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HomeMy WebLinkAboutSubmittal-Amended ComplaintIN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 03-03931 CA 10 MARK YACHT CLUB ON BRICKELL BAY, INC. f/k/a THE MARK ON BRICKELL CONDOMINIUM ASSOCIATION, INC., Plaintiff, vs. THE RELATED GROUP OF FLORIDA, a Florida General Partnership; THE YACHT CLUB AT BRICKELL BAY ASSOCIATES, LTD., a Florida Limited Partnership; TRG BRICKELL BAY, LTD., a Florida Limited Partnership; TRG BRICKELL BAY, INC., a Florida Corporation; HUFSEY-NICOLAIDE S-GARCIA-SUAREZ ASSOCIATES, INC., a Florida Corporation; and C.G. CHASE CONSTRUCTION COMPANY, a Florida Corporation, Defendants. Submitted into the public record in con a ttio i th item _--- • Priscilla niA. TCitypson Clerk AMENDED COMPLAINT The Plaintiff, MARK YACHT CLUB ON BRICKELL BAY, INC. f/k/a THE MARK ON BRICKELL CONDOMINIUM ASSOCIATION, INC. (hereinafter referred to as the "ASSOCIATION"), sues Defendants, THE RELATED GROUP OF FLORIDA (hereinafter referred to as "RELATED"), the YACHT CLUB AT BRICKELL BAY ASSOCIATES LTD (hereinafter referred to as "YACHT CLUB"), PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 i CASE NO. 03-03931 CA 10 Page 2 TRG BRICKELL BAY, LTD (hereinafter referred to as "TRG LTD"), TRG BRICKFLL BAY, INC. (hereinafter referred to as "TRG INC") (RELATED, YACHT CLUB, TRG LTD, and TRG INC hereinafter collectively referred to as "DEVELOPER"), HUFSEY-NICOLAIDES-GARCIA-SUAREZ ASSOCIATES, INC. (hereinafter referred to as "HNGS), and C.G. CHASE CONSTRUCTION COMPANY, (hereinafter referred to as "CHASE CONSTRUCTION"). GENERAL ALLEGATIONS 1. This is an action for damages in excess of Eight Million Dollars ($8,000,000.00) exclusive of costs, interest and attorney's fees. 2. The property involved in each cause of action stated herein is a thirty-six (36) story condominium tower located at or about 1155 Brickell Bay Drive, Miami, Miami -Dade County, Florida. 3. The ASSOCIATION is a Florida Corporation not for profit, and a Condominium Association organized pursuant to the provisions of Chapter 718, Florida Statutes (hereinafter referred to as "the Condominium Act"). 4. The ASSOCIATION, as a Condominium Association is the entity responsible for the management and operation of the property which is the subject of Submitted Into the public record in connection v ith item nze..—on to Priscilla A. son Thom Cterk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 3 this suit (hereinafter referred to as the "Condominium" or "Condominium Building" or "Condominium Property"). 5. The subject residential Condominium was created pursuant to the provisions of Chapter 718 Florida Statute, by the conversion of existing, previously occupied improvements. The Condominium consists of residential condominium units and commercial units and appurtenances thereto. At all times material hereto, the ASSOCIATION performed routine maintenance on the Condominium property pursuant to its aforesaid obligations. 6. All unit owners (hereinafter "OWNERS") in the Condominium are members of the ASSOCIATION. 7. The ASSOCIATION brings this action pursuant to section 718.111(2) Florida Statutes, and Florida Rule of Civil Procedure 1.221, in its own right and as the lawful representative of the class of OWNERS of the Condominium. 8. RELATED is a Florida General Partnership transacting business in Miami -Dade County, Florida and was the owner/builder which oversaw the development of the subject condominium property and marketed same for sale to the public. Submitted Into the public record in connection w th item PZ 33 on Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 4 9. YACHT CLUB is a Florida Limited Partnership transacting business in Miami -Dade County, Florida. 10. TRG LTD is a Florida Limited Parti;iership transacting business in Miami - Dade County, Florida and is the general partner of YACHT CLUB. 11. TRG INC is a Florida Corporation transacting business in Miami -Dade County Florida and is a general partner of TRG LTD. RELATED, YACHT CLUB, and TRG LTD and TRG INC as general partners, are collectively, the DEVELOPER of the Condominium. 