Six years on, Kolter Signature Homes lawsuit goes to trial

$36 million lawsuit is seeking damages for alleged sub-standard work

TRD MIAMI /
Sep.September 26, 2016 12:00 PM

After six years of legal maneuvering one of the longest-running cases over faulty construction in Florida is finally going to trial.  

Jury selection starts Tuesday in a case pitting the San Matera Condominium Association against Kolter Signature Homes, and other defendants for alleged sub-standard architecture, engineering and construction work at San Matera at the Gardens, located just off PGA Boulevard in Palm Beach Gardens in Palm Beach County.

More than 30 lawyers have worked on the case over the years, and the trial will be held in a specially modified courtroom in Delray Beach in order to accommodate the large number of defendants, lawyers and plaintiffs.   

David Haber, of Haber Slade, the Miami-based firm that is representing the San Matera Condo association, said his firm is seeking $36 million in damages from Kolter and other defendants. He said Kolter Signature Homes reorganized behind The Grand at Palm Beach Gardens, a limited liability Delaware-based corporation, but that Kolter served as both the developer and contractor on the project. “The main defendant is the Grand, and Kolter Signature Homes, the contractor, because Kolter Signature Homes built it,” said Haber.   

Kolter itself has sued a number of sub-contractors on the project, but Haber said ultimately Kolter is responsible for what happened at San Matera. “The court has issued rulings already that the developer and the contractor can’t waive away their statutory obligations under the condominium act, nor can the general contractor push off on someone else their obligation to build within the building code.”

Michael Hornreich, of the Orlando-based firm Weinberg Wheeler, who is representing Kolter Homes, declined to comment on the case.    

Condo owners say years after they moved into their units, water continues to leak though sliding glass doors, and windows down to foundation slabs. Jackie Durham, the San Matera condo board president, said owners have already spent about $2 million on repairs, to fix structural damage that was largely hidden from view when the owners bought their units because much of it was behind exterior walls or in roof areas.  

“It’s really bad, we’re having to take stucco off and replace plywood sheeting, which is usually soaking wet, with rusting stubs, down to the substrate,” Durham said. “We just had a board meeting and a man said water was leaking into his bedroom.”


Related Articles

arrow_forward_ios
Gil Dezer with a rendering of Porsche Design Tower and Residences by Armani/Casa (Credit: ARX via Madison Global)

Miami judge will rule if ex-Dezer COO is entitled to more than $10M in profits

Miami judge will rule if ex-Dezer COO is entitled to more than $10M in profits
Diane Von Furstenberg, Brookfield Properties Bruce Flatt, and the DVF store in the Shops at Merrick Park (Getty, Google Maps)

Brookfield seeks to evict Diane Von Furstenberg at Merrick Park

Brookfield seeks to evict Diane Von Furstenberg at Merrick Park
1 Hotel South Beach (Credit: Google Maps)

Starwood Capital affiliate sues 1 Hotel & Homes South Beach condo association for trademark infringement

Starwood Capital affiliate sues 1 Hotel & Homes South Beach condo association for trademark infringement
David Martin, Rene Gonzalez and Glass 120 Ocean Drive (RGA, Google Maps)

Glass condo owners in South Beach sue Terra, architect and contractors, alleging construction defects

Glass condo owners in South Beach sue Terra, architect and contractors, alleging construction defects
Prive at Island Estates and BH3’s Charlie Phelan, Greg Freedman and Daniel Lebensohn and Gary Cohen

Privé at Island Estates developer sues Suffolk Construction over defects

Privé at Island Estates developer sues Suffolk Construction over defects
A Sunny Isles Beach landlord said a restaurant refused relief and vacated the property.

RK Centers alleges restaurant refused Covid relief, vacated property

RK Centers alleges restaurant refused Covid relief, vacated property
A Miami family alleges it was swindled out of millions of dollars as part of an investment scheme to flip houses. (Credit: iStock)

Miami family seeks to recover $6M from alleged home flipping schemers: lawsuit

Miami family seeks to recover $6M from alleged home flipping schemers: lawsuit
Denis-Christel Sassou Nguesso and 900 Biscayne Boulevard (Credit: Wikipedia and Facebook)

Congo president’s son allegedly used embezzled money to buy Miami condo

Congo president’s son allegedly used embezzled money to buy Miami condo
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...