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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION – IN ADMIRALTY 

IN RE SKANSKA USA CIVIL § 

SOUTHEAST INC. AND § ADMIRALTY RULE 9(H) 

SKANSKA USA, INC. AS OWNERS § 

OF THE BARGE KS 5531 § CIVIL ACTION NO. 

PRAYING FOR EXONERATION § 

FROM OR LIMITATION OF § 

LIABILITY § 

COMPLAINT FOR EXONERATION FROM OR LIMITATION OF 

LIABILITY OF SKANSKA USA CIVIL SOUTHEAST INC. 

AND SKANSKA USA, INC., AS OWNERS OF THE BARGE KS 5531 

 COME NOW, SKANSKA USA CIVIL SOUTHEAST INC. (“Skanska 

Southeast””) and SKANSKA USA, INC. (“Skanska USA”) (collectively herein, 

“Skanska”), as owners of the Barge KS 5531 (the “Vessel”) her gear, tackle, etc., in 

a cause of exoneration from or limitation of liability, under Rule 9(h) of the Federal 

Rules of Civil Procedure and Supplemental Rule F, and in support thereof would 

respectfully show the Court as follows: 

Jurisdiction and Venue 

1. This is a case of admiralty and maritime jurisdiction under 28 U.S.C. 

§1333 filed pursuant to Rule 9(h) of the Supplemental Rules, all as hereinafter more 

fully appears. 

2. Skanska Southeast at all times material hereto was the owner of the 

Vessel within the meaning of the Limitation of Liability Act. Through its wholly 

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owned subsidiary Skanska USA Civil, Inc., Skanska USA owns 100% of the stock 

of Skanska Southeast, and is therefore an owner of the Vessel within the meaning of 

the Limitation of Liability Act. Flink v. Paladini, 279 U.S. 59 (1929); In re 

Complaint of Shell Oil Company, 780 F.Supp. 1086, 1992 AMC 2062, 2070 (E.D. 

La. 1991). 

3. The Vessel has not been arrested or attached, and suit has been 

commenced against the vessel owner within this district. Accordingly, Skanska 

affirmatively shows that venue is proper in this district pursuant to Supplemental 

Rule F(9). 

4. This Complaint has been filed within six months from the date of the 

incident made the basis of this Complaint, and thus within six months of the first 

written notice of claim from any claimant for losses or damages that any person, 

firm, corporation or other entity claims to have sustained with respect to the matters 

described herein. 

Facts Giving Rise to Skanska’s Right to Exoneration from or Limitation of 

Liability 

5. The Vessel is a barge of approximately 120 feet in length, 55 feet wide 

and with a draft of seven feet. Prior to and at all times hereinafter described, Skanska 

Southeast exercised due diligence to make and maintain the Vessel in all respects 

seaworthy, and at all times material hereto she was, in fact, tight, staunch, strong, 

properly and efficiently manned, supplied, equipped and furnished, and well and 

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sufficiently fitted with suitable machinery, gear, tackle, apparel, appliances, and 

furniture, all in good order and condition and suitable for the service in which the 

Vessel was engaged. 

6. Skanska Southeast contracted with the Florida Department of 

Transportation to design and construct two new spans for the Pensacola Bay Bridge 

and to demolish the old bridge (“the Project”). The Vessel was being used by 

Skanska Southeast in connection with the Project. At the time of the storm, twoway traffic was open and flowing on only one of the two new spans under 

construction (the “New Bridge”). The demolition of the old bridge was on going 

such that it was no longer open to any vehicular traffic. 

 7. Despite Skanska Southeast taking all reasonable steps under the 

circumstances to secure the barges being used in connection with the Project, the 

unforeseeable and extreme winds, waves and storm surge associated with Hurricane 

Sally drove the Vessel into the New Bridge causing damage to the New Bridge and 

forcing its closure to vehicular traffic. A number of lawsuits have been filed alleging 

economic loss from the closure of the New Bridge. Any damage to the New Bridge 

and any alleged economic loss resulting from the closure of the New Bridge occurred 

without the “privity or knowledge” of Skanska within the meaning of the Limitation 

Act. 

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8. Skanska desires to contest any liability of it and the Vessel for the 

damage allegedly sustained by those affected by the events in question, and for any 

and all losses and damages, if any. Skanska claims exoneration from or limitation 

of liability for any damage, and damages sustained by those affected, and for the 

claims that have been made and those claims which hereafter may be made by any 

other person, firm, corporation or other entity. Skanska alleges that it has valid 

defenses on the facts and on the law to the claims of any present and/or future 

claimant. Skanska, without admitting but affirmatively denying all liability, further 

claims the benefit of Limitation of Liability as provided in 46 U.S.C.A., §§ 30501 

to 30512, inclusive, Supplemental Rule F, and any and all Acts of Congress of the 

United States amendatory thereof or supplementary thereto, and the rules of practice 

of this Honorable Court, and is entitled to have its liability, if any, limited to the 

amount or value of its interest in the Vessel following the events in question. 

