In June, Circuit Judge Tamara Harris Johnson dismissed a lawsuit by the Black Contractors Association of Alabama (BCAA) seeking to halt construction of the nearly $50 million amphitheater in downtown Birmingham because the Birmingham Jefferson Civic Complex (BJCC) allegedly failed to comply with an agreement to adequately include minority participation in the project.
Johnson ruled the BCAA did not have the standing to sue and thus she was obligated by the law to dismiss. Yet in announcing her decision, the judge compelled the BJCC to take measures to elevate the inclusion of Black-, Hispanic- and women-owned companies in the project.
“I’m trying to make lemonade out of these lemons,” she said.
Nearly three months later, the BJCC says 28.03% ($11,778,892) of $42,015,752 in eligible construction services contracts has been awarded to Minority Women Disadvantage Business Enterprises (MWDBE), while 33.08% ($901,700)of $2,726,200 in eligible professional services has been awarded to MWDBEs.
“Most of the work has been awarded,” says BJCC CEO Tad Snider.
The spending with MWDBEs is tracked by Stone Construction, the general contractor on the project.
“They have to show us the value of the contracts, payments to subcontractors, and supply us with information to show [the money is] going to the companies before we pay them,” Snider added.
Construction services include general construction and site grading (Black-owned SDAC was awarded the $3 million contract to prepare the site for construction).
Professional services include architecture, engineering, food service, code compliance, and technical design.
The BCJJ lists the following MWDBEs as participating in the amphitheater construction:
Legends Paint (Woman owned)
Elm Site Services (Woman)
Joiner Fire Sprinkler (Black)
Cheyanne Inc. (Woman/Native American)
Magic Glass Company (Black)
3-Way Cleaning (Black)
C&F Drywall & Acoustical LLC (Hispanic)
WiseEnvironmental Solutions (Woman)
Big Bend Rebar, Inc. (Woman)
J&J Striping (Woman)
Brewco Concrete Polishing (Black)
Daystar Enterprise (Woman)
Paving Stone of Alabama, Inc. (Hispanic)
Coval Contracting LLC (Hispanic)
South Dade Air Conditioning (Black)
Up to $7 million in additional work may be awarded in the near future for the improvement of two parking decks near the amphitheater.
“That will be a completely separate bid, a completely separate award, and a different set of opportunities,” Snider said, adding those bids will be requested this fall.
The amphitheater is expected to be completed by the end of 2025.