12. HNGS is a Florida Corporation with its principal base of business located at 10250 SW 56th Street, Suite B 201, Miami, Miarni-Dade County, Florida 33165- 7064. 13. At all times material hereto, HNGS was the mechanical, electrical, and plumbing engineer for the design and construction of the Condominium property. 14. CHASE CONSTRUCTION is a Florida corporation with its principal base of business located at 849 NW 17th Street, Suite 101, Miami, Miami -Dade County, Florida 33126. 15. At all times material hereto, CHASE CONSTRUCTION was the General Contractor hired by DEVELOPER to act as the General Contractor for the construction Into the public record in connection vjith item pa- 3.3 on I Priscilla A. Thompson PETERSON BERNARD City Clerk 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 5 of the buildings and improvements for the Condominium, and in that capacity applied for and was issued and held permits from Miami -Dade County for the construction of the Condominium. 16. CHASE CONSTRUCTION, as the contractor, performed, coordinated and supervised the construction of the Condominium and had a duty to insure that construction was: (a) perfoiiiied in accordance with the filed and approved plans and specifications; (b) complied with all applicable national, state and local building codes and zoning regulations; (c) in accordance with standards of good workmanship, express and implied warranties of fitness for the uses intended, merchantability and all other statutory express or implied warranties; and (d) performed utilizing approved, acceptable and/or adequate materials and components which complied with the plans and specifications and/or were suitable for use for the purposes intended in said construction. Submitted Into the public record in connection ith itempz-33 on1'1p•foil Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 6 17. Certain of the damages for which the ASSOCIATION seeks recovery herein were proximately caused by the improper design and construction of various systems and components of the Condominium Property including, but not limited to: (a) the mechanical, electrical, plumbing, heating, ventilating, and air conditioning systems (HVAC); (b) the selection, placement means and methods of and inspection of reinforcing steel and the construction of the balconies of the Condominium Building; (c) inadequate passenger elevator systems; (d) defective trash chute system; (e) defective and inadequate seawall; and (f) all other defects and deficiencies contained in reports prepared by Atkins Engineers and other engineering, testing and consulting reports, which have been provided to DEVELOPER. A copy of the latest Atkins Engineers report (hereinafter "Atkins Report" ) is attached hereto and made a part hereof, marked Exhibit A. Submitted Into the public record in connection 'th item a. 33 on to at oy Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 7 18. The work performed on the Condominium Property by the defendants has resulted in the creation of defects and deficiencies in the Condominium Building and the Condominium Property which fail to comply with the requirements of: (a) applicable national, state, and local building codes; (b) the filed and approved construction plans and specifications for the Condominium Building; (c) the standards of care and good workmanship recognized in the engineering and construction industries; and (d) the express representations made by DEVELOPER. 19. At all material times hereto, DEVELOPER has been kept apprised of the discovery and continual revelation of defects and deficiencies contained within the Condominium Building systems and components. 20. The existence or causes of many of the defects alleged herein are not readily recognizable by persons who lack specialized knowledge and/or training, or they are hidden by components or finishes, and are latent such that the Condominium OWNERS and the ASSOCIATION, in the exercise of reasonable diligence, did not discover the existence or cause of until after the purchase and occupancy of the Submitted Into the public record in connection wit item P2-3 on io jsa/y Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 8 Condominium, and/or were led to believe by the defendants that any said defects and deficiencies would be or had been corrected. 