The settlement resolves litigation involving the original, and now removed, road embankments for the Indian River Inlet Bridge, which was begun under a prior administration. The lawsuit was scheduled for a 12-week trial beginning in May 2014.
The resolution, which arose out of voluntary mediation among the parties, requires the payment of US$5.25 million to the state. The funds must be applied to transportation projects for which federal funds may be used.
Both Mactec and Figg deny responsibility. DelDOT, Mactec and Figg all had highly regarded experts prepared to testify in support of their claims and defences but the uncertainties of litigation led to the compromise reached to resolve the litigation.
"This settlement allows DelDOT to receive more than $5 million for Delaware's taxpayers now, while avoiding the burdens and uncertainty of a lengthy trial involving complex geotechnical engineering issues next spring," said DelDOT cabinet secretary Shailen Bhatt. "This was a challenging case with strengths and weaknesses on all sides. I believe the settlement provides a reasonable resolution to this matter, and I look forward to applying the proceeds to help meet Delaware's transportation needs."
