Electronic Transaction Consultants Corporation v. Miami-Dade County Expressway Authority

DisputeSoft was engaged by the software surety Insurance Company of Southern Pennsylvania, a division of AIG, in the matter of Electronic Transaction Consultants Corporation vs. Miami-Dade County Expressway Authority in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No. 12-46272CA10.

Plaintiff Electronic Transaction Consultants Corporation (ETCC) was under contract by defendant Miami-Dade County Expressway Authority to develop and implement software that would electronically process transponder and license plate capture transactions, provide invoices and violation notices to motorists, and provide Universal Traffic Citation (UTC) data to county courts in support of toll revenue collections. The county alleged that the software was delivered late and contained material defects, and it terminated the contract for cause. Insurance Company of Southern Pennsylvania had underwritten the performance bond for the development and maintenance of a network of Open-Road Toll (ORT) expressways in Miami-Dade County, and the county now made claims under the performance bond.

DisputeSoft analyzed project documentation, interviewed fact witnesses from both parties, and applied applicable industry standards to investigate the factual basis, materiality, and strength of each side’s claims and defenses. Based in part on our analysis, Insurance Company of Southern Pennsylvania determined that the county had improperly terminated the contract, thus the surety elected to deny the county’s claims under the performance bond. Subsequent to our involvement, ETCC prevailed in its lawsuit, though the county may appeal the decision.

Surety investigation expert Todd Trivett worked on this case.

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