The Real Deal Miami

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
By Katherine Kallergis |
Research by Laura Hanrahan
July 16, 2018 08:45AM

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.