Sarasota County pulled into Benderson lawsuit

Sarasota County has been pulled into the legal fight between Benderson Development Co. and a dredging contractor that claims it was never paid for more than $529,000 of work at Nathan Benderson Park.

Dredge America has filed a lawsuit in the U.S. District Court for the Middle District of Florida against the county and Benderson asking to be compensated for the unpaid work and an additional $500,000 the firm said it incurred due to delays and costs of the presence of concealed rock in the lake bed of the rowing park, according to the complaint.

The firm's counsel has accused the two parties of  breach of contract, violation of the Florida Local Government Prompt Pay Act and breach of the implied covenant of good faith and fair dealing, and requested a jury trial to decide the outcome of the $1 million case.

The latest legal action comes two weeks after Benderson won a motion to dismiss a similar lawsuit Dredge America filed in Jackson County, Mo.

"As we previously stated, there does remain a dispute between Dredge America and our company about the scope of work performed by Dredge America," said Benderson Director of Development Todd Mathes.

Dredge America alleges that the county, which owns the park and funded improvements to turn the former borrow pit into a world-class rowing venue, paid Benderson for work that it performed, but the developer "wrongfully withheld" the payment.

“As a consequence of its failure to obtain from Benderson the required payment and performance bond, the county is likewise liable to Dredge for such damages, interest and other relief,” the complaint states.

County spokesman Jason Bartolone said it was standard procedure for the county to refrain from comment on ongoing litigation.

"Now that Dredge America has retained local counsel it seems more likely that we will be able to have a productive discussion and resolve that dispute," Mathes said. "Regardless, Benderson Development will absolutely ensure that the County is held harmless."