21. All causes of action contained herein accrued in Miami -Dade County, Florida. 22. The ASSOCIATION has been controlled by OWNERS other than DEVELOPER since February 13, 2002. 23. The causes of the action alleged herein concern matters of common interest to the OWNERS, which matters include but are not limited to, the Condominium common elements, the roof and structural components of the Condominium Building and improvements, the mechanical, electrical, and plumbing elements serving the Condominium Property and improvements; representations by the DEVELOPER relating to the condition of the Condominium buildings and improvements; and other matters commonly affecting and of common interest to the OWNERS as more fully described above and hereinafter. 24. All conditions precedent to the commencement of this action, including the provisions of all required notices have been satisfied, perfonlled, waived or excused. Submitted Into the public record in connection wi h item P2--33 on ID a y Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 9 COUNT I Submitted Into the public record in connectio ith BREACH OF CONTRACT item P2 - 33 on IGa q (DEVELOPER) Priscilla A. Th . mpson City Clerk 25. The ASSOCIATION readopts and realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 26. Pursuant to the provisions of the prospectus and the Declaration of the Condominium, the terms and conditions of which were incorporated by reference into each contract for purchase and sale of units in the Condominium, DEVELOPER owed a duty to the ASSOCIATION and its members (the OWNERS) to construct and to deliver the Condominium and improvements in a condition in accordance with the applicable plans and specifications and all existing applicable codes and regulations. 27 DEVELOPER breached its duties to the ASSOCIATION and its members (the OWNERS) by failing to construct the Condominium and improvements in compliance with applicable building codes, the plans and specifications, and good construction practices and by constructing and delivering the Condominium and improvements which with the exercise of reasonable care knew or should have known contained defects and deficiencies as set forth herein. 28. As a direct and proximate result of the breach by the DEVELOPER of its contractual duties, the ASSOCIATION has previously and will in the future be PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 10 required to expend large sums of money for the repair, maintenance and replacement of the property, buildings, common elements and improvements of the Condominium. In addition, the Condominium Property has suffered a permanent diminution in value affecting the ASSOCIATION and its members (the OWNERS). WHEREFORE, the ASSOCIATION demands judgment against the DEVELOPER for damages in excess of Eight Million Dollars ($8,000,000.00) plus interest, and all costs of bringing this action. COUNT II BREACH OF STATUTORY IMPLIED WARRANTIES (DEVELOPER) 29. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 30. DEVELOPER is the developer of the Condominium within the purview of section 718.203, Florida Statutes, in that it built, marketed and promoted, offered for sale, and did sell to the public, condominium units in the Condominium. 31. Pursuant to Section 718.203 (1), Florida Statutes, the DEVELOPER granted to the original OWNERS (i.e., those who purchased their units directly from the DEVELOPER), as well as all successor OWNERS, implied warranties of fitness Submitted Into the public record in connecti • n ith item P2 - 33 on is x , Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY• CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 11 and merchantability for the purpose or uses intended with regard to the Condominium buildings and improvements. 32. DEVELOPER breached these warranties by failing, in designing and constructing the Condominium tower, improvements and common elements, to comply with the requirements of applicable national, state and local building codes; by failing to construct same in accordance with the filed and approved construction plans and specifications; and by building, designing and constructing the Condominium with defects and deficiencies as set forth herein, in the Atkins Report, and other reports provided by various consultants, engineers and experts, including those hired by DEVELOPER. 