Know Your 704

I-485 project has been delayed for two years. Will contractor face fines before completion?

The I-485 Express Lanes project includes replacing the current two-lane Ballantyne Commons Parkway bridge with a new four-lane bridge.
The I-485 Express Lanes project includes replacing the current two-lane Ballantyne Commons Parkway bridge with a new four-lane bridge. jsiner@charlotteobserver.com

The Charlotte Observer Service Journalism desk is committed to providing answers to questions that matter to you and your community. In this space, reader-submitted inquiries -- such as the one below -- will be investigated each day by our team of reporters.

Going on its third year since the beginning of its construction, the I-485 Express Lanes, which were originally supposed to be finished by 2022, is undergoing continued delays.

The North Carolina Department of Transportation says the contractor, Blythe Construction, still has not faced any hefty fines for failing to make the initial deadline. It could, however, be fined if NCDOT deems it necessary.

Jen Thompson, a communications officer for NCDOT, said Blythe Construction has spent months working to ensure a safe and reliable delivery of the project while attempting to complete construction of it as quickly as they can.

“While delays are not uncommon in construction, the Department’s priority is to complete the project as soon as possible, providing a dependable travel option for drivers,” Thompson said in a statement.

The project, which aims to minimize congestion on I-485 between I-77 and U.S. 74 along Independence Boulevard at an estimated cost of $346 million, will add one toll express lane in each direction of the interstate and one general-purpose lane between Rea and Providence roads.

Fines levied against contractors for late delivery of projects like this one are common, but according to Thompson, no fines of such nature have been issued.

“NCDOT contracts typically include Liquidated Damages issued to the contractor when the contract completion date is not met. Such LDs can be assessed when the contract delay is the responsibility of the Contractor,” Thompson said in her statement.

However, because there were extenuating circumstances which added to the delay of the project, NCDOT is still working to decide if fines will be issued to Blythe Construction.

“Some of the I-485 delays are associated with items out of the Contractor’s control (such as weather and supplier delays), so we are working to determine if any LDs will be assessed,” Thompson added.

Garrett Simmons, a communications manager with Blythe Construction, confirmed that circumstances outside of the control of the contractor can have an impact on making a deadline but do not necessarily lead to the levying of fees right away.

“Regarding causes for project delays, those outside our control generally include weather, material supply shortages, and issues of that nature,” Simmons said. “A process is in place to asses those causes and determine next steps.”

According to NCDOT and the I-485 Express Lanes project web page, the lanes are projected to be complete by winter of 2024. No further delays past that date have been announced.

This story was originally published February 16, 2022 at 3:52 PM with the headline "I-485 project has been delayed for two years. Will contractor face fines before completion?."

Evan Santiago
The Charlotte Observer
Evan Santiago is a reporter for the Charlotte Observer writing for the publication’s Service Journalism Desk. He hails from New York City and is currently based in the Queen City where he works to help local readers navigate the challenges that come with daily life in the modern world.
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER