Suit filed in disputed Sarasota rowing-park dredging case
UNIVERSITY PARK -- A Missouri dredging company has filed a lawsuit against Benderson Development Co., claiming it hasn't paid for work completed at Sarasota County's Nathan Benderson Park.
Dredge America Inc., a Kansas City, Mo.-based company, filled a lawsuit against Benderson Development Co. LLC on Jan. 28 in Jackson County, Mo. According to the lawsuit, Dredge America claims Benderson Development owes $529,490.97 for work completed at Benderson Park.
The company is also seeking an additional $500,000 due to "significant delays and additional expense Dredge incurred as a result of the presence of concealed rock in the lake bed. ... The precise amount of Benderson's indebtedness for additional sums in connection with concealed rock will be determined by Dredge's proof at trial."
Dredge America officials said the company dredged 317,753 cubic yards of material at the park in 2012, but Benderson Development has not yet paid the bill for some of the dredging work. Benderson Development and Dredge America entered into a "Standard Contract for Site Construction" in May 2012 for $1.646 million worth of work, according to the lawsuit.
Todd Mathes, director of development at Benderson Development, said the claim is baseless.
"Dredge America was paid in excess of $1.6 million for the work it performed," Mathes said Tuesday. "The amount in dispute concerns work which we believe was either not performed or was improperly performed. This is our issue to resolve with Dredge America and will have absolutely no impact on Sarasota County."
Disagreement over work
Asked to elaborate on the work completed and quality of the work, Mathes said in an email, "Dredge America failed to deliver dredged material to the island, which was constructed in the lake. In other words, they either didn't perform the work or they lost the material attempting to perform the work. In either event, the work was not performed within the scope of the contract."
A Dredge America invoice dated Nov. 18, 2013, stated the amount was more than "90 days past due."
Dredge America Inc. is represented by company attorney Bruce Moothart, a member in the firm of Seyferth Blumenthal & Harris LLC in Kansas City. According to the lawsuit, Benderson Development previously had a St. Louis address and still has "significant ownership interests in major real-estate holdings in the state of Missouri."
In December, Moothart said confidential mediation was unsuccessful, and the company believes "the claim is valid and should be paid."
Day of mediation
On Nov. 26, Dredge America representatives met with Benderson Development officials in Sarasota for a full day of mediation.
Dredging was required to create Regatta Island, home of park operations and Suncoast Aquatic Nature Center Associates Inc., the nonprofit that runs the park.
The dredging was also necessary so the park could meet the minimum standards for international rowing competitions, according to a July 2012 news release from Sarasota County titled "Nathan Benderson Park boat ramp to close during dredging."
A case management conference is scheduled for May 18 in Kansas City.
Claire Aronson, University Parkway/Sarasota reporter, can be reached at 941-745-7024 or at caronson@bradenton.com. Follow her on Twitter @Claire_Aronson.
This story was originally published February 4, 2015 at 12:00 AM with the headline "Suit filed in disputed Sarasota rowing-park dredging case."