West Avenue flood project contractor sues Miami Beach and seeks to leave the job

The contractor building Miami Beach’s West Avenue anti-flooding project has sued the city and wants off the job, the Miami Herald reported Friday. Ric-Man Construction Florida filed the lawsuit earlier this month, and a claim summary attached to it puts the cost of delays it blames on the city at nearly $21 million, according to the Herald.

The lawsuit alleges that the city failed to coordinate with neighboring property owners before work began, which kept construction from starting on time. It also alleges the city let construction begin without checking for drainage pipes that private property owners had connected without authorization. Ric-Man says it can’t tie those pipes into the new system, and that removing them without another fix would flood yards and homes during heavy rain or high tides, the Herald reported. The company is seeking millions of dollars for work and expenses so far.

The city has not formally answered the complaint. City spokeswoman Melissa Berthier said in a statement to the Herald that “residents can be assured that day-to-day construction work will continue without interruption,” and that Ric-Man must keep working while the dispute plays out. The city attorney’s office declined to comment on pending litigation.

What the project covers

Phase II covers West Avenue between 14th and 17th streets and its side streets, Bay Road from 14th Street to the Collins Canal, and Lincoln Court from Lincoln Road to the canal, according to the city’s project page. It includes new storm drains, a pump and filter system that discharges into Biscayne Bay, new water and sewer lines, and raised roads. The city lists Ric-Man Construction FL as the design-build contractor and the total budget at about $100.2 million.

When Ric-Man signed on roughly a decade ago, construction was to start in December 2017 and finish in August 2019, the Herald reported. The estimate is now early 2029. The city’s page says work is active on Segments 2 and 3, around Lincoln Road, West Avenue, 16th Street and the Lincoln Court and Bay Road street ends, with those segments expected to be substantially done in spring 2027. Road raising on Lincoln Court north of Lincoln Road was scheduled to start this week.

What’s next

The project page also lists an Oct. 12 email to residents titled with a reference to “potential legal action.” Commissioner Alex J. Fernandez is leading an on-site walkthrough of the project on Wednesday, Nov. 4, at 11 a.m., starting at the corner of Lincoln Road and Alton Road next to the Citizen M hotel, according to the city’s Oct. 30 newsletter. The city asks attendees to wear closed-toed shoes. A virtual update meeting follows on Nov. 19 at 11 a.m.