North Texas Tollway Authority vs. Prairie Link Constructors JV, et al

Case Background

On September 30, 2022, Plaintiff North Texas Tollway Authority filed a breach of contract lawsuit involving construction issues in the Texas District Court, Dallas County (Case number: DC-22-13917). Judge Aiesha Redmond presided over this case.

Cause

The North Texas Tollway Authority (NTTA) filed a lawsuit against Prairie Link Constructors JV, Fluor Enterprises, Inc., and Balfour Beatty Infrastructure, Inc. for their roles as the “Design-Builder” of the President George Bush Turnpike (PGBT) Western Extension Project. NTTA alleged that the defendants improperly designed, constructed, and managed 96 Mechanically Stabilized Earth (MSE) retaining walls. On September 21, 2020, one of these retaining walls, identified as Wall W161L213, failed. NTTA also observed signs of distress in other retaining walls.

Forensic analysis revealed systemic deficiencies in the MSE walls. These issues stemmed from negligence in design and construction, compromising their safety and stability. The defendants allegedly miscalculated soil conditions and used improper fill materials, leading to instability and premature failures. The construction case highlighted their failure to meet industry standards.

Injuries

The retaining wall failure on the PGBT caused severe structural distress and posed a significant safety hazard to road users. NTTA determined that the failure resulted from sliding instability, incorrect soil strength assumptions, and improper design methodologies. The compromised structural integrity of the retaining walls made them incapable of serving their intended purpose.

The failure also created risks of future collapses, shortening the lifespan of the walls. NTTA had to intervene immediately to stabilize the structures and prevent further injuries or property damage. This construction case showcased the consequences of the defendants’ actions and their breach of contract.

Damages

NTTA suffered damages exceeding $1 million to repair, remediate, and stabilize the defective retaining walls. Extensive engineering analysis and construction repairs were required to address the deficiencies. NTTA also incurred significant costs to redesign the walls and bring them up to contractual standards.

The retaining walls failed to meet the required factors of safety and fell short of their intended 100-year lifespan. This breach of contract imposed substantial financial and operational burdens on NTTA. Legal fees, replacement expenses, and remediation efforts underscored the scale of the construction case.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): North Texas Tollway Authority
    • Counsel for Plaintiff: Lisa Blue | Michael L. Kaeske | Jonathan Nockels
  • Defendant(s): Prairie Link Constructors JV | Fluor Enterprises, Inc. | Balfour Beatty Infrastructure, Inc.
    • Counsel for Defendants: Matthew C. Ryan | J. Paulo Flores | Jeffrey A. Ford | Matthew S. C. Moore | Jeffrey M. Tillotson

Claims

NTTA filed multiple claims against the defendants, including breach of contract, negligence, and negligent misrepresentation. The defendants failed to design and construct retaining walls that met minimum safety standards, violating their contractual obligations.

NTTA also accused the defendants of professional negligence. The defendants’ use of incorrect soil assumptions led to unstable structures. Additionally, the defendants misrepresented the integrity of the walls, causing NTTA to suffer financial and reputational harm. The construction case focused heavily on these claims, emphasizing their failure to meet critical safety and design requirements.

Defense

The defendants denied all allegations made by NTTA in this construction case. They argued that NTTA failed to meet contractual conditions, including providing required notices and using mediation before litigation. They also claimed that NTTA’s damages resulted from its own negligence or actions by third parties beyond the defendants’ control.

The defense invoked several arguments. They asserted that NTTA’s claims were barred by limitations and the Texas statute of repose. Additionally, they cited contributory negligence and comparative fault to reduce or eliminate liability. The defendants also alleged that NTTA failed to mitigate damages and disputed the validity of the certificates of merit included with the petition. Finally, they denied liability for damages categorized as betterment, arguing these costs were unrecoverable under the contract.

Jury Verdict

On November 25, 2024, a Dallas County jury awarded the North Texas Tollway Authority $280 million. The jury determined that Prairie Link Constructors JV breached their contract for work on the President George Bush Turnpike.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com