SkyRise Miami developer settles lawsuit with theme park company over $1M refund

Jeff Berkowitz’s firm resolved dispute with Dynamic Attractions within days of filing complaint

Miami /
Oct.October 27, 2021 01:25 PM
SkyRise Miami developer settles lawsuit with theme park company over $1M refund

Rendering of SkyRise Miami and Jeff Berkowitz

A quickly settled lawsuit offered new details about the planning of SkyRise Miami and developer Jeff Berkowitz’s efforts to recoup some of the pre-construction expenses for the canceled project.

Over the summer, Berkowitz announced he scuttled the 1,000-foot observation tower that was going to be built next to Bayside Marketplace in downtown Miami. The tie-clip shaped attraction was marred by controversies, lawsuits and financial troubles since Berkowitz unveiled his plan in 2013.

On Monday, SkyRise Miami sued Dynamic Attractions, a Vancouver-based theme park builder, over a $1.3 million refund related to design plans for a theater component of the $430 million project. The theater’s construction cost was between $7.7 million to $9.3 million, according to a supply agreement attached to the lawsuit.

On Wednesday, the companies filed a notice in Miami-Dade Circuit Court that a confidential settlement had been reached.

Julie Feigeles, an attorney representing SkyRise Miami, declined to comment. “There is no story,” Feigeles said in an email. “Skyrise and Dynamic reached an amicable resolution.”

Dynamic Attractions did not immediately respond to a request for comment.

According to the lawsuit, SkyRise Miami entered into an attractions supply agreement in 2014 with Dynamic Attractions to build a 72-seat theater that would house a simulation theme park ride. SkyRise Miami made initial payments of $2.4 million, which included $772,590 for Dynamic Attractions to do the theater’s preliminary design and engineering plans.

In August, SkyRise Miami terminated the agreement and demanded the immediate return of $1.6 million, the lawsuit states. The company did not dispute the payment for the preliminary plans, but requested Dynamic Attractions provide an accounting for all services the theme park firm performed, according to the complaint.

Last month, SkyRise Miami and Dynamic Attractions representatives met to hash out the dispute. Dynamic Attractions provided a contract close-out memo, which is attached to the lawsuit, showing the theme park company had performed $1.1 million worth of work, leaving a balance of $1.3 million due to SkyRise Miami.

SkyRise Miami accused Dynamic Attractions of not paying the $1.3 million and failing to provide further documentation of the services it provided.





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