33. As a direct and proximate result of the aforesaid breaches of warranty, the ASSOCIATION has previously and will in the future be required to expend large sums of money for the repair, maintenance and replacement of the property, buildings, common elements, improvements, and units of the Condominium. In addition, the Condominium Property has suffered a permanent diminution in value affecting the ASSOCIATION and its members (the OWNERS). Submitted Into the public record in connection with item pz-33 on to1 )�y Priscilla A. Thompson City Clerk PETERSON BERNARD B66 SOUTH DIXIE HIGHWAY• CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 12 WHEREFORE, the ASSOCIATION demands judgment against DEVELOPER for damages in excess of Eight Million Dollars ($8,000,000.00), plus interest and the costs of bringing this action. COUNT III NEGLIGENT MISREPRESENTATION (DEVELOPER) 34. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 35. At all times material hereto, DEVELOPER represented and promised to deliver first class, high quality waterfront residential dwellings and common areas to the ASSOCIATION and OWNERS, using high quality materials and experienced and qualified designers and builders to design and build the Condominium Building and Condominium Property. 36. At the time DEVELOPER made its representations of first class quality design and construction it knew or should have known such representations were false. In fact, DEVELOPER was aware, or should have been aware, that "value engineering" was or would be conducted to reduce the cost of design and construction to DEVELOPER so that DEVELOPER would maximize its profit on sales of Submitted Into the public record in connection v ith item P2 -33 can Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 13 condominium units to the detriment of the first class quality promised the ASSOCIATION and OWNERS. 37. At all times material hereto, DEVELOPER intended to induce the OWNERS to act on its representations of first class quality design and construction by purchasing condominium units and equal interest in the Condominium Property, including all common areas and operating areas of the Condominium Building. 38. The representations of DEVELOPER were, in fact, negligent or intentional misrepresentations upon which OWNERS and the ASSOCIATION justifiably relied to their detriment. 39. As a direct and proximate result of the aforesaid negligent misrepresentation by DEVELOPER, the ASSOCIATION and OWNERS have suffered damages, including but not limited to, the cost of repair and replacement of condominium property, architectural and engineering fees, additional maintenance costs and a permanent diminution in value of the condominium units and common areas. WHEREFORE, the ASSOCIATION demands judgment against DEVELOPER for damages in excess of Eight Million Dollars ($8,000,000.00), plus interest and the costs of bringing this action. Submitted Into the public record in connection with item Pz - 33 on to Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 14 COUNT IV BREACH OF STATUTORY IMPLIED WARRANTIES (CHASE CONSTRUCTION) 40. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 41. CHASE CONSTRUCTION is the developer of the Condominium within the purview of section 718.203, Florida Statutes. CHASE CONSTRUCTION granted to the original OWNERS (i.e., those who purchased their units directly from the DEVELOPER), as well as all successor OWNERS, implied warranties of fitness and merchantability for the purpose or uses intended with regard to the Condominium buildings and improvements. 