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  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
  • SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION INC, Negligence-Construction Defect document preview
						
                                

Preview

Filing # 149484886 E-Filed 05/12/2022 02:59:45 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA SHANTINIKETAN 2 CONDOMINIUM, ASSOCIATION, INC., a Florida not-for-profit corporation, Plaintiff, vs. CASE NO.: 2022-CA-000247 SHANTINIKETAN DEVELOPERS 2 LLC, a Florida limited liability company, IGGI BUILDERS LLC, a Florida limited liability company, PFEIFFER CONTRACTING AND CONSTRUCTION, INC., a Florida profit corporation, RABITS & ROMANO ARCHITECTURE, INC., K & M TRUSS, INC., a Florida profit corporation, and TURNKEY CONSTRUCTION PLANNERS, INC., a Florida profit corporation, Defendants. / PFEIFFER CONTRACTING AND CONSTRUCTION, INC.’S MOTION TO STAY PENDING PLAINTIFF’S COMPLIANCE WITH CHAPTER 558, FLORIDA STATUTES The Defendant, PFEIFFER CONTRACTING AND CONSTRUCTION, INC., (“PFEIFFER”), by and through its undersigned counsel and hereby moves to stay this action pending SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION, INC.’s (the “PLAINTIFF”) compliance with Chapter 558, Florida Statutes, and in support thereof states as follows: I BACKGROUND 1 This action arises out of alleged defects and deficiencies in the development, design, and construction of Shantiniketan 2 Condominium, situated in Lake County, Florida (the “Project.”) 2. On or about April 22, 2022, PLAINTIFF filed its Motion for Leave to File Amended Complaint against numerous parties allegedly involved in the original design and construction of Page | of 5 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/12/2022 03:02:49 PM. the Project, including PFEIFFER. A true and correct copy of PLAINTIFF’s Motion for Leave and Amended Complaint is attached hereto as Exhibit “A” (the “Amended Complaint.”) 3 PLAINTIFF’s Amended Complaint alleges PFEIFFER served as one of the builders of record for the Project. 4 On April 26, 2022, PFEIFFER’s counsel sent correspondence to PLAINTIFF’s counsel requesting a copy of the 558 Notice consistent with the allegations contained within the Amended Complaint, as required by 558.003, Fla. Stat. 5 On April 26, 2022, PLAINTIFF’s counsel responded to PFEIFFER’s counsel with an attached 558 Notice dated January 20, 2022 (the “558 Notice”) sent to PFEIFFER. The 558 Notice contains, generally, defects related to roofing limited to the clubhouse at the Project. A true and correct copy of the 558 Notice is attached hereto as Exhibit “B.” 6 On or about May 2, 2022, the Court entered an Order granting Plaintiff's Motion for Leave to File the Amended Complaint. I. ARGUMENT PLAINTIFF failed to give proper notice to PFEIFFER prior to filing the instant action, and this action must be stayed, pending PLAINTIFF’s compliance with the requirements of Chapter 558, Florida Statutes. PLAINTIFF’s Amended Complaint asserts three causes of action against PFEIFFER — Negligence (Count VII), Violation of Section 553.84, Florida Statutes (Count VIII), and Breach of Implied Warranty (Count IX) related to alleged construction defects at the Project. However, PFEIFFER never received a 558 Notice as required by Chapter 558, Florida Statues from PLAINTIFF consistent with the allegations contained within PLAINTIFF’s Amended Complaint. In fact, PLAINTIFF’s Amended Complaint alleges various construction defects at the Project that are outside the narrow scope of the 558 Notice sent to PFEIFFER. While the 558 Page 2 of 5 Notice alleges defects related to roofing at the clubhouse of the Project, PLAINTIFF’s Amended Complaint contains allegations related to various other scopes of work, such as stucco, windows, and even patio construction at various locations of the Project (See {10 of the Amended Complaint.) Therefore, PLAINTIFF’s Amended Complaint improperly alleges various “construction defects,” as that term is defined by §558.002, Florida Statutes, in or arising from PFEIFFER’s scope of work without ever having sent proper notice to PFEIFFER. The Florida Legislature created Chapter 558 of the Florida Statutes as a mandatory procedure to “resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners.” §558.001, Florida Statutes. Chapter 558 mandates that a “claimant,” as defined by Chapter 558, “may not file an action subject to this chapter without first complying with the requirements of this chapter.” §558.003, Fla. Stat. PLAINTIFF, a condominium association asserting a claim against PFEIFFER for “construction defects,” falls within the definition