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Judge orders Codina Partners’ affiliate to pay Grycon $8M in damages
Fort Lauderdale-based general contractor won wrongful termination lawsuit tied to Downtown Doral condo project
Codina Partners now has a $7.8 million bill for allegedly refusing to pay a general contractor that built a Downtown Doral condo project.
Last week, Miami-Dade Circuit Court Judge William Thomas entered a final judgment in favor of Grycon, a Fort Lauderdale-based construction firm that won a non-jury trial in July against Codina affiliate 5350 Park for wrongful termination. In May 2020, Codina fired Grycon on the same day the developer obtained a final certificate of occupancy for the 19-story, 251-unit tower also called 5350 Park at 5350 Northwest 84th Avenue, court records show.
Codina is led by Executive Chairman Armando Codina and the firm’s CEO Ana-Marie Codina Barlick.
Thomas ordered Codina’s affiliate to pay $6.4 million for unpaid work at the condo project, $512,000 for unpaid work at an adjacent parking garage and $940,000 in interest. In addition, Grycon is also entitled to $3.6 million in damages from 5350 Park’s insurer, Arch Insurance.
Stuart Sobel, Grycon’s lawyer, said 5350 Park will also have to pay for his client’s attorney fees. “We have a hearing on a motion to litigate the amount of attorney fees next week,” Sobel said. “Under the contract, they have to pay it.”
However, Codina won’t back down, Sobel said.
“It doesn’t make a lot of business sense to keep fighting,” Sobel said. “They should shut this down. But they are not sitting down at the table to negotiate a resolution.”
The Codina affiliate recently filed a notice to appeal Thomas’ final judgment.
“There is really nothing new here,” Codina Partners General Counsel Joe Jimenez said. “We disagree with the court’s decision. We feel there are quite a number of errors, both factual and legal, and we will pursue our rights.”
Jimenez reiterated a previous statement to The Real Deal that Grycon “fell woefully short of its obligations,” which resulted in a proper firing from the job consistent with the construction contract.
In 2020, shortly after the termination, Grycon sued the Codina affiliate, alleging the developer was seeking to avoid paying a final bill of $3.6 million for the condo project, and about $500,000 for the garage. 5350 Park has a pending countersuit that was filed last year.
Armando Codina previously touted his firm’s impeccable record of avoiding construction litigation during its 42-year history, until the Grycon lawsuit. At the time, Codina said his company has “an undisputed reputation for having fair and honest business relationships.”
Citing testimony and evidence at trial, Thomas found that Grycon had substantially completed the condo project because 5350 Park received its certificate of occupancy, and unit closings had begun months before the building was ready for use.
Codina has built three condominiums at Downtown Doral, including 5350 Park. The company plans to add five more condo buildings to the master-planned mixed-use community.