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verdicts

Case:
Opus Condominium Association v. Islamorada Condominiums, LLC, et al
Practice Area:
Attorney(s):
Plaintiff Counsel:
Ball Janik LLP
Result:
Final Summary Judgment
Summary:
Boca Raton Co-Managing Partner Christopher Burrows authored Defendant’s Motion for Summary Judgment in Opus Condominium Association v. Islamorada Condominiums, LLC, et al., a case involving construction and design defects related to the construction of an 11-story, 53 Unit condominium building located in Daytona Beach Shores, Florida (Volusia County). The Plaintiff filed a lawsuit against, amongst others, the original developer, Islamorada Condominiums, more than ten years after the date construction was completed and the certificate of occupancy was issued, which ran afoul of the Statute of Repose contained within Florida Statute section 95.11(3)(c). The major issue in the case was whether Islamorada Condominiums was considered the “owner” for purposes of triggering the statute of repose given that there was no dispositive case law requiring a court to grant Summary Judgment in Favor of Islamorada Condominiums. On May 18, 2022, Gavin McLean presented oral argument on Islamorada Condominiums’ Motion for Summary Judgment based on the Statute of Repose, wherein the Court reserved ruling. Thereafter, on October 21, 2022, the Court held a second hearing on the Motion for Summary Judgment and Senior Partner Hayley Newman continued oral argument on behalf of Islamorada Condominiums, which resulted in the Court ultimately granting Final Summary Judgment in favor of Islamorada Condominiums. Read More.
Case:
BRE Point Parcel LLC v. Pavarini Construction Co. v. MC Velar Construction Corp. v. Command Rebar, Inc.
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:
On September 8, 2023, Boca Raton Senior Partner, Hayley Newman, presented oral argument on Defendant’s Motion for Summary Judgment in a case involving construction and design defects at a condominium in Palm Beach County. Boca Raton’s Co-Managing Partner, Christopher Burrows, authored the Motion for Summary Judgment with assistance from Associate, Aaron Carrio. The proposed order was drafted by Christopher Burrows, with assistance from Associate, Dylan Levenson. The Plaintiff initiated this lawsuit against the general contractor, alleging construction defects and deficiencies in the work performed on the project.  The general contractor filed a Third Party Complaint against its subcontractors, including the concrete subcontractor, who in turn filed a Fourth Party Complaint against its sub-subcontractor, our client the Post-Tension Cable sub-subcontractor. The Fourth Party Complaint included causes of action for contractual indemnity/breach of contract, common law indemnity, and negligence, alleging breach of its indemnification obligation in the sub-subcontract.  We devised a plan to settle directly with the Plaintiff in exchange for a scope of work release for our client, the general contractor, and the Fourth Party Plaintiff. This enabled us to file a Motion for Summary Judgment as to the Fourth Party Complaint.  We successfully argued that the Fourth Party Plaintiff’s claims were pass through claims based on, and limited in scope, to the claims made by Plaintiff, which we eliminated. Ultimately, the trial court granted Final Summary Judgment in favor of our client.  Read More
Case:
Practice Area:
Attorney(s):
Result:
Motion for Summary Judgment
Summary:

On January 30, 2019, Boca Raton Senior Associate, Hayley Newman presented oral argument on Defendant’s Motion for Summary Judgment in JAFCO v. D&S Plumbing, a case involving construction and design defects at a children’s center in Broward County. Senior Partner Christopher Burrows authored the Motion for Summary Judgment with assistance from Hayley Newman. The plaintiff initiated this lawsuit against the general contractor, alleging construction defects and deficiencies in the work performed on the project.  The general contractor filed a Third Party Complaint against its subcontractors, including our client a plumbing subcontractor. The general contractor’s four causes of action in the Third Party Complaint included contractual indemnity/breach of contract, common law indemnity, contribution, and negligence, alleging breach of its indemnification obligation in the subcontract. Read more

Case:
Practice Area:
Attorney(s):
Result:
Defense Verdict Roofing Construction Defects
Summary:

Managing Partner Daniel Santaniello and Boca Raton Junior Partner Christopher Burrows obtained a defense verdict in a roofing case styled Guy Delmonte v. Whiting Construction, Inc., on June 27, 2014. Plaintiff, Guy Delmonte, owner of a townhouse in a quadruplex in Martin County, Florida, sued a local roofing company, Whiting Construction, Inc., alleging that the roofing company had caused interior water damages to Plaintiff's unit when Whiting Construction replaced the roofs of the three neighboring units in the Plaintiff’s quadruplex.  Read More

Case:
Maria Del Carmen Roberto, et al. v. Four Points Property Management, Inc., et al.
Practice Area:
Attorney(s):
Result:
Dismissal
Summary:
SUMMARY. Read More