of “claimant.” §558.002(2)-(3), (7), Fla. Stat. Chapter 558 mandates: In actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels, serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable, which notice shall refer to this chapter. If the construction defect claim arises from work performed under a contract, the written notice of claim must be served on the person with whom the claimant contracted. §558.004, Fla. Stat. Accordingly, PLANTIFF was required to deliver a timely written notice of any alleged construction defects, referencing Chapter 558, to PFEIFFER prior to bringing PFEIFFER into this lawsuit, such that PFEIFFER could be afforded an opportunity to investigate the alleged defects. Page 3 of 5 Id. This pre-suit notice is mandatory and prohibits a claimant, such as PLAINTIFF, from making a claim in any action until Chapter 558’s requirements have been satisfied. Specifically, Chapter 558 states: A claimant may not file an action subject to this chapter without first complying with the requirements of this chapter. If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter, on timely motion by a party to the action the court shall stay the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements. §558.003, Fla. Stat. Although Paragraph 6 of the Amended Complaint contains an allegation that “all conditions precedent to the institution of this lawsuit have occurred or have been waived,” that allegation is incorrect as to PFEIFFER. PLAINTIFF failed to comply with the requirements of Chapter 558 prior to filing the Amended Complaint against PFEIFFER. Specifically, PLAINTIFF failed to comply with §558.004(1)(a), which requires that a Claimant give notice of the alleged defects at least 60 days prior to filing any action, or 120 days if the action involves an association representing more than 20 parcels. Til. CONCLUSION PLAINTIFF failed to give proper notice to PFEIFFER prior to filing the instant action. Consequently, PFEIFFER has been denied the litany of rights it is afforded by Chapter 558, and this action must be stayed, at least as to PFEIFFER, pending PLAINTIFF’s compliance with the requirements of Chapter 558, Florida Statutes. §558.003, Fla. Stat. PFEIFFER does not waive and expressly reserves its right to assert any and all claims and defenses in this action pending PLAINTIFF’s compliance with the requirements of Chapter 558, Florida Statutes. This includes, but is not limited to, PFEIFFER’s strenuous denial of any liability Page 4 of 5 for the purported breach of implied warranty, negligence, and building code violations alleged against it. WHEREFORE, Defendant, PFEIFFER BUILDERS, LLC, respectfully requests that this Court Stay the instant action pursuant to the provisions of Chapter 558, Florida Statutes; and grant any such other relief in favor of PFEIFFER that this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 12th day of May, 2022, I electronically filed the foregoing with the Clerk of the Court by using the ECF system, which will send a notice of electronic filing to all parties on the E-Portal registered in this case. WRIGHT, FULFORD, MOORHEAD & BROWN, P.A. /s/ Timothy R. Moorhead TIMOTHY R. MOORHEAD, ESQUIRE Florida Bar Number: 472840 BROOKE E. BOINIS, ESQUIRE Florida Bar Number: 1031491 505 Maitland Avenue, Suite 1000 Altamonte Springs, Florida 32701 Telephone: 407-425-0234 Facsimile: 407-425-0260 Emails: tmoorhead@wfmblaw.com bboinis@wfmblaw.com Attorneys for Defendant, Pfeiffer Contracting And Construction, Inc. 2107-323 Page 5 of 5 Filing # 148242977 E-Filed 04/22/2022 04:19:02 PM IN THE CIRCUIT COURT OF FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION, INC., a Florida not-for- profit corporation, Plaintiff, CASE NO: 2022-CA-000247 Vv. IGGI BUILDERS LLC, a Florida limited liability company, PFEIFFER CONTRACTING AND CONSTRUCTION, INC., a Florida profit corporation, RABITS & ROMANO ARCHITECTURE, INC., K & M_ TRUSS, INC., a Florida profit corporation, and TURNKEY CONSTRUCTION PLANNERS, INC, a Florida profit corporation, Defendants. / PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Plaintiff, SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION, INC. (“ASSOCIATION”), a Florida not-for-profit corporation, by and through the undersigned counsel, and pursuant to Rules 1.190, 1.210 and 1.250, Florida Rules of Civil Procedure, hereby moves this Court for leave to file an Amended Complaint to add SHANTINIKETAN DEVELOPERS 2 LLC, (“DEVELOPER”) as a defendant, and in support thereof states as follows: Exhibit "A" 1 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 1 On February 10, 2022, ASSOCIATION filed its Complaint against IGGI BUILDERS LLC, PFEIFFER CONTRACTING AND CONSTRUCTION, INC., RABITS & ROMANO ARCHITECTURE, INC., K & M TRUSS, INC., and TURNKEY CONSTRUCTION PLANNERS, INC. (collectively “DEFENDANTS?”), for construction defects, including but not limited to defects to the stucco, building wrap, trusses, windows, and roofing systems installed on/in the condominiums in the community. 