Three major Brickell projects sued over alleged damage to nearby condo towers

1060 Brickell Condominium Association says construction debris from Panorama, 1010 Brickell and the Bond damaged the property

Miami /
Jul.July 16, 2018 08:45 AM

Brickell neighborhood

The developers and builders of some of Miami’s tallest towers are being sued for damage allegedly caused to two neighboring Brickell condo buildings.

Everest National Insurance Company, on behalf of the 1060 Brickell Condo Association, filed a lawsuit in Miami-Dade County Circuit Court against Florida East Coast Realty, Tutor Perini Building Corp., Key International, Moss & Associates, Rilea Group Realty and Coastal Construction Group of South Florida for significant damage to 1060 and 1050 Brickell due to the construction of Panorama Tower, 1010 Brickell and the Bond.

In all, construction of FECR’s Panorama and Rilea Group’s the Bond, which both began in early 2014, and of Key International’s 1010 Brickell, which broke ground in September of that year, allegedly damaged the facade, balconies, railings and building components, a portion of the trellis near the pool deck, the roof and cooling tower of the property at 1050 and 1060 Brickell Avenue, according to the suit.

The condo association’s policy with Everest ran from March 1, 2015 to May 1, 2016, the suit said.

Everest claims that the condo association received complaints from residents about debris, and cement and paint splatter, and that residents lost the use of their balconies. The association had to replace the roof of one of the buildings due to damage from debris impact. The association also alleges that about 45 pounds of dust and cement debris collected in one of the building’s cooling towers, clogging the filter.

On April 24, Everest made an undisclosed payment to the 1060 Brickell condo association to perform remediation to the properties caused by the loss, according to the suit.

Panorama, an 85-story mixed-use tower with apartments, a hotel and commercial space, opened at 1100 Brickell Bay Drive earlier this year. Tutor Perini handled construction.

The Bond, a 44-story, 328-unit condo tower at 1080 Brickell Avenue, opened in April 2017 and was built by Coastal Construction. And Key International and 13th Floor Investments opened 1010 Brickell, a 50-story, 389-unit condo tower at 1010 Brickell Avenue, in August. Moss & Associates was the general contractor.

The lawsuit claims that the developers and general contractors “owed a duty to adjacent property owners and residents … to ensure the development and construction” of the buildings “was within the standard of care for real estate developers under the same or similar circumstances.”

In a statement provided to The Real Deal, Bruce Moldow, executive vice president and chief legal officer of Moss, said, “We believe Moss has no liability in this situation and we will defend the case vigorously.”

Coastal vice president Dan Whiteman said the company does not comment on pending litigation.

FECR, Tutor Perini, Key International and Rilea Group did not immediately respond to requests for comment.

A number of developers have been sued this cycle by neighboring condo associations alleging damage from construction, including Biscayne Beach and Porsche Design Tower. 


Related Articles

arrow_forward_ios
Alex Rodriguez and Constantine Scurtis at far right (Getty)
A-Rod gets 13 lawsuits dismissed that were filed by ex-brother-in-law over real estate empire
A-Rod gets 13 lawsuits dismissed that were filed by ex-brother-in-law over real estate empire
Foreclosure lawsuit targets DoubleTree hotel near Miami International Airport
Foreclosure lawsuit targets DoubleTree hotel near Miami International Airport
Foreclosure lawsuit targets DoubleTree hotel near Miami International Airport
Harvey Hernandez and a rendering of his Brickell project
Harvey Hernandez plans three-tower project on riverfront Brickell site
Harvey Hernandez plans three-tower project on riverfront Brickell site
Louis McMillian of Global International Realty and real estate investor Thomas Conway, president of Miami-based Conway CRE (Global International Realty, LinkedIn via Conway)
Jumping the gun? Miami brokerage sues developer for commission on future Bellsouth land deal
Jumping the gun? Miami brokerage sues developer for commission on future Bellsouth land deal
AIMCO founder Terry Considine and a rendering of the Grand Flamingo tower
Miami Beach board rejects Aimco’s proposal for Grand Flamingo tower
Miami Beach board rejects Aimco’s proposal for Grand Flamingo tower
Cemex CEO Fernando González (Cemex)
Cemex digs into northwest Miami-Dade with $33M purchase of over 150 acres
Cemex digs into northwest Miami-Dade with $33M purchase of over 150 acres
Miami allegedly granted improper height increase for Design District hotel project: lawsuit
Miami allegedly granted improper height increase for Design District hotel project: lawsuit
Miami allegedly granted improper height increase for Design District hotel project: lawsuit
Infinity project (Kobi Karp)
GPI Real Estate wins $6M settlement over failed Sunny Isles Beach project
GPI Real Estate wins $6M settlement over failed Sunny Isles Beach project
arrow_forward_ios

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

Loading...