The homeowner association for a Midtown Doral condominium claims
construction defects, including leaky plumbing with erratic water pressure,
rooftop pools of rainwater on the roof and exposed rebar in cracked
concrete.
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Google Street View of Midtown Doral condominium building 2 at 7751 NW 107th Ave. in Doral. |
Association attorney Georg Ketelhohn said the owners sent a notice to the
developer and contractor noting an engineering report of defects under the
Florida Construction Defect Statute. In response, they agreed to work with
the association to fix some of the issues, but others are in dispute.
“We have not been able to fully resolve the issues so we went forward with
the litigation,” said Ketelhohn, a shareholder at Siegfried Rivera in Coral
Gables. He filed suit Dec. 10 in Miami-Dade Circuit Court.
The issues still could be resolved if the defendants agreed to the remaining
fixes. Otherwise, the association would solicit bids for repairs and use the
amount to determine its demand for reimbursement.
For now, Ketelhohn declined to disclose the engineer’s repair estimate or
the cost to fix only the disputed defects.
Development partner Sergio Pino said this is within the normal course for
big projects and the homeowners merely are taking their available recourse
to get items fixed.
Pino said he and others invested in 107 Avenue Doral Properties LLC, a
holding company for MD Residential I-IV and the other LLCs that developed
portions of the project. Pino’s Century Homebuilders Group LLC in Coral
Gables developed Midtown Doral phase II.
“If the homeowners aren’t satisfied with some of the work, this is the
vehicle to get it fixed. We are supportive of the homeowners,” he said.
“Delant Construction, it’s my understanding that they have good insurance
for whatever they have to fix, and hopefully it will work out in the end. I
do agree with the homeowners. They have to do what they have to do to make
sure that the quality that was promised is the quality that was delivered.”
Delant Construction attorney Michael Peterson, managing partner at Peterson,
Baldor & Maranges in Miami, declined comment.
Pascual Perez attorney Alex Diaz, partner at Klein Glasser Park & Lowe in
Miami, also declined comment. In a motion to dismiss, he argued the
allegations of negligence by the architect lack specificity.
“The allegations are so bare as to leave PPA unsure as to what specifically
they did wrong,” Diaz wrote in the motion.
The lawsuit claims the building doesn’t meet the state building code, design
and construction plans, and industry standards.
The complaint notes issue with soundproofing, unsealed holes exposing
corroding metal, some missing fire protection systems, incorrectly sealed
joints, an exposed conduit and plumbing leaks staining drywall. Rainwater
pools on the roof because it wasn’t sloped as outlined in plans.
Records show Delant and the Midtown Doral development companies had previous
disputes between each other. Delant sued MD Residential II in 2018, saying
it didn’t pay Delant all it was owed for work on Midtown Doral condo 2. MD
Residential II denied this and countersued, saying Delant didn’t complete
the building on time, overbilled and needed to correct improper work. The
suit was dismissed last year after the two sides filed dismissal
stipulations.