Miami Partners, George Truitt and Anthony Lopez, and Miami Associate, Andrea Faverio, secured a significant victory in a complex construction dispute in Miami-Dade County.
Plaintiff, the owner of an exclusive mix of Class A office space and a showroom gallery in Miami’s Design District, sought $15 million in consequential damages. CSK represents the General Contractor who took over the beleaguered project after the first elevated slab had been poured. The Developer-Landlord claimed large exterior terraces were inadequately waterproofed, causing water intrusion into the tenants’ spaces and the stucco system was poorly installed on the concrete substructures. The Court granted our Motion for Partial Summary Judgment, finding that the prime construction contract contained a clear and unambiguous waiver of such claims. Although Plaintiff argued that a narrow exception in the contract’s addendum should apply—allowing recovery if the insurance policy covered consequential damages—the Court determined that the policies did not extend such coverage. Additionally, Plaintiff’s attempt to recover under a separate repair protocol agreement was rejected, as the Court found that the terms of the prime contract and addendum were incorporated into that agreement. The Court also dismissed Plaintiff’s evidence in support of their claims as inadmissible hearsay and concluded that the remaining admissible evidence did not create a genuine issue of material fact.
In a thorough, two-day hearing, the Court carefully considered Plaintiff’s multiple briefs and ultimately ruled in our client’s favor. This ruling effectively reduced the Plaintiff’s claims by $15 million, highlighting the strength of our arguments and led to a favorable settlement and resolution of the case.
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