The Site Report - Construction Law Insights: Issue 5, 2022

Bridges, Natural Disasters and Liability - The Skanska Decision (Part 1) -

What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to follow agreed upon emergency preparedness plans are a recipe for disaster. While the litigation we analyze in this article stems from bridge construction in Florida, the lessons learned from this real situation are applicable all across the country.

The tale begins with the Florida Department of Transportation (“FDOT”) contracting with Skanska USA Civil Southeast Inc. and Skanska USA Inc. ("Skanska") to build two new spans for the Pensacola Bay Bridge ("Bridge"), while simultaneously demolishing the old bridge. In order to complete this project, Skanska employed a fleet of 55 construction barges. In September 2020, Skanska had just completed the new Pensacola Bay Bridge between Pensacola, Florida and Gulf Breeze, Florida. The three mile long Pensacola Bay Bridge is the primary route between Pensacola and Gulf Breeze.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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