Commissioners find contractor in default, authorize lawsuit

Duval County’s Commissioners Court voted March 9 to notify general contractor McKinney Essention LLC that it is in default under an Energy Savings Performance Contracting Agreement and to terminate the contractor for what the court described as numerous construction defects the company refused to acknowledge.

The motion, made by Commissioner Marla M. Garza and seconded by Commissioner Pete A. Guerra, also authorized Brodeur Law Firm, P.C. on an hourly basis to file suit against McKinney Essention LLC, Sunland Group and any related parties for breach of contract and common negligence. The court recorded the motion as carried with all present members voting “Aye.”

County officials described the action as a response to construction defects that, in the county’s view, violated the contractor’s warranty that work be free from defects. The minutes state the contractor had been notified of the defects and ‘‘refused to acknowledge’’ them; the record does not include a response from McKinney Essention LLC or Sunland Group.

The court did not set a public timeline for litigation or list specific monetary claims in the minutes. The action instructs county counsel to proceed with filing and related legal steps. The county clerk signed the minutes; further public filings or court records will be needed to identify the specific legal claims and remedies the county will pursue.