Codina loses appeal in Doral condominium construction dispute

Codina Partners’ legal bill from fighting Grycon keeps rising, now hitting $12 million after losing an appeal.

Coral Gables-based Codina, led by Chairman Armando Codina and CEO Ana-Marie Codina Barlick, had contested a lower court’s $7.8 million verdict in favor of Fort Lauderdale-based Grycon.

The Third District Court of Appeals last week affirmed Miami-Dade Circuit Court Judge William Thomas’ 2022 ruling that Codina wrongfully terminated Grycon as the general contractor for 5350 Park, a 251-unit condominium at 5350 Northwest 84th Avenue, and adjacent garage in Doral. The 19-story tower is within Downtown Doral, a master-planned mixed-use development by Codina. 

In 2020, Grycon sued the Codina affiliate that developed 5350 Park shortly after the construction firm was fired on the same day that the building obtained a certificate of occupancy. At the time, Grycon alleged it was owed $4.1 million in unpaid work, the lawsuit states. 

In addition to the $7.8 million, the appeals court awarded Grycon another roughly $4.2 million for the company’s legal fees, court records show. 

In a statement, Armando Codina said his firm is “reviewing all our alternatives and available legal options.” 

“In reading the [appeals] court’s opinion, it’s difficult to understand why they would cite previously unrelated cases without approaching the merits of our case in an independent and objective manner,” Armando Codina said. “In my four decades as a real estate developer, I have never been involved in a commercial litigation.”

The Codina affiliate also has a pending countersuit against Grycon in Miami-Dade Circuit Court that was stayed pending the outcome of the appeal, court records show. 

Suing Codina was also a first for his company, Grycon President Eric Montes de Oca said in a statement. 

“This lawsuit was the first time Grycon has ever had to pursue a final payment through the judicial system for a job we and our subcontractors had completed,” Montes de Oca said. “The appellate court’s unanimous opinion affirming the ruling of the trial judge represents total vindication of our people and our work. We trusted the system and it worked.”

Stuart Sobel, Grycon’s attorney, said Codina didn’t have “much ground” for filing an appeal. “This should never have gone this far,” Sobel said. “We tried to resolve this [long] before we filed a lawsuit, as well as during and after the trial. We couldn’t get any traction.”

In his ruling, Thomas cited testimony and evidence during the non-jury trial that showed 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.