Privé at Island Estates developer sues Suffolk Construction over defects

Developer alleges general contractor appeared to abandon project without making fixes at the two-tower Aventura condo project

Miami /
Jun.June 26, 2020 12:30 PM

Prive at Island Estates and BH3’s Charlie Phelan, Greg Freedman and Daniel Lebensohn and Gary Cohen

Two years after winning a protracted legal battle with neighboring property owners, the developer of Privé at Island Estates in Aventura has a new adversary in its sights.

Privé Developers LLC sued Suffolk Construction in Miami-Dade Circuit Court earlier this month for alleged construction defects and delays at the 160-unit luxury condominium project at 5000 Island Boulevard. The complaint also accuses the Boston-based general contractor of abandoning the job before it was supposed to finish addressing the defects.

Privé Developers is a partnership between Gary Cohen and BH3. In a statement, BH3 co-founder Daniel Lebensohn said: “We are advocating on behalf of our owners and their desire to have every aspect of the Privé project completed impeccably and enforce their contractual rights.”

Jay Tangney, Suffolk vice-president and general counsel, did not respond to two phone messages seeking comment.

The lawsuit comes two years after a jury sided with the developer in a contentious lawsuit brought by the Williams Island Property Owners Association in 2013 to stop the project. Cohen and BH3 were awarded $26 million, but settled for $21.6 million.

According to the latest complaint, Suffolk was supposed to complete Privé’s two 14-story towers on Aug. 4, 2017. When Suffolk failed to achieve substantial completion by May 2018, Suffolk CEO John Fish allegedly told Privé Developers his firm would give back its money if the general contractor didn’t deliver on its promise, the lawsuit states. Instead, Suffolk “appeared to abandon the project as various unresolved deficiencies and defects persisted.”

The defects included cracking stucco in some areas of the buildings, visible leaks from pipes and cracked pool deck tiles, according to the complaint. In January 2018, Privé Developers claimed it submitted a report documenting the defects to Suffolk, but the general contractor did not fix any of the deficiencies, the suit states.

A year later, Suffolk submitted a claim with its insurance company on behalf of Privé Developers, but it was denied because the general contractor failed to provide supporting backup documentation, the lawsuit alleges. In November 2019, Privé Developers sent Suffolk a notice of default.

Privé, which sits on an 8-acre island, includes 70,000 square feet of amenities with a large art collection, two 10,000-square-foot fitness centers, pools, Jacuzzis, and a private marina. The condo development is 90 percent sold, according to its website.


Related Articles

arrow_forward_ios
The Oceana in Key Biscayne (Condo.com, iStock)
Oceana Key Biscayne closing tops Miami-Dade’s weekly condo sales
Oceana Key Biscayne closing tops Miami-Dade’s weekly condo sales
Centro Miami
Harvey Hernandez sells Centro Miami units for $3M, avoiding foreclosure
Harvey Hernandez sells Centro Miami units for $3M, avoiding foreclosure
Mayor Shlomo Danzinger and a rendering of Fort Partners’ Hillcrest by the Sea (Facebook, iStock, rendering by O' Donnell Dannwolf & Partners Architects)
Town of Surfside sued after approving project next to aging condo building
Town of Surfside sued after approving project next to aging condo building
Fendi Chateau Ocean Residences, Apogee, Rise at Brickell City Centre and Faena House (Condo.com, iStock)
Here are Miami-Dade’s top condo sales in May
Here are Miami-Dade’s top condo sales in May
The lot where the Champlain Towers South once stood with Terra's David Martin, John Moriarty & Associates president John Moriarty, Davide Bizzi of Bizzi & Partners (Terra, Moriarty & Associates, Getty, RisMedia)
$1B Surfside settlement signals condo association, construction insurance premium hikes
$1B Surfside settlement signals condo association, construction insurance premium hikes
From left: RVOR's Oscar Rodriguez, Ricardo Vadia, and AMAC's Maurice Kaufman in front of 17990 West Dixie Highway near Aventura (Google Maps, AMAC, RVOR, iStock)
AMAC, ROVR score $67M construction loan for Aventura Park multifamily project
AMAC, ROVR score $67M construction loan for Aventura Park multifamily project
The site of the Champlain Towers South collapse at 8777 Collins Avenue in Surfside, FL. with the settlement agreement (Circuit Court for Miami-Dade County, Loopnet)
Surfside collapse $1B settlement breakdown revealed
Surfside collapse $1B settlement breakdown revealed
The lot where the Champlain Towers South once stood (Getty)
Settlement in Surfside condo collapse now over $1B
Settlement in Surfside condo collapse now over $1B
arrow_forward_ios

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

Loading...