Case:
Berkley Custom Insurance Managers, LLC a/s/o Carey Watermark Investors, Inc. v. T&G Corporation d/b/a T&G Construction
Practice Area:
Attorney(s) :
Plaintiff Counsel:
Cole, Scott & Kissane
Result:
Summary Judgment
Summary:
This was a subrogation action seeking recovery for $727,466.39 paid for alleged property damages at the Ritz-Carlton Fort Lauderdale. Plaintiff alleged that the Hotel incurred water and mold damages due to improper installation of waterproofing and plumbing systems by T&G as part of renovations performed to the spa/steam rooms in July/August of 2015. On or about October 23, 2015, approximately two months after T&G’s work passed its Final Inspection with the City of Fort Lauderdale, T&G learned that the Hotel’s construction manager hired another contractor to relocate two steam room generators due to a condensation issue. The new contractor performed demolition work to T&G’s completed work. On October 26, 2015, T&G sent written notification to the Hotel’s representative that the demolition work voided T&G’s waterproofing warranty. On October 29, 2019, the Hotel reported to Berkley that it had water and mold damages in the steam rooms. The Court found that T&G’s October 26, 2015 letter constituted notice to the Hotel that the waterproofing system was compromised and granted summary judgment.
