Miami judgment hits Dominican Republic for $50M

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AlterEgo

AlterEgo

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Miami judgment hits Dominican Republic for $50M

<dt style="margin: 0px 0px 3px; padding: 0px; border: 0px; outline: 0px; font-size: 12px; vertical-align: baseline; font-weight: bold; line-height: 15px; color: rgb(36, 36, 36); font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Paul Brinkmann</dt><dd style="margin: 3px 0px; padding: 0px; border: 0px; outline: 0px; font-size: 12px; vertical-align: baseline; line-height: 15px; color: rgb(36, 36, 36); font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif;">Reporter-South Florida Business Journal</dd>Two South Florida companies have won a $50 million foreign judgment against a government agency of the Dominican Republic over a canceled contract to build an irrigation system.

U.S. District Judge Cecilia Altonaga signed the judgment on Monday in Miami federal court. The rare foreign judgment was registered in default after the DR agency failed to respond to formal notice of the lawsuit, according to Altonaga’s order.

The suit, filed in February, alleged that a team of Miami architects and developers were owed millions because of the canceled contract.

The plaintiffs are Coral Gables-based Architectural Ingenieria Siglo (AIS) and Pembroke Pines-based Sun Land & RGITC LLC.

The defendant is the National Institute of Hydraulic Resources in the Dominican Republic.
The Business Journal contacted the Dominican Republic embassy in Washington D.C., which provided a short statement via email: "The embassy has no comment regarding the judgment."

Asked why the Dominican Republic never responded to the lawsuit, plaintiffs attorneyTucker Byrd said, “When its true, there’s nothing you can do.”

AIS was awarded $21.5 million for unpaid invoices, lost profits, delay, taxes and prejudgment interest.

Sun Land was awarded $28.6 million for lost revenues, delay and prejudgment interest.
The suit alleged that the DR agency awarded the project to a Brazilian firm after AIS had already invested in it.

Miami judgment hits Dominican Republic for $50M - South Florida Business Journal
 
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C

Chirimoya

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Thursday's DR1 News:
Government has to pay US$50 million
Two South Florida companies have won a US$50 million judgment against the governmental National Institute of Hydraulic Resources of the Dominican Republic over a canceled contract to build an irrigation system.
The judgment was signed on Monday 10 June in a Miami federal court. The rare foreign judgment was registered in default after the DR agency failed to respond to formal notice of the lawsuit. The suit, filed in February, alleged that a team of Miami architects and developers were owed millions because of the canceled contract.
The plaintiffs are Coral Gables-based Architectural Ingenieria Siglo (AIS) and Pembroke Pines-based Sun Land & RGITC LLC.
The Business Journal contacted the Dominican Republic Embassy in Washington D.C., which provided a short statement via email: "The embassy has no comment regarding the judgment."
Asked why the Dominican Republic never responded to the lawsuit, the plaintiffs' attorney said, "When it's true, there's nothing you can do."
AIS was awarded US$21.5 million for unpaid invoices, lost profits, delay, taxes and prejudgment interest.
Sun Land was awarded US$28.6 million for lost revenues, delay and prejudgment interest.
The suit alleged that the DR agency awarded the project to a Brazilian firm after AIS had already invested in it.
Miami judgment hits Dominican Republic for $50M - South Florida Business Journal
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D

donluis99

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and how will they be complied to comply?

is there some treaty a U.S. court jurisdiction over a DR entity?
 
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JohnnyBoy

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Good luck collecting. My buddy got a ten mil judgement against one of the resorts he never saw a dime out of it. Lost his eye to boot.
 
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rubio_higuey

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Also, you may find theis interesting, donluis


In the United States, the federal courts have recognized an important mechanism for acquiring jurisdiction over foreign defendants known as the effects doctrine. The effects doctrine is an off-shoot of the territorial principle. Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v. Aluminum Company of America, 148 F.2d 416 (2d Cir. 1945) (Learned Hand, J.).
 
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rubio_higuey

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JohnnyBoy said:
Good luck collecting. My buddy got a ten mil judgement against one of the resorts he never saw a dime out of it. Lost his eye to boot.
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You can seize their assets. Most of the resorts have bank accounts in Miami, and most of them are held with Sabadell.
 
