The Real Deal Miami

Brickell City Centre construction manager accuses swimming pools installer of shoddy job

Americaribe-Moriarty is seeking $1.7M in damages from Certified Pool Mechanics

November 29, 2016 04:30PM
By Francisco Alvarado

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The East, Miami hotel pool deck

The East, Miami hotel pool deck

With the first phase of Brickell City Centre nearly complete, trouble is brewing among some of the firms involved in the project’s construction.

Americaribe-Moriarty Joint Venture, which oversaw the first phase, sued Fort Myers-based Certified Pool Mechanics late last month in Miami-Dade County Circuit for breach of contract and filing a fraudulent lien.

Americacaribe-Moriarty is seeking roughly $1.7 million in damages.

Richard Chaves, a partner with Ciklin Lubitz & O’Connell, representing the joint venture, declined comment on the specifics of the lawsuit.

“We look forward to presenting our client’s claims through that process which includes a mediated settlement conference,” Chaves told The Real Deal.  A woman who answered the phone at Certified’s office said the firm had no comment.

According to the lawsuit, Americaribe-Moriarty signed a $5.3 million contract with Certified for swimming pool and installation work at Brickell City Centre in March 2014. However, the pool subcontractor failed to perform the scope of work in a timely manner and sought unauthorized change orders, the lawsuit alleges.

In addition to using other subcontractors to finish work Certified was supposed to do, Americaribe-Moriarty also had to pay suppliers that were owed money by the pool subcontractor, according to the suit. When the work was finished, Americaribe-Moriarty was forced to pay $622,000 for work Certified did not complete after the subcontractor filed a construction lien on the project in December of last year, the suit says.

The joint venture is between construction firms Americaribe and John Moriarty & Associates of Florida, which were awarded oversight of the first phase’s construction in March 2013. Specifically, Americaribe-Moriarty managed the construction of a luxury shopping center, two residential towers, the East, Miami hotel, serviced apartments, a wellness center and Class A office space at the $1.05 billion, 5.4 million-square-foot project. The shopping center, which was co-developed by Whitman Family Development and Simon Property Group, opened earlier this month.

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