VLP Lawyers Achieve $53 Million Judgment for Technology Client
After five years of litigation, VLP client Electronic Transactions Consultants Corporation was awarded a judgment of $53,298,717.27 against the Miami–Dade County Expressway Authority, with which ETC contracted to develop and implement a backoffice software system for an all-electronic, open-road toll system. That amount represents approximately 85% of the total claim. The judgment followed a three-week trial conducted by VLP partners Mike Piscitelli and Brad Copenhaver. Miami–Dade Judge William Thomas found that MDX materially breached the contract, materially breached the implied covenant of good faith and fair dealing, and wrongfully terminated ETC. Judge Thomas also denied MDX any recovery on its counterclaim and determined that ETC was the prevailing party and, as such, was entitled to recover its attorneys’ fees and costs from MDX. This result vindicates ETC’s contention throughout performance of the contract that MDX was interfering with its ability to perform by, among other things, untimely changing the requirements, failing to approve the design, and failing to accord ETC the design freeze it required and contracted for to develop and implement its backoffice software system.