Skanska sued by Justice Department over barge damage at NAS Pensacola
The U.S. Department of Justice is suing Skanska for more than $1.4 million in costs and damages stemming from construction barges crashing into two Navy-owned bridges.
Skanska, the construction firm contracted by the Florida Department of Transportation to replace the outdated Pensacola Bay Bridge, failed to take "reasonable measures to protect its barges" from Hurricane Sally in September 2020, a federal judge ruled in December 2021. As a result of Skanska's actions, 27 of the company's 55 construction barges broke free during the storm and damaged waterfront properties around Pensacola Bay.
Two of the damaged properties included the Sam Lovelace Bridge, which connects Naval Air Station Pensacola to the Warrington area, and a golf cart bridge that connects parts of the A.C. Reed golf course complex on NAS Pensacola.
The ruling: Skanska loses Hurricane Sally trial. Judge finds company negligent for failing to prepare.
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The DOJ's civil suit, filed June 26 in the U.S. District Court for the Northern District of Florida, claims Skanska was negligent in its storm preparations and breached its duties to the Navy and the United States in the hurricane's aftermath. The DOJ is seeking $1,431,051 for damages, plus legal costs and attorney's fees, as well as a warrant issued for the "arrest" of the two offending barges so that they can be "condemned and sold to pay such judgement."
The DOJ complaint details the events leading up to Hurricane Sally, noting the very first National Hurricane Center advisory was issued on Sept. 11, 2020, and that there were regular updates on the storm prior to it making landfall Sept. 16.
Under general maritime law and its own Hurricane Preparedness Work Plan, "Skanska should have demobilized and moved its barges away from the bridge to previously designated safe harbors," the DOJ complaint argues. Instead, Skanska moored more than two dozen vessels in the middle of the bay where they were ultimately dislodged by hurricane force wind and waves.
Along with damage to the Navy's bridges, the barge incident necessitated that the Pensacola Bay Bridge be closed nine months for repairs and damaged numerous public and privates properties along the Pensacola Bay coastline.
Skanska petitioned the court to exonerate it from liability, or at minimum limit its liability, regarding barge damage. During a bench trial from October 18-22, 2021, Skanska's attorneys presented evidence, argument and expert witness testimony to convince a judge its actions were not negligent, however the judge found Skanska had indeed been negligent in its preparations. The opinion cleared the way for more than 1,000 public and private plaintiffs to sue Skanska over property damages and financial losses.
In the case of the Navy, the DOJ complaint says the golf cart bridge was completely destroyed and will need to bedemolished and rebuilt. The estimated cost of rebuilding, based on current materials and labor costs, is $762,028.
The Sam Lovelace Bridge needs $125,125 in repairs, according to the complaint.
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Additionally, the damage to the golf cart bridge caused $71,680 in incidental costs such as grounds maintenance expenses and increased wear and maintenance on golf carts. Eventually, the Navy deemed the additional maintenance costs to be too high, and in July 2022 closed the nine holes served by the golf cart bridge. That decision reduced the number of patrons that could access the golf course, reducing the Navy's revenue by an estimated $76,772 through May 7, 2023.
The complaint also notes that a Skanska barge was found beached on NAS Pensacola several hundred yards inland. The Navy requested that Skanska remove the barge in a timely fashion and "Skanska did not do so." Instead Skanska agreed to reimburse the Navy for its costs in removing the barge.
"In response to this agreement, the Navy incurred $395,444 in costs," the DOJ complaint said. "Skanska has not reimbursed the Navy for the costs and has breached its agreement."
Skanska has not yet filed a response to the complaint.
This article originally appeared on Pensacola News Journal: NAS Pensacola barge damage prompts lawsuit against Skanska
