“We believe the best measure of our capabilities is reflected in the longevity of our client relationships and the frequency with which our clients return to us for representation.”
– Chip Bachara, Managing Partner
Berkman Plaza II Litigation & Implosion
Bachara Construction Law Group was heavily involved in the litigation resulting from the collapse of the parking garage for Berkman Plaza II for several years immediately after the incident. More than ten years after the litigation concluded, a new developer and the City of Jacksonville became embroiled in a legal battle over issues relating to the demolition of the building. BCLG was again called upon to provide representation — this time working on behalf of the implosion subcontractor – in an effort to diffuse tensions so that the building could be imploded with minimal exposure on the contractors to the litigation that was being threatened. The successful conclusion of that engagement resulted in the demolition of the building on Sunday March 6, 2022 – 5203 days after the collapse of the parking garage.
Trial by Jury of St. John’s County Construction Dispute
In St. Johns County, Florida, a BCLG trial team successfully represented a contractor client in court in a complex construction dispute in 2019. After a three-day trial and three hours of deliberations, the jury returned favorable verdicts on each of the 22 counts presented. Defeating all claims against a contractor and recovering all claims and amounts sought by the contractor against the owner is rare, and our team’s extensive knowledge of construction law and careful attention to the facts, combined with extensive research and jury selection expertise, paid off.
Demolition Bid Protest for Courthouse
BCLG successfully represented Environmental Holdings Group (EHG) in a 2018 bid protest hearing regarding a contract for the asbestos and mold abatement, demolition, and implosion of the old Duval County Courthouse and City Hall Annex. EHG’s award for the $8M contract was challenged by the second-lowest bidder, which raised some challenging arguments. Following a lengthy hearing before the panel, we were able to defeat each argument and the panel voted unanimously in favor of our client being awarded the bid.
JAXPORT Paving Dispute
In 2016, BCLG settled a high-profile dispute on behalf of the Jacksonville Port Authority (JAXPORT) over defective pavement design at the Dames Point Marine Terminal, negotiating a $10.25M settlement from a contractor and two engineering firms after nearly two and a half years of litigation. Prior to settlement of the case, the Bachara-led legal team conducted more than 100 days of depositions, analyzed more than 1.2 million documents and prepared 2,300 exhibits for trial. Due to the technical complexity of the subject matter, experts for the case were retained from as far away as the U.K., and the mediator who assisted with the settlement was from San Francisco. As a result of BCLG’s efforts, JAXPORT recovered a significant portion of its damage and avoided the heavy expense of a long and complicated trial. The Bachara Group took over as lead trial counsel for the suit at the request of the City of Jacksonville’s Office of General Counsel in March 2013. For further details, click here.
Design/Build Contractor Defense
Defended a design/build contractor against claims by a hospital that their HVAC system was under-designed. Following a three-week bench trial, the federal court determined that the contractor had in fact provided an adequate and proper design, and had neither breached the contract nor fallen below the standard of care for engineering design. For a link to the final judgment, click here.
Oceanfront Resort Owner
Represented an oceanfront resort owner against a contractor for the defective installation of concrete roof tiles. Following two days of hearings, the arbitrator determined that the roof was incorrectly installed and the contractor was responsible for $2.18 million in damages. For a link to the arbitrator’s award, click here.
Environmental & Infrastructure Contractor Defense
Defended a nationally-recognized environmental and infrastructure contractor in a construction defect claim involving a complicated drainage system installed at an environmental waste disposal site.
State University Conflict Resolution
Successfully resolved a state university’s claims against a general contractor, surety and architecture firm for construction and design defects related to design and construction of a building envelope system.
Healthcare Facility Conflict Resolution
Successfully resolved a design professional’s claim related to the design of a fire retardant system in a health care facility, as well as related delay claims brought by the contractor.
Contractor’s DOT Bid Protest
Successfully resolved a contractor’s bid protest involving a Department of Transportation environmental services contract brought in the Florida Division of Administrative Hearings.
Road Contractor Bid
Defended the apparent lowest bid of a road contractor for approximately $12.5 million worth of road construction and repairs. The disappointed second-lowest bidder filed a protest asserting that the calculation of the bids was “incorrectly analyzed” and if analyzed “correctly,” would have resulted in the contract being awarded to them. Following public hearings before a hearing officer and the county commission, our client was awarded the project despite vigorous opposition and significant efforts by the second-lowest bidder to sway votes in its favor through political influence.