Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE Office of the County Attorney to commence litigation and take all related necessary and appropriate actions against Archer Western Construction, LLC, and any other parties as determined by the County Attorney, to recover damages resulting from deficient, defective, and/or nonconforming construction provided in connection with the South Runway project at the Fort Lauderdale-Hollywood International Airport.
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Why Action is Necessary
Approval by the Board of County Commissioners (the "Board") is required for the Office of the County Attorney to file a lawsuit.
What Action Accomplishes
Authorizes the commencement of litigation and the taking of related actions against potentially liable parties.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
On May 14, 2013 (Item No. 38), the Board awarded Contract No. Z1118304C1Z to Archer Western Construction, LLC ("Archer"), whereby Archer would serve as the County's prime contractor for the Expansion of the South Runway, Crossfield Taxiways, and Holdpad - Paving, Lighting, Signage and Markings project at Fort Lauderdale Hollywood International Airport (the "Project").
The Project achieved final completion on or about July 18, 2016. In January 2024, the County became aware of cracks in multiple runway panels constructed by Archer. An inspection conducted by County staff and consulting engineers determined that approximately 40 runway panels will need to be replaced at considerable expense.
A lawsuit against Archer in connection with the Project, which would be based on latent construction defects discovered in the South Runway, may be barred by the statute of limitations if not filed by July 1, 2024.
Approval of this item would allow the County to seek recovery of the costs associated with repairing and replacing the runway panels, including design costs, construction costs, and all other related damages, whether known or unknown at this time.
Source of Additional Information
Alexander J. Williams, Jr., Senior Assistant County Attorney, 954-359-6100
Fiscal Impact
Fiscal Impact/Cost Summary
All legal work will be performed by the Office of the County Attorney within existing resources. Litigation costs (filing fees, deposition costs, expert fees, etc.) are currently estimated at $100,000.