, and Michael A. Piscitelli of
the Tallahassee law firm Cummings, Lawrence & Vezina. See: Noonan-South,
Inc., v. County of Volusia, USDC MD FL, Case No. 87-399-CIVOBL-19.
Daytona Reach, Florida, was awarded $2,300,677 for extra work the company
was required to perform and for the outstanding balance on the contracted
construction price.
Plaintiff Noonan-South, Inc., a construction company hired to build a
branch jail for Volusia County, brought action in the U.S. District Court
for the Middle District of Florida against defendant Volusia County.
Plaintiff claimed that the county refused to pay for extra work it required
plaintiff to perform and that the county illegally withheld roughly $1.9
million of the contracted construction price.
The defendant county brought its own action against the plaintiff, the
plaintiff's surety, and the project architect alleging that the plaintiff
failed to complete the project within the specified time frame; improperly
constructed the roof, necessitating its entire replacement; and improperly
compacted the earth around the foundation allowing water seepage.
Plaintiff claimed that construction was delayed due to the weather;
construction of the jail was substantially completed; the jail met all
Administrative Code requirements; the county continued to assess liquidated
damages of $6,000 per day for approximately 3 months after the jail was
ready to house prisoners; the roof was adequate and did not need to be
replaced.; and the county could have repaired the roof leak for
approximately $50,000 rather than the $1.3 million it spent replacing it.
Between September 11, 1991, and October 4, 1991, the jury found for
plaintiff on the extra work claim and awarded it $381,249. Plaintiff moved
for directed verdict on the unpaid contract balance and was awarded an
additional $1,919,388 by the court. Thus, plaintiff's total award was
$2,300,677. (The $40 discrepancy was unexplained.)
The defendant county was awarded $168,136 for liquidated damages, defective
work, and utility expenses.
Plaintiff was represented by V. Robert Vezina, and Michael A. Piscitelli of
the Tallahassee law firm Cummings, Lawrence & Vezina. See: Noonan-South,
Inc., v. County of Volusia, USDC MD FL, Case No. 87-399-CIVOBL-19.
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Related legal case
Noonan-South, Inc., v. County of Volusia
| Year | 1991 |
|---|---|
| Cite | USDC MD FL, Case No. 87-399-CIVOBL-19 |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 2,300,680.00 |
| Injunction Status | N/A |
no case text.