Sinai Residences in Boca Raton at center of legal disputes alleging $5.8M in unpaid work linked to mold

A mold infestation at an upscale senior living residential complex in Boca Raton has sparked a legal battle over a $3.4 million unpaid bill for repairs, according to a recent lawsuit filed in Palm Beach County Circuit Court.

Boston-based Suffolk Construction Company is suing Federation CCRC Development, which owns Sinai Residences at 21036 95th Avenue South in Boca Raton, for breach of contract.

Suffolk alleges Federation CCRC, a subsidiary of the Jewish Federation of South Palm Beach County, has failed to pay for $1.2 million in remediation work, a $543,923 acceleration fee, an $800,000 claim being held by the owner in connection with a separate lawsuit and $679,471 for work on a green roof, elevated patio and a golf deck.

Meanwhile, Suffolk is being sued by project subcontractor H & J Contracting for $2.4 million in unpaid work. A Suffolk spokesman said the company does not comment regarding ongoing litigation. Representatives for Federation and H and J did not return phone messages seeking comment.

Located on the federation’s campus, Sinai Residences is a $265 million retirement living facility that was completed in 2016. It consists of 237 independent living units, 48 assisted living units, 60 skilled nursing suites and 24 assisted living memory care units. The complex was designed by Perkins Eastman Architects and its subcontractor TLC Engineering.

Construction on Sinai started in 2014, continued into 2015 and it opened mid-2016. It had sold out before it even opened. Residents were required to make upfront payments, ranging from $400,000 for a one-bedroom apartment to $1.3 million for a 2,800-square-foot suite.

In June 2016, the independent living wing experienced elevated humidity levels that resulted in environmental growth in 60 units, according to Suffolk’s complaint. The construction firm agreed to undertake the necessary remediation work. The damage was caused by design errors and omissions, including front doors with no undercuts that prevented the circulation of conditioned air from the corridors to the living units and continuous exhaust fans in the units that exacerbated the indoor humidity, the lawsuit states.

Through revisions provided by Perkins and TLC, Suffolk fixed the mistakes, as well as removed and replaced damaged drywall, flooring, millwork and trim. The remediation work totaled roughly $1.2 million, according to the suit.

H and J Contracting claims it was contracted by Suffolk in March 2014 to perform “earthwork, parking bumpers, pavement markings, and utilities.” The company alleges Suffolk has not paid the agreed upon contract amount of $2.4 million.