Judge Grants Injunction to Protect Construction Jobs
5/21/2008
History of Action (Part 2 of 3)

N E W S

-Federal Court ruling helps protect Florida’s economy and prevent layoffs-

MIAMI -- A federal judge granted a temporary injunction today against Miami-Dade County to halt the enforcement of a new crane ordinance that experts argue is highly flawed and would bring commercial construction in the county to a halt. The injunction, which was requested by a coalition of contractors and crane owners, will protect the jobs of thousands of workers in Miami-Dade while the court hears the lawsuit and considers a final decision.

“Had we failed to win this injunction, Miami-Dade County could have suspended nearly all commercial construction in the county, tearing millions of dollars and thousands of jobs out of South Florida’s struggling economy,” said Peter Dyga, vice president of government affairs for the East Coast Chapter of the Associated Builders and Contractors of Florida. “We are very pleased that the judge has recognized that the County may not have followed proper federal procedure in drafting its current crane ordinance, and that the commercial construction industry cannot function under this flawed policy.”

Associated Builders and Contractors Inc., South Florida Associated General Contractors, the Construction Association and the Florida Crane Owners Council filed the federal lawsuit on May 1. During last week’s hearing, a federal judge heard testimony from former U.S. Assistant Secretary of Labor Bruce Swanson as well as Larry Shapiro, an engineer considered by many to be world’s leading crane expert. These experts testified that if the ordinance were upheld, the commercial construction industry in Miami-Dade County would grind to a halt.

Under Miami-Dade’s current ordinance, absolutely none of the 200 tower cranes in use at the County’s active construction sites would meet standards. Manufacturers of tower cranes would have to create special versions of their products to meet Miami-Dade codes – a process that could halt all work at construction sites for months or even years.

“If the County’s current policy remains in force, thousands of South Florida workers will lose their jobs and every commercial construction project in Miami will fall desperately behind schedule,” said Bruce Whitten, chair of the Florida Crane Council. “I don’t think anyone wants to hear such bad news during this already tough period in our economy.”

Commercial construction has been a bright spot in an otherwise dark South Florida real estate and development market. Florida’s construction industry is a multi-billion dollar business, and there is currently an estimated $6 billion in commercial property under construction today in Miami.

But before the federal injunction, Miami-Dade County had already begun to identify businesses in non-compliance with the crane ordinance, and could have begun to shut down construction sites any day.

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