Two years after the epic Florida rainfall, the lawsuit accuses businesses of negligence

We condemn Mother Nature for the spectacular storm that flooded Fort Lauderdale two years ago.

But several residents of River Oaks and Edgewood, two areas that were hit hardest by the massive flood, claim that someone else is responsible. The contractors and engineering companies hired in Fort Lauderdale oversee drainage upgrades to both neighborhoods.

The upgrade required the removal of existing stormwater drainage systems, but the contractor was unable to provide a temporary solution to protect against flooding, according to one lawsuit in each neighborhood.

Lisa Whitt, the first plaintiff listed in the Oaks River lawsuit, was one of hundreds of residents whose homes were damaged by floods when the storm dumped about 26 inches of rain in Fort Lauderdale on April 12, 2023.

Over the next few days, Whitt and her neighbors said they suspected that the drainage work had made the situation even worse.

Hoyt declined to comment and referred to the question of how he was handling the lawsuit with a Dallas-based law firm.

The two cases were filed in Broward Circuit Court on March 28th. Both seek class action status and millions of damages, according to Burns Charest LLP’s attorney Larry Vincent.

“Most contractors know that while they’re working while they’re replacing their storm drainage systems, they need a temporary system,” Vincent told the South Florida Sun Sentinel. Construction companies Ric-Man Construction and David Mancini & Sons have yet to respond to the lawsuit’s allegations.

Three defendants are listed in the River Oaks case. Ric-Man Construction. Hazen and Sawyer. Craven, Thompson & Associates. The Edgewood lawsuit lists two defendants, Hazen, Sawyer and David Mancini & Sons.

Tom McDonald, president of Thompson & Associates Engineering Company Craven, said the company has not yet served.

Despite attempts by Sun Sentinel, other companies listed as defendants could not be contacted for comment.

The city that hired the company is not listed as a defendant. “Through the contract, the city handed over all liability to the accused,” Vincent said.

The Oaks River lawsuit alleges that Rickman’s construction and engineering firm Hazen, Sawyer and Craven were neglecting to protect their neighborhood from flooding when the storm hit on April 12, 2023.

“The storm caused extensive flooding and property damage in hundreds of homes due to lack of sufficient temporary stormwater management solutions during ongoing construction in the Oaks River area,” the lawsuit states.

Fort Lauderdale hired Hazen and Sawyer to study chronic flooding issues in the river Oaks and six other areas, the lawsuit says. Hazen was responsible for citywide stormwater modeling and data collection, and designing improvements to the stormwater management system. Craven, Thompson & Associates Inc. also participated in the River Oaks stormwater upgrade design effort.

“Despite knowledge of the issue of chronic flooding in River Oaks in Hazen and Craven and vulnerability to large-scale floods facing the event of a major storm, the stormwater improvement project plan failed to include sufficient temporary drainage measures to mitigate the foreseeable risk of river oaks due to rainfall or other bad weather during the project over the years,” the complaint states.

Fort Lauderdale hired Rickman Construction to provide construction services at River Oaks.

The lawsuit alleges that Ric-Man failed to take appropriate measures to mitigate flood risk in the river oaks despite contractual provisions requiring the preservation and protection of property adjacent to the work site.

“The damage caused by the Oaks River flood was a foreseeable result of the actions taken by Hazen, Craven and Rickman. The inability to request or provide temporary drainage systems during construction, coupled with the removal of existing stormwater infrastructure, has resulted in significant property damage that could be mitigated.

By February 2023, Ric-Man Construction Crews had installed new storm drainage structures and had plumbed along several streets around the Oaks River. These streets in the nearby southern part represent areas that Hazen and Craven previously recognized, particularly susceptible to chronic flooding, the lawsuit says.

Nevertheless, Hazen, Craven and Rickman were unable to provide temporary solutions to mitigate flood risk, according to the lawsuit.

Hundreds of homes on the Oaks River were flooded when the storm struck.

Plaintiffs say their homes are suffering serious damage. Floods ruined appliances, plumbing and electrical systems, causing structural and cosmetic damage, mold and mold, and contamination.

“However, the plaintiff’s property would not have been flooded, damaged, destroyed and/or reduced by flooding, as the defendant failed to design and construct appropriate temporary storm drainage during the construction period,” the Oaks River lawsuit alleges.

Edgewood’s lawsuit accuses Hazen, Sawyer, David Mancini and his negligent son.

A study by Hazen, an external city contractor, confirmed that the risk of flooding in Edgewood is high due to insufficient existing stormwater systems. However, their stormwater improvement project plan failed to include sufficient temporary drainage measures to mitigate the foreseeable risk of flooding in Edgewood due to rainfall or other bad weather during the project over the years, according to the lawsuit.

Construction began in January 2022.

David Mancini & Sons, hired to handle the construction, failed to take appropriate measures to mitigate the risk of flooding in Edgewood, despite contractual provisions requiring the preservation and protection of property adjacent to the work site, the lawsuit alleges.

“The damage caused by the floods in Edgewood was a foreseeable result of the actions Hazen and Mancini took,” the lawsuit says. “The failure to request or provide a temporary drainage system during construction has resulted in significant property damage that could be mitigated, coupled with the removal of existing stormwater infrastructure.”

The lawsuit alleges that the defendant created a foreseeable risk of flooding by designing and constructing a project that required the removal of existing stormwater infrastructure during the construction phase without providing sufficient temporary stormwater management solutions during ongoing construction.

“Following the approved plans for Hazen’s project, Mancini’s crew removed existing pipes and structures and replaced them with new infrastructure,” Suit said. “However, Mancini did not let the new pipe work after installation. Mancini stopped the new pipe and did not protect the rainfall for Edgewood residents and property owners.”