42. CHASE CONSTRUCTION breached. these warranties by failing, in constructing the Condominium buildings, improvements and common elements, to comply with the requirements of applicable national, state and local building codes; by failing to construct same in accordance with the filed and approved construction plans and specifications; and by building, designing and constructing the Condominium with defects and deficiencies as set forth herein and in the Atkins Report, and other reports provided by various consultants, engineers and experts, including those hired by DEVELOPER. Submitted Into the public record in connectio item 2zzon !o e y Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 15 43. As a direct and proximate result of the aforesaid breaches of warranty, the ASSOCIATION has been or will be required to expend large sums of money for the repair, maintenance and replacement of the property, buildings, common elements, improvements, and units of the Condominium. In addition, the Condominium Property has suffered a permanent diminution in value affecting the Association and its members (the OWNERS). WHEREFORE, the ASSOCIATION demands judgment against CHASE CONSTRUCTION for damages in excess of Eight Million Dollars ($8,000,000.00) plus interest and the costs of bringing this action. COUNT V NEGLIGENCE (CHASE CONSTRUCTION) 44. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 45. At all times material hereto, CHASE CONSTRUCTION owed a duty to the ASSOCIATION to construct the Condominium Building in a reasonable and appropriate manner and in accordance with the construction plans and specifications which were provided to it by DEVELOPER. Submitted Into the public record in connection wit item 2. 33 on /o 10tfav Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 16 46. CHASE CONSTRUCTION breached its duty of care owed the ASSOCIATION by failing to construct the Condominium Building in accordance with the construction plans and specifications and by negligently conducting "value engineering" which resulted in the use of substandard construction materials and methods. 47. As a direct and proximate result of the negligence of CHASE CONSTRUCTION, the ASSOCIATION and its OWNERS have been damaged and have been and will be required to expend large sums of money to attempt to remedy the defects and deficiencies and mitigate the damages caused thereby. In addition, the Condominium Property has suffered a permanent diminution in value affecting the ASSOCIATION and its members (the OWNERS). WHEREFORE, the ASSOCIATION demands judgment against CHASE CONSTRUCTION for damages in excess of Eight Million Dollars ($8,000,000.00) plus interest and the costs of bringing this action. Submitted Into the public - record in connection with item Pz 33 on ioJ with Priscilla A. Thompson City Clerk PETERSON BERNARD B66 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 . TELEPHONE 305-740-8200 FAX 305-740-8289 COUNT VI NEGLIGENCE (HNGS) CASE NO. 03-03931 CA 10 Page 17 Submitted Into the pubUUe record in connection with y item — Priscilla A. Thompson City Clerk 48. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 49. At all times material hereto, HNGS acting through its agents, servants, and employees, undertook to design the mechanical, electrical, and plumbing plans and specifications for the Condominium building and improvements (the "MEP Plans"). 50. HNGS had a duty to prepare their respective plans and specifications properly, in accordance with accepted engineering standards, and in such a fashion that would not be detrimental to the Condominium Property nor the OWNERS or occupants of the Condominium. 51. HNGS was careless and negligent in preparing the MEP plans for the Condominium building and improvements and breached the duty of care it owed the ASSOCIATION and its OWNERS. 52. The Condominium as constructed pursuant to the plans and specifications prepared by HNGS contains numerous defects and deficiencies as set forth herein and in the Atkins Report which have led to problems including, but not limited to, water intrusion into the Condominium, inadequate building pressurization and an above- PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 18 average level of humidity in the Condominium. 53. As a direct and proximate result of the negligence of HNGS, the ASSOCIATION has been damaged and has been and will be required to expend large sums of money to attempt to remedy the defects and deficiencies and mitigate the damages caused thereby. In addition, the Condominium Property has suffered a permanent diminution in value affecting the ASSOCIATION and its members (the OWNERS). WHEREFORE, the ASSOCIATION demands judgment against Defendant, HNGS for damages in excess of Eight Million Dollars ($8,000,000.00) plus interest and the costs of bringing this action. COUNT VII VIOLATION OF SECTION 553.84, FLOIRDA STATUTES (DEVELOPER) 54. