Turnberry Ocean Club Sues Soffer’s Dev Team, Alleges Defects

Turnberry Ocean Club’s condo association is suing the developer, contractor, subcontractors and the rest of the team that built the waterfront Sunny Isles Beach condo tower, alleging a laundry list of alleged defects.

Billionaire Jeffrey Soffer’s Aventura-based Fontainebleau Development, Fontainebleau Construction, architect Robert Swedroe and his firm Swedroe Architecture, DeSimone Consulting Engineers, Biscayne Construction Company, Boulanger Drywall Corp. and 12 other subcontractors are being sued over alleged issues with the construction of the 54-story, 154-unit building at 18501 Collins Avenue.

The oceanfront tower was completed in 2020. It’s one of the properties that developer Soffer kept when he separated from Turnberry Associates, the Aventura-based firm that his sister, Jackie Soffer, leads. Last year, an Argentinian investor paid $30 million for a triplex penthouse in the building.

The lawsuit alleges that design and construction deficiencies were found in the common areas and individual units, including at the pool deck, balconies, entrance, parking garage, life-safety components, elevators and more. The lawsuit claims issues with the concrete, stucco, glazing and waterproofing; exposed and corroded steel, cracks in the walls, failed paint, and a failure to design and build the project in accordance with the American Disabilities Act, according to the complaint.

Brett Mufson, president and a partner at Fontainebleau Development, said he was not familiar with the complaint. It was filed in Miami-Dade Circuit Court in December.

The developer’s attorney, Swedroe, Biscayne Construction and other defendants did not respond to requests for comment. A spokesperson for DeSimone declined to comment. The plaintiff’s attorney, Jason Rodgers-da Cruz of Siegfried Rivera, was not available for comment.

A case management conference with attorneys for both the plaintiffs and attorneys, is set for Monday.

Condo associations have a limited timeframe to file construction defect lawsuits in Florida. Last year, the state legislature amended the statute of limitations and statute of repose for construction defects. The four-year statute of limitations for construction defects remained, but the event that starts the clock now begins when the temporary certificate of occupancy or the certificate of occupancy is issued, or it is completed, or when construction was halted if the project was not completed. The statute of repose, which cuts off certain legal rights if they are not acted on by a specified deadline, was shortened to seven years from 10 years, and the new triggering event applies to this statute as well.

Once a developer completes a building and turns over 90 percent of the units to the unit owners, it has three months to hand over control of the association to the new board.

Soffer’s other condo projects include SeaGlass Jupiter Island, a 10-story, 21-unit development at 1500 Beach Road that Fontainebleau Development and Perko Development Partners completed in late 2022; and the planned Savoy, a10-story, 26-unit boutique condo at 300 Beach Road in Tequesta, also with Perko.

Soffer has long lobbied to expand gambling in Florida. Since paying $12.5 million to acquire the former Mardi Gras Casino and racetrack in 2018, now called the Big Easy Casino, Soffer has sought approval in Tallahassee to shift the gambling permit to his Fontainebleau Miami Beach resort.
Late last year, Soffer completed his long-delayed Fontainebleau Las Vegas, a $2.8 billion, 67-story hotel-casino.