In a response to the
suit, the association claims that it withheld the payments
due to construction defects.
Nine Island Avenue, at 9 Island Avenue in Miami Beach, is
directly across the street from the Standard Spa, Miami
Beach on the Venetian Islands.
According to the lawsuit, after completing the first phase
of renovations to the condo tower, Critical Path started
working on phase two of the renovations in September 2017.
But the project soon ran into numerous delays, which
Critical Path alleges were caused by incomplete or
inadequate plans by the association and failure to address
change orders. The complaint alleges the condo association
made more than 100 change orders and 100 requests for
information, which caused the delays. By July 2018, progress
had come to a complete stop due to the alleged issues.
A year and a half
later, Critical Path claimed it obtained a Temporary
Certificate of Occupancy, or a TCO, for the majority of the
project to be completed in December 2019. It alleges Nine
Island Avenue was responsible for completing the rest of the
project, but failed to do so, which prevented the building
from getting a final inspection. The construction company
alleges it has not been paid since September 2019.
Nine Island Avenue’s condo association did not immediately
respond to a request for comment.
In February, the construction firm recorded a lien against
the condo association for $491,197, according to the suit.
In May, the association threatened to terminate the
construction company’s contract due to various reasons,
including not accurately providing schedules, failing to
perform diligent work, and failure to install wall tile. It
directed the construction company to fix the defects in 15
Critical Path said it was not responsible for the defects
and it could not fix them in 15 days. In June, the
association terminated Critical Path’s contract, according
to the suit.