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 55. Section 553.84, Florida Statutes, expressly creates a statutory cause of action on behalf of any person damaged as a result of a violation of the State Minimum Building Codes Act (Sections 553.70, et seq., Florida Statutes) against the party or parties committing the violations. Submitted Into the public record in connection ith item P2 - 33 on /o )at% P 4 Priscilla A. Thompson PETERSON BERNARD City Clerk 866 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 19 56. The DEVELOPER was thus under a statutory duty to the ASSOCIATION and the individual OWNERS, pursuant to the State Minimum Building Codes Act, to design, construct and deliver the Condominium in compliance with all applicable local, state, and national building codes and regulations. 57. The DEVELOPER in inspecting, designing, construction and delivering the Condominium failed to comply with all applicable local, state and national building codes and regulations, including, but not limited to, the Florida Building Code, in contravention of the State Minimum Building Codes Act. 58. The DEVELOPER knew or by the exercise of reasonable care should have known that the aforesaid violations existed. 59. Due to the aforesaid building code violations, the Condominium contains defects and deficiencies as set forth herein, in the Atkins Report and other reports and tests by experts and consultants on the subject premises which have been made available to and which are in the possession of the DEVELOPER. 60. Due to the aforesaid building code violations, the Condominium Property is plagued by above -average levels of humidity which has led and will lead on a continual basis to the presence of mold within the Condominium Building structure. Submitted Into the public record in connectio wi h item ?Z- 33 on 16 '#/° y Priscilla A. Tho pson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 20 61. As a direct and proximate result of the aforesaid violations of State Minimum Building Codes Act, the ASSOCIATION has been and will be required to expend large sums of money for the repair, maintenance, and replacement of the property, buildings, common elements, improvements and units of the Condominium. In addition, the Condominium Property has suffered a peiiiianent diminution in value affecting the ASSOCIATION and its members (the OWNERS). WHEREFORE, the ASSOCIATION demands judgment against the DEVELOPER for damages in excess of Eight Million Dollars ($8,000,0000.00) plus interest and the costs of bringing this action. COUNT VIII VIOLATION OF SECTION 553.84, FLORIDA STATUTES (CHASE CONSTRUCTION) 62. The ASSOCIATION realleges paragraphs 1 through 24, inclusive, as if fully set forth herein. 63. Section 553.84, Florida Statutes, expressly creates a statutory cause of action on behalf of any person damaged as a result of a violation of the State Minimum Building Codes Act (Sections 553.70, et seq., Florida Statutes) against the party or parties committing the violations. Submitted Into the public record in connection wi h item P2 -33 on /o, /oq Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 21 64. CHASE CONSTRUCTION was thus under a statutory duty to the ASSOCIATION and the individual OWNERS, pursuant to the State Minimum Building Codes Act, to design, construct and deliver the Condominium in compliance with all applicable local, state, and national building codes and regulations. 65. CHASE CONSTRUCTION in constructing, inspecting and delivering the Condominium Building failed to comply with all applicable local, state and national building codes and regulations, including, but not limited to, the Florida Building Code, in contravention of the State Minimum Building Codes Act. 66. CHASE CONSTRUCTION knew or should have known that the aforesaid violations existed. 