Port Commission discloses settlement with Vortex Marine Construction over Pier 43 contract claim

The Port Commission disclosed in open session that it unanimously approved a settlement of a contract claim by Vortex Marine Construction related to alleged differing site conditions encountered during pile‑driving work on the Pier 43 Bay Trail Link project.

The disclosure was announced after commissioners reconvened from a closed session that the commission said had covered "conference with legal counsel and real property negotiator" and "anticipated litigation matters." A commissioner stated that the commission "unanimously voted to approve the proposed settlement of the contract claim filed by Vortex Marine Construction for compensation due to alleged differing site conditions for pile driving for Pier 43 Bay Trail Link project as described in agenda item 4A2A" and moved to disclose that action. The motion to disclose was seconded and the commission voted in favor.

The commission also said it would not disclose other matters discussed in the closed session. No other settlement terms, such as a dollar amount or payment schedule, were disclosed during open session.

Commission meeting minutes indicate the vote to disclose and approve the settlement followed the legally permitted procedures for discussing litigation in closed session; the commission did not provide further public comment on the underlying claim or any potential operational consequences for Pier 43.

The commission proceeded to other agenda items after the disclosure, including the executive director's report and several procurement presentations. The commission then returned to closed session later in the meeting and subsequently moved to not disclose the content of that later closed session.