2 ASSOCIATION alleged in its complaint that: 1) DEVELOPER was a Florida limited liability company authorized to do business in the State of Florida with its principal place of business in Lake County, Florida, and at all material times served as the developer for the Condominium; 2) after service of a Notice of Claim by the Association pursuant to Chapter 558, Florida Statutes, DEVELOPER filed for Chapter 7 Bankruptcy protection on January 20, 2022; and 3) as a result of DEVELOPER’s Bankruptcy case, ASSOCIATION’s claim against DEVELOPER was stayed. 3 DEVELOPER’s Bankruptcy case was closed on March 24, 2022. 4 This case is still in its early stages and there are no orders scheduling this matter for trial. As such, ASSOCIATION’s motion is not in violation of any order. 2 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 5 The privilege to amend has not been abused by ASSOCIATION. This is ASSOCIATION’s first request to amend. 6 Rule 1.190 of the Florida Rules of Civil Procedure states: Amended and Supplemental Pleadings (a) Amendments. ...Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party. If a party files a motion to amend a pleading, the party shall attach the proposed amended pleading to the motion. Leave of court shall be given freely when justice so requires. A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders. 7 A copy of the proposed Amended Complaint is attached hereto as Exhibit “A.” 8 A party may amend its pleading by leave of court and leave of court shall be freely given when justice so requires. See Rule 1.190(a) Florida Rules of Civil Procedure. The public policy of Florida is to freely allow amendment of pleadings. See Carter v Ferrell, 666 So.2d 556 (Fla. 2d DCA 1995). The trial court's discretion should be exercised in accordance with the public policy to freely allow amendments so that cases may be resolved on their merits. See Craig v East Pasco Medical Center, Inc., 650 So.2d 179 (Fla. 2d DCA 1995). Leave to amend should be liberally granted. See UJCIC v. City of Apopka, 581 So.2d218 (Fla. 5th DCA 1991). 3 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 9 Furthermore, in Mut. of Omaha Ins. Co. v. Gold, 795 So. 2d 119, 122 (Fla. 5th DCA 2001) the Court held, “We note too that prior to this motion, Mutual had not requested leave to amend its affirmative defenses. The amendment does not require additional discovery. Florida has a liberal rule governing amendments to pleadings, and leave to amend should be freely given when justice so requires. Failure to do so constitutes an abuse of discretion. See Johnson v. Headley, 419 So.2d 401 (Fla. 4th DCA 1982) (abuse of discretion to deny motion to amend affirmative defense where motion made in advance of hearing on summary judgment motion).” 10. Rule 1.210(a) of the Florida Rules of Civil Procedure states, in relevant part, “...Any person may at any time be made a party if that person’s presence is necessary or proper to a complete determination of the cause.” 11. Furthermore, Rule 1.250(c) states, in relevant part: “If amendment by leave of court or stipulation of the parties is permitted, parties may be added in the amended pleading without further order of court. Parties may be added by order of court on its own initiative or on motion of any party at any stage of the action and on such terms as are just.” 12. It would serve the best interest of justice in this case if ASSOCIATION’s amendment is allowed. 13. DEFENDANTS will not be prejudiced by the amendment. In Walker y. Senn, 340 So. 2d 975, 976 (Fla. Ist DCA 1976), the Court held: 4 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 It is ordinarily within the trial court's sound discretion as to whether to allow or disallow amendments to pleadings. However, under the facts of this case it is clear that no prejudice could have resulted to appellees. That, coupled with the liberal construction placed upon the rule of civil procedure relating to amendments to pleadings (Rule 1.190, RCP) and the purpose of the rule which is to achieve justice and allow the parties to fully present their respective positions, leads us to hold that the trial court should have permitted appellants to amend their answer. 