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playacaribe2

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rubio_higuey said:
Also, you may find theis interesting, donluis


In the United States, the federal courts have recognized an important mechanism for acquiring jurisdiction over foreign defendants known as the effects doctrine. The effects doctrine is an off-shoot of the territorial principle. Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v. Aluminum Company of America, 148 F.2d 416 (2d Cir. 1945) (Learned Hand, J.).
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Acquiring jurisdiction, whether in rem, in personam, via long arm statutes, or the effects doctrine, while helpful, still does not get a judgment satisfied.

In the instant case above, judgment was gained not on the merits, but rather on the defendant(s) failing to answer the complaint or otherwise. Even the theory of recognition requires a judgment on the merits of a case...not on failed procedure.

Since this was a civil matter, if the company is to ever collect a dime, they will have to do it via the backchannel, state department, etc. Bad publicity or anything that might affect the governments pocketbook usually is the most successful method to collect. It is not via the legal system.

For an interesting criminal read involving the effects doctrine, jurisdiction, etc., see United States v. Roberts. http://www.leagle.com/decision-result/?xmldoc/19986021FSupp2d601_1520.xml/docbase/CSLWAR2-1986-2006



Respectfully,
Playacaribe2
 
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bachata

bachata

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the gorgon said:
time for PICHARDO to chime in and remind us that there are corrupt politicians everywhere
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They won't pay, PLD hasn't pay millions of $ RD to local contractor that already complited their contracts during the past 15 years...
Roads, bridges Etc, etc...

JJ
 
R

rice&beans

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May 16, 2010
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rubio_higuey said:
Also, you may find theis interesting, donluis


In the United States, the federal courts have recognized an important mechanism for acquiring jurisdiction over foreign defendants known as the effects doctrine. The effects doctrine is an off-shoot of the territorial principle. Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v. Aluminum Company of America, 148 F.2d 416 (2d Cir. 1945) (Learned Hand, J.).
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Nice precedent........


Your hired........
 
PICHARDO

PICHARDO

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May 15, 2003
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The DR didn't even care to send a lawyer because this is a nothing happens-type of case.

The gov can take the next 100 years to pay the court ordered amounts to the plaintiffs.
 
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the gorgon

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PICHARDO said:
The DR didn't even care to send a lawyer because this is a nothing happens-type of case.

The gov can take the next 100 years to pay the court ordered amounts to the plaintiffs.
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they did not bother to send a lawyer because they scammed the money, and have no intention of paying back a dime. jeepetas aplenty for the boys, and their concubines.
 
C

Criss Colon

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Jan 2, 2002
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Years ago, the Miami Chamber of Commerce labeled the DR as the WORST place to do business in Latin America.
They said that the DR changes the rules of the game, after the game has started, and the inability to enforce contracts.
Hello Barrick Gold!!!!!!!!!!!!!!!!!!!!!!!!!!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
 
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the gorgon

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Sep 16, 2010
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Criss Colon said:
Years ago, the Miami Chamber of Commerce labeled the DR as the WORST place to do business in Latin America.
They said that the DR changes the rules of the game, after the game has started, and the inability to enforce contracts.
Hello Barrick Gold!!!!!!!!!!!!!!!!!!!!!!!!!!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
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that is why the members of Caricom do not want them as a full member.
 
J

JohnnyBoy

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Jun 17, 2012
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Yeah good luck on them getting thier money. Theyre probably a bunch of Dominicans doing business out of Miami who forgot to include some goodwill bribes LOL Most Florida companies are friggin crooks too.
 
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playacaribe2

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Jan 9, 2004
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Thatoneguy said:
Anybody who plays by the rules of some global body of governance is a fool. The Dominicans know this.
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Of course they do....and that is why they are where they are today. You cannot send your Ministers out in front of the press and and tout your adherence to the rule of law and expect serious investors to believe you.....after the countless press reports on a rigged justice system and a failure by both business and government to adhere to any semblance of contractual obligations.


Respectfully,
Playacaribe2
 
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