67. Due to the aforesaid building code violations, the Condominium contains defects and deficiencies as set forth herein, in the Atkins Report, and other reports and tests by experts and consultants on the subject premises. 68. Due to the aforesaid building code violations, the Condominium Property is plagued by above -average levels of humidity which has led and will lead on a continual basis to the presence of mold within the Condominium Building structure. 69. As a direct and proximate result of the aforesaid violations of State Minimum Building Codes Act, the ASSOCIATION has been and ll be required to Submittewid Into the public record in connection with item -33 on6y Priscilla A. Thompson 866 SOUTH DIXIE HIGHWAY- CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-828City Clerk PETERSON BERNARD CASE NO. 03-03931 CA 10 Page 22 expend large sun -is of money for the repair, maintenance, and replacement of the property, buildings, common elements, improvements and units of the Condominium. In addition, the Condominium Property has suffered a peinianent diminution in value affecting the ASSOCIATION and its members (the OWNERS). WHEREFORE, the ASSOCIATION demands judgment against CHASE CONSTRUCTION for damages in excess of Eight Million Dollars ($8,000,0000.00) plus interest and the costs of bringing this action. DEMAND FOR JURY TRIAL The ASSOCIATION demands trial by jury of all issues so triable. Dated this day of , 2004. Submitted Into the public record in connection wit item P2 r 3 on _o aE oy Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 CASE NO. 03-03931 CA 10 Page 23 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via U.S. Mail this day of , 2004 to: See attached Service List. PETERSON BERNARD Counsel for Plaintiff 866 South Dixie Highway Coral Gables, Florida 33146 305-740-8200 Fax: 305-740-8289 STEVEN P. BEFERA, ESQ. Florida Bar No.: 370861 Submitted Into the public record in connection wit item p2 -33 on Io oy Priscilla A. Thompson City Clerk PETERSON BERNARD 866 SOUTH DIXIE HIGHWAY. CORAL GABLES, FLORIDA 33146-2603 • TELEPHONE 305-740-8200 FAX 305-740-8289 ▪ T CAS,' NH: 03 -(YD3931 -01 1 SEC-LI:DO] , • F. . flrE Y:5 STYLE: MARA!. OH BRIOKELL CONDo AsSM INC THE. PN PLAINTIFF pLAris1717T--A!,:i7, • YACHT cl...UB AT BRICKELL BAy ASSOC THE ;)N DEFENANT 1)E7-F1*1' ARA RN -• GARNISHEE ATTOREY 1,!.401 MARY ON RRICKELA.. CONDO ASSN Ti.;[; THE STEVEN PAUL BEFERA 7,rZ 7TFIT77.1- -,7.ff,,T77or..7. THE ATTORNEY iii,TNOWN ATTORNEY ONENU!,iN T1)SR1CleFIL GAT !:'oR) ff!..7';OBNElY UMWR,IN ▪ HUFSEY rucHoLibE GARcip, SijAREZ ATYORNEY UNKNOWN C G CHASE CONSTRUCTION CO STEPHEN HOWARD REISM PLEAD1G DECRIPTT.ON 0▪ .5/23/2004 RESPONSE TO REQUEST FOR. pRODuCTION s'05/28/2004 NOTICF: g- OF To n-,!TERRoWF.WYEs ▪ 1-71.17-9 OP P.NS.E.: TO IWT-ERROGAT,.:5RIEF,; ✓ 5/28/2004 NOTICE OF Ai -;ER TO fNTERR0G9TORIES ▪ 7/2004 RESpONSE TO REQUEST FOR PRODUCTION e5/17/2004 NOTICE OF HEARING -MOTIONS 06/10/2004 9:15 AM c'f-:.Jim-TTQNs Tfl FUR PRI)UCTIO • !,;07".,-M 1.▪ ..2004 .NCTIDE OF AMSWER TO INTERROGATORIES 05/11/2004 RESPONSE TO REQUEST FOR PRODUCTION 05./.11/2004___RE.SPONSE TO RE:ouzo: FOR PRODUCTIOA_ 0/3_40,22▪ 00.. ...8E2UEST_EllE_PRODUEJJICDI 20(A REQUEST FOR PRODUCTION 04/07/2004 REQUEST FOR pRODUCTION REQUEST FOR PRODUCTION 04/07/2004 RELJUEST FOR PRODUCTION -..0A/02/.20.......NCTICE.OFINTERRO01iT07Y * 4/02/2004 NEWICE OF INTER.ROATOR"7" • NDTICE07 INTE9F,.OGA7O7.1' 04/02/2004 NOTICE OF INTERROGATORY 04/02/2004 110TI9E: • ./ • STIPULATION ;,,ND ORDER 1.3EiSTITUTTN; •' PNOI oRI';ER pOR 9971377::12..,,N OF' CWN5E!,. '97.."12/2003 RESPONSE: 1 QBJECTIONS TO REQUEST roR PRODUCTION ...)5/i7007,. REQUEST FOR PRODUCTION 0.2/AE/.2.00 MM-ION FOR UTENSION OF TIME • ▪ 9/2707 NOTICE OF 4,P7EAR4,NCE *3/12/2007 ErE.VICE RETURNED BADGE t 7 P 02/26/2003 DNOi _ BADGE 7 P P2/26/2003 SERVICE REJURNED BADG 4 711902 A3./07/2003 SERVICE RETURNED . BADGE 0 1172 P 02/27/2003 0705 9112./29/2003 pERVIi3ERETuRNED BADGE 13 45 P 02/25/2003 01.174 i'.477717 OFATTRHEY: 220791 1,03 DNO5 770MPLAINT • 12▪ ,113/2003 cIVIL COvER :A02/13/2003 DEMAND FOR JURY TRIAL ShONS T.3SuED rq'40f, • AT7RNEY: 88SSSS.OS 13.26. Submitted Into'the record in connection with Public A. Thompson Pnscille item D. • City Clerk •.,