14. ASSOCIATION counsel has conferred with counsel for DEFENDANTS, and none of the DEFENDANTS’ counsel are opposed to the relief requested in this Motion. WHEREFORE, ASSOCIATION respectfully request this Honorable Court enter an Order Granting its Motion for Leave to File Amended Complaint, and grant such other and further relief as the Court may deem to be just and proper under the circumstances, CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 22, 2022, a true and correct copy of the foregoing instrument was filed with the Clerk of Court via Florida’s e-Filing Portal which will serve an electronic copy via email to all counsel of record. BECKER & POLIAKOFF, P.A. Attorneys for Plaintiff 111 N. Orange Avenue, Suite 1400 Orlando FL 32801 (407) 875-0955 / (407) 999-2209 (fax) phowell@beckerlawyers.com skiernan@beckerlawyers.com tmeyer@beckerlawyers.com 5 LAW OFFICES. BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE « SUITE 1400 * ORLANDO, FL 32801 ‘TELEPHONE (407) 875-0955 skuharske@beckerlawyers.com orlefile@beckerlawyers.com abe Baneta By Patrick C. Howell, Esq. Florida Bar No.: 069299 Scott Kiernan, Esq Florida Bar No.: 0011577 6 LAW OFFICES. BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE « SUITE 1400 * ORLANDO, FL 32801 20151083v.1 ‘TELEPHONE (407) 875-0955 IN THE CIRCUIT COURT OF FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, Plaintiff, CASE NO: 2022-CA-000247 Vv. SHANTINIKETAN DEVELOPERS 2 LLC, a Florida limited liability company, IGGI BUILDERS LLC, a Florida limited liability company, PFEIFFER CONTRACTING AND CONSTRUCTION, INC., a Florida profit corporation, RABITS & ROMANO ARCHITECTURE, INC., K & M TRUSS, INC., a Florida profit corporation, and TURNKEY CONSTRUCTION PLANNERS, INC, a Florida profit corporation, Defendants. / PLAINTIFF’S AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, SHANTINIKETAN 2 CONDOMINIUM ASSOCIATION, _ INC. (“ASSOCIATION”), by and through its undersigned counsel, hereby sues Defendants, SHANTINIKETAN DEVELOPERS 2 LLC, IGGI BUILDERS LLC, PFEIFFER CONTRACTING AND CONSTRUCTION, INC., RABITS & ROMANO ARCHITECTURE, INC., K & M TRUSS, INC., and TURNKEY CONSTRUCTION PLANNERS, INC. (collectively “DEFENDANTS”), and alleges as follows: GENERAL ALLEGATIONS 1 Each cause of action for damages exceeds the sum of Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs and attorneys’ fees. 2. The Condominium property involved in each cause of action is in Lake County, Florida. 1 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 ORLANDO, FL 32801 TELEPHONE (407) 875-0955 3 All causes of action alleged herein are created or arose in Lake County, Florida. Florida. 4 The ASSOCIATION is controlled by unit owners other than the Developer and is comprised of original and subsequent purchasers. 5 The ASSOCIATION demands a trial by jury on all issues so triable. 6 All conditions precedent to the institution of this lawsuit have occurred or have been waived. PLAINTIFF 7 The ASSOCIATION is a Florida not-for-profit corporation organized and existing pursuant to Section 718.111, Florida Statutes, for the operation of Shantiniketan 2 Condominium, situated in Lake County, Florida, including fifteen (15) multi-unit buildings, infrastructure, and appurtenant common elements (“CONDOMINIUM”). 8 The ASSOCIATION brings this action in its own right and as a class action pursuant to Chapter 718, Florida Statutes, and Florida Rules of Civil Procedure 1.221, as the lawful and adequate representative of the class of owners in each unit of the fifteen buildings comprising the CONDOMINIUM. All unit owners with units within those buildings are members of the ASSOCIATION. 9 The causes of action alleged herein concern matters of common interest to the CONDOMINIUM’s unit owners, including but not limited to, the common elements and all structural and supporting components of the ASSOCIATION, and other various building components, infrastructure, and improvements serving the ASSOCIATION. 10. As a direct result of the acts and omissions of DEFENDANTS and their subcontractors, agents, and/or assigns, the ASSOCIATION and its members have suffered and continue to suffer damages proximately caused by systemic defects and deficiencies in the 2 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 development, design, and construction of the condominiums and common areas, including, but not limited to: Stucco defects; Improper stucco application and installation over masonry and framed walls; Excessive stucco failure as well as stucco delamination, cracking, voids, spalling, debonding, separation from substrate and water intrusion; Improper installation of stucco control joints; stucco control joints placed in improper location and inconsistent stucco