Escambia County is preparing for all possible outcomes of its settlement attempts with Skanska after the company's barges tossed around by Hurricane Sally caused millions of dollars in damage.
Earlier this month, the Escambia County Commission approved the retainer of three private law firms: Levin Papantonio, Aylstock, Witkin, Kreis and Overholtz, and Beggs and Lane.
According to a March 5 article from Pensacola News Journal, the retainer is merely in preparation to "pursue all civil remedies" in the county's efforts to recoup the losses from the damage to the Pensacola Bay Bridge and the Wayside Park fishing pier. Settlement attempts are reportedly ongoing since November of last year, with the $28 million in damage to the pier a centerpiece of the negotiations.
Allison Rogers, Escambia County attorney, told Florida Record that the settlement negotiations with Skanksa and its insurance companies are continuing in good faith "in order to try to resolve the matter short of litigation."
"All efforts will be made to ensure a fair resolution short of litigation, with care taken to make sure the public assets are appropriately accounted for," Rogers said.
According to the News Journal, county risk manager Mark Bartlett said that the county "will not miss any deadlines for filing any proper paperwork in court," and "will not jeopardize legal avenues."
In the article, Rogers also said that one of the biggest goals of the county is to recoup the damage to the pier. The settlement agreement allows for attorneys to be paid 25% of the money recovered in court, but they will get nothing if no funds are recovered.
If the court rules in favor of Skanska's claim of maritime law, its liability to the county for the damages would be only the property that was damaged and only the barge's value.
The retainment of the law firms came hours after the DOT announced that the bridge would not open on time.
"Everyone that had to make that drive these last five months — although they didn't believe it — they saw the light at the end of the tunnel," said Commission Chairman Robert Bender in the article. "And I was really hopeful that we'd be able to deliver that, that FDOT would be able to deliver that, that Skanska and its contractors would be able to deliver that. And it's devastating news that it wasn't going to happen."