The Real Deal Miami

Aria on the Bay and neighboring apartment building settle lawsuit

Lawsuit alleges building engineer was almost hit by a steel reinforcing bar that fell from Aria
By Katherine Kallergis | December 06, 2016 02:05PM

Aria on the Bay construction at the end of November. Inset: Carlos, Martin and Jose Melo

Aria on the Bay construction at the end of November (Credit: Azeez Bakare Studios). Inset: from left Carlos Melo, Martin Melo and Jose Melo

Aria on the Bay and a neighboring apartment building have settled a lawsuit tied to construction of the Miami condo tower.

Bay Parc Plaza Apartments, at 1756 North Bayshore Drive, sued Bayshore Plaza I LLC (an entity controlled by the Melo family) and L&R Structural Corp.  in October over claims of “dangerous” construction debris, including “raw, uncured concrete” falling from more than 100 feet above the ground of the Aria project site and crashing onto the entrance of Bay Parc Plaza, according to the lawsuit.

“Falling lumber and nails have crashed onto the site in dangerously close proximity to people on Plaintiff’s property … In another incident debris falling from the project shattered the rear window of a car parked on Plaintiff’s property,” the lawsuit states. It goes on to allege that a Bay Parc building engineer was almost hit by a steel reinforcing bar that fell from Aria on the Bay, and could have been “severely injured.”

Bay Parc was requesting an emergency temporary and prohibitory injunction be instated and the immediate installation of protective structures. The plaintiff also alleged that the defendants were indifferent and had ignored requests to work to prevent falling debris. David Freedman, an attorney for Bay Parc Plaza, said both parties resolved their issues. Court records show the lawsuit was dismissed pursuant to settlement at the end of November, which means a settlement was reached. A spokesperson for Melo Group confirmed that a settlement was reached but declined to provide details.

Construction of Aria on the Bay as of Nov. 18

Construction of Aria on the Bay as of Nov. 18 via Azeez Bakare Studios(click to enlarge)

Aria on the Bay, at 1770 North Bayshore Drive, has reached its 34th floor of 53 stories of construction. (Construction had reached 32 stories at the time the lawsuit was filed.) It’s on track to top off in April and be completed by the end of the first quarter of 2018, according to a press release unrelated to the litigation.

Amenities at Aria will include a 14th floor amenity deck, four swimming pools, fire pits, outdoor summer kitchens, a spa, gym, yoga studio and theater. It will also feature 20,000 square feet of commercial space on the ground and lower floors. Arquitectonica is the project architect. The project, which is registered in New York, is more than 75 percent presold. Cervera Real Estate is handling sales.