Potential Claims against Skanska 

9. Except as stated in Paragraph 7 above, there are no known demands, 

unsatisfied liens or claims of lien, in contract or in tort, arising from the incident 

set forth above with respect to the Vessel, so far as known to Skanska. 

10. To the best of Skanska’s knowledge, the Vessel has not been arrested 

to answer for any claims arising with respect to the Vessel’s involvement in the 

incident described above, or at any other time. 

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11. As per the Unsworn Declaration under Penalty of Perjury of Claudio 

Crivici attached as Exhibit “A,” the value of the Vessel is Five Hundred Fifty 

Thousand and No One Hundredths Dollars ($550,000.00). As per the Unsworn 

Declaration under Penalty of Perjury of Thomas J. Fulton attached as Exhibit “B,” 

there is no pending freight. Accordingly, the entire aggregate amount or value of 

Skanska’s interest in the Vessel and her then pending freight does not exceed the 

sum of Five Hundred Fifty Thousand and No One Hundredths Dollars 

($550,000.00). Attached hereto as Exhibit “C” is a bond in the amount of Five 

Hundred Fifty Thousand, Five Hundred and No One Hundredths Dollars 

($550,500.00) bearing interest at the rate of six percent per annum from the date of 

issuance as security for Skanska’s potential liability to claimants and for costs as 

required by Supplemental Rule F(1) and Local Admiralty Rule E(4). 

12. The amount of the aforesaid claims referred to in Paragraph 7 herein 

potentially exceeds the amount and value of Skanska’s interest in the Vessel 

immediately after the events in question. 

13. If it later appears that Skanska is or may be liable and the amount or 

value of Skanska’s interest in the said Vessel, as aforesaid, is not sufficient to pay 

all losses in full, then claimants shall share pro rata in the aforesaid sum, saving to 

claimants any rights to priority they may have as ordered by this Honorable Court. 

 WHEREFORE, PREMISES CONSIDERED, Skanska prays: 

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(A) That the Court issue an order approving the posted bond as security 

required by Supplemental Rule F(1); 

(B) That the Court make an Order directing the issuance of a Notice to all 

persons, firms, corporations or other entities who might have any claim arising out 

of the involvement of the Vessel as set forth herein, citing them to file their claims 

with the Clerk of this Court and to serve a copy of said claims upon the attorneys for 

Skanska on or before the time fixed by the Court in the Notice or be forever barred 

and permanently enjoined from making and filing any such claims, to make due 

proof of their respective claims before this Court as the Court may later direct, and 

also to appear and answer the allegations of this Complaint and Petition at or before 

a certain time to be fixed by the Notice; 

(C) That upon the approval of the bond tendered as security or upon the 

giving of such security as may be determined by the Court to be proper, all claims 

and proceedings against Skanska or Skanska’s property with respect to this matter 

shall cease; 

(D) That the Court issue an injunction enjoining the further prosecution of 

any action or proceeding against Skanska or Skanska’s property with respect to any 

claim subject to limitation in this action; 

(E) That the Court in this proceeding adjudge: 

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 (i) That Skanska is not liable to any extent for any loss, injuries or 

damages of any party in any way arising out of, during, or consequent upon the 

aforesaid occurrence(s), and that therefore the Vessel and Skanska are exonerated 

from any and all liability which has been or may be claimed as a result of the events 

in question; or, 

 (ii) Alternatively, if Skanska shall be adjudged liable, then that such 

liability be limited to the amount or value of Skanska’s interest in the Vessel, her 

engines, tackle, gear, and apparel, and that the money paid or secured to be paid as 

aforesaid be divided pro rata among such claimants as they may duly prove their 

claims before this Court, saving to all parties any priorities to which they may be 

legally entitled, and that a decree may be entered discharging Owner from all further 

liability. 

 (F) That Skanska has such other and further relief, both at admiralty and in 

equity, to which it may show itself to be justly entitled. 

Respectfully submitted, 

/s/ Kenneth H. Tribuch 

KENNETH H. TRIBUCH 

Florida Bar No. 986887 

CHAFFE MCCALL, LLP 

801 Travis, Suite 1910 

Houston, Texas 77002 

Telephone: (713) 546-9800 

Facsimile: (713) 546-9806 

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AND 

JEREMY C. BRANNING 

Florida Bar No. 507016 

SCOTT A. REMINGTON 

Florida Bar No. 122483 

DANIEL E. HARRELL 

Florida Bar No. 105222 

CLARK PARTINGTON

P.O. Box 13010 

Pensacola, FL 32591-3010 

Telephone: (850) 434-9200 

Facsimile: (850) 432-7340 

 OF COUNSEL 

 Harold. K. Watson, Esq. 

Derek A. Walker, Esq. 

Charles P. Blanchard, Esq. 

Jon W. Wise, Esq. 

CHAFFE MCCALL, LLP 

(Pro Hace Vice Motions to be filed) 

Attorneys for Defendants, Skanska USA 

 Civil Southeast Inc. and Skanska USA, 

 Inc. 

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