Ball Janik, LLP (Gabriel Coelho)

Summary Judgment

Plaintiff, Sage Beach Condominium Association, brought this action against 27 parties for alleged construction defects relating to the construction of the Association’s two condominium buildings. Our client, New Door Installation Co., installed exterior metal doors, frames and hardware. Plaintiff claimed that the materials were defectively installed and in violation of the Florida Building Code due to the existence of corrosion on the door surfaces, frames, and hardware. In addition, the general contractor, Glenewinkel Construction Company, asserted cross claims against New Door for violation of the Florida Building Code, breach of contract, and common law indemnification. Plaintiff’s expert, Toby Maxwell, P.E., and Glenewinkel’s expert, Donald Rataj, R.A., testified that the doors were properly installed, and that the corrosion was due to the exposure from the harsh coastal environment, as the condominium buildings are located on Hollywood Beach. Plaintiff, in an attempt to defeat summary judgment, provided an affidavit from Mr. Maxwell that contradicted his deposition testimony and claimed that the exterior metal doors were not installed correctly. The Court granted New Door’s motion for summary judgment stating, “This kind of change in testimony issue, on the eve of summary judgment motions, is exactly why our Supreme Court changed the Florida rule on summary judgment to align with the Federal rule.” Read More.