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construction-defect

BTG Represents HOA in Construction Defect Lawsuit Against Lennar Homes

Firm News
November 4, 2020

Business Trial Group attorney Roger C. Brown is representing Martinique At The Oasis Neighborhood Association, Inc. in a lawsuit filed against Lennar Homes, alleging shoddy construction work in the stucco exterior of the property.

“For most people, their home is the biggest investment they make in their lives,” Brown told The Real Deal. “We will fight to hold Lennar Homes accountable for the alleged shoddy work on our clients’ homes and ensure they do not cut corners on their other building projects.”

According to the Complaint, Miami-based Lennar Homes was the developer and general contractor for the construction of the Oasis property, which is located in Homestead, Florida and consists of 26 townhouse style buildings that are subdivided into 241 individual units. According to The Real Deal, Lennar Homes is one of the largest homebuilders in the country, and the company is known for its simple, no frills, affordably priced homes.

As the developer and general contractor, Lennar Homes was required to perform, coordinate and supervise the construction to ensure that it was performed in accordance with the plans and specifications, in compliance with all applicable national, state and local building codes, and that it was performed in accordance with standards of good workmanship and all other express and implied warranties.

The Complaint, however, alleges Lennar Homes failed to do this.

In 2018, the Association became aware of potential latent construction defects in the exterior wall cladding system of the buildings when discolorations in the paint on the exterior stucco started to appear. The Association invited the paint supplier to investigation the issue, and the paint was ruled out as the cause.

According to the Complaint, the Association then hired a professional building envelope consultant, GCI Consultants, LLC, to further investigate the issue(s). Through its investigations, GCI determined that the water intrusion was being caused by defects in the stucco, stone cladding and foam moldings and decorative shapes on the exterior of the buildings.

On November 12, 2019, the Association notified Lennar Homes of GCI’s findings, including providing information and details concerning the allegedly defective conditions, and 19 photographs depicting the observable defective conditions. Despite this, Lennar Homes dismissed the notice as too “vague” to address.

As such, the Association hired GCI to conduct further investigations of the allegedly defective conditions, resulting in a Supplemental Report with more detailed findings. The Association supplied the more detailed report to Lennar Homes.

And still, Lennar Homes has refused to respond to the outstanding demands made by the Association, and has failed to make the proposed repairs.

CONTINGENCY FEE CONSTRUCTION LITIGATION

At the Business Trial Group, our goal is to not only be the best construction litigation attorneys in Florida, but to make the highest quality representation affordable. Unlike other law firms, our attorneys handle construction cases on a contingency-fee basis. This means that we do not charge hourly fees or expensive retainers. You pay nothing unless we are successful.

Our experienced construction attorneys have a track record of winning in a variety of construction disputes. Earlier this year, we won the appeal of the jury verdict awarded to our client Alaqua Lakes Community Association for defective roads in the luxury community, leading to an $8.6 million recovery.

If your association has an issue with construction defects, contact the Business Trial Group using our contact form or call 888.874.9075.

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