Phillip and Patricia Frost Museum of Science, 1101 Biscayne Blvd, Miami. Photo: J. Albert Diaz/ALM

A dispute between Miami's Frost Museum of Science and its masonry contractor over construction bills has been dismissed following a settlement.

Miramar-based Formrite Construction LLC and Museum of Science Inc., the parent of the bayfront Phillip and Patricia Frost Museum of Science, were set for trial in late 2018. Formrite claimed it was owed $140,947 for work and materials, according to court filings. For its part, the museum claimed it overpaid and was owed $9,053.

The two sides reached a confidential settlement to end the litigation, and the science museum's chief was tight-lipped about the outcome.

“The matter was dismissed, which included a monetary payment to the museum. We are pleased with the favorable outcome of the case,” Frank Steslow, museum president and CEO, said in an emailed statement.

Formrite president Antonio Obregon didn't return emails requesting comment by deadline.

Miami-Dade Circuit Judge William Thomas on Dec. 10 approved a joint stipulation for dismissal and dismissed the case with prejudice. The court is to enforce the settlement conditions, and each side is to bear its own attorneys fees, according to the stipulation.

Formrite's attorney, The Barthet Firm principal Alex Barthet in Miami, said the lawsuit was dismissed following a private settlement. Smith, Currie and Hancock partners Joseph Young and Brian Wolf in Fort Lauderdale represented the museum. Wolf declined comment.

Formrite was hired under a $1.45 million contract signed in 2013 for two segments of work to be completed by January 2014, Formrite said in its lawsuit.

Others including architects and engineers provided project designs and revisions that had mistakes and were missing information, according to Formrite's second amended complaint.

Formrite crews also were denied access to some work areas, causing work delays and continually altering its project schedule, the complaint said.

The small company “was forced to try its best just to adjust and survive,” according to the lawsuit. “Formrite was forced to remove manpower from other jobs, turn down other jobs, and often had men and resources mobilized to the project that were left sitting idle and unable to work.”

The company sued in 2016 — shortly after the museum wrote Formrite to say it breached its subcontract because it didn't meet the project schedule and didn't work promptly and diligently on the project.

The museum opened in May 2017 at downtown Miami's Maurice A. Ferre Park, sharing space with the Perez Art Museum Miami, which opened in 2013.

“Formrite has not mobilized to complete its scope of work, and its failure to perform is delaying the completion of the project. Time is of the essence, and Formrite's failure to remobilize and failure to meet the project schedule constitutes a material breach of the subcontract,” Steslow, the museum's president, said in the letter.

In a motion for partial summary judgment, the museum said it paid Formrite $150,000 in 2015, or $9,053 more than Formrite claimed.

Formrite's contract originally was with the museum's original general contractor, Suffolk Construction Co. Inc. After Suffolk's contract was terminated, Formrite's contract was reassigned to the museum. The museum said it gave $150,000 to Formrite “solely as a business accommodation” with the understanding that the museum could get this money back if Formrite failed to meet conditions, the motion said.

Conditions included signing a subcontract with the new GC, Skanska USA Building Inc., and refunding any difference on the advance, which Formrite didn't do, according to the filing.

Obregon said Skanska wouldn't sign but Formrite kept doing its work.

The first complaint named Rodriguez and Quiroga Architects Chartered and Fraga Engineers LLC as defendants, and Grimshaw Architects P.C. and DDA Engineers P.A. were added in the second amended complaint. Formrite listed negligence counts against them.

Fraga Engineers said its job didn't include the supervision and guidance of Formrite. DDA Engineers made a similar argument, saying its duties and responsibilities were only to Rodriguez and Quiroga architects. Grimshaw said it neither supervised nor generated final drawings that would make it liable to Formrite.

For their part, Rodriguez and Quiroga denied the allegations. They also said Formrite's contract prevented them from levying a claim against a project architect for damages due to work delays or over issues arising out of a contractor-subcontractor relationship.

Cole, Scott & Kissane partners George R. Truitt Jr. in Miami, John Chiocca in West Palm Beach and Ryan Charlson in Fort Lauderdale represented Rodriguez and Quiroga.

Daniels, Rodriguez, Berkeley, Daniels & Cruz partner Richard Daniels in Miami and partner Jose Rodriguez in Fort Lauderdale represented Fraga Engineers.

Walton Lantaff Schroeder & Carson partners James Armstrong and Emily Smith in Miami represented DDA Engineers.

Bennett Legal Group founding partner Brian Bennett and partner Brett Marlowe in Orlando represented Grimshaw Architects.

The attorneys didn't return requests for comment by deadline.

Formrite voluntarily dropped all four contractors from the lawsuit last March.

Formrite filed a construction lien against the museum for the allegedly owed funds. It also listed an unjust enrichment count against the museum, but the judge granted the museum's motion for summary judgment on that count.