control joints; Water penetrating through stucco over masonry and framed walls; Failure to keep moisture out of exterior walls causing deterioration of OSB sheathing, structural framing and interior finishes; Corrosion of metal components; Improper installation of building wrap; Building envelope defects; Inadequate waterproofing; Framing and truss defects; Improper flashing of wall penetrations; Window defects causing water intrusion behind stucco; Window defects causing water intrusion into interior of townhomes; Improper installation of the windows and related components; Improper installation of the sliding glass door assembly resulting in a reverse slope causing water intrusion into interior of the townhomes; Sliding glass door assembly defects causing water intrusion into interior of the townhomes; Improper installation of sealant around the sliding glass door assembly causing water intrusion into interior of the townhomes; Improper waterproofing causing water intrusion into interior of the walls and the interior of the townhomes; No sealant; inadequate sealant; damaged/cracked/failed sealant; Improper installation of flashings and sealing of same; Water intrusion through roof and related components; Roofing system defects; Roof deflections; Improper installation of roof trusses at fire-resistive walls; Improper fastening of roof deck to truss top chords; aa. Improper installation of fire-resistive walls; bb. Missing fire blocking material between units; ce. Improper grading; dd. Inadequate irrigation/rainwater drainage; ee. Inadequate street drainage; ff. Defects in perimeter wall; 88 Improper construction of the roadways; hh. Improper construction of the patios and sidewalks; and IL Defects in the material and workmanship incident to the installation of the above. 3 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 11. The defects and deficiencies listed herein are a violation of design, building and construction practices, the approved architectural plans, industry standards, manufacturer requirements, product specifications and various governmental codes and restrictions including, without limitation, the Florida Building Code and the Florida Green Book, as in effect at the time the CONDOMINIUM was constructed, as well as at the time it was inspected and sold to the public for residential use. 12. The foregoing defects and deficiencies have resulted in damage to the condominiums and common areas, including but not limited to, water penetration that has caused damages to other property, including but not limited to, work performed by other trades, interior finishes and damages to others’ personal property. 13. As a result of the defects and deficiencies associated with the DEFENDANTS’ work, the ASSOCIATION has suffered and continues to suffer damages including, but not limited to: (1) waterproofing failures; (2) water penetration into the building envelopes; (3) flooding; (4) damage to other property; (5) resultant damage to the sheathing, framing, insulation, fasteners, masonry, finishes, drywall, baseboards, flooring, community walls, patios, roadways, sidewalks, retention/detention ponds and drainage system. The resulting damages include, but are not limited to, one subcontractor damaging another subcontractor’s work. 14. In addition to the above damages, the ASSOCIATION and its members will also suffer loss of use damages, including but not limited to, removal and storage of interior furnishings; removal and reinstallation; storage rental; relocation expenses; and temporary residence rental. 15. At all times material hereto, all of the defects, deficiencies and building code violations were or should have been known to DEFENDANTS. 16. The defects and deficiencies were not readily discoverable by the ASSOCIATION or its members through reasonable inspection at the time of purchase, and the ASSOCIATION and 4 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 its members became aware of the defects and deficiencies only after inspections performed by expert consultants. DEFENDANTS 17. SHANTINIKETAN DEVELOPERS 2 LLC is a Florida limited liability company authorized to do business in the State of Florida with its principal place of business in Lake County, Florida (“DEVELOPER”) and at all times material hereto, served as the developer for the CONDOMINIUM. DEVELOPER filed for Chapter 7 bankruptcy protection on January 20, 2022, and as such this matter is currently stayed as to DEVELOPER only. 18. IGGI BUILDERS LLC is a Florida limited liability company authorized to do business in the State of Florida with its principal places of business located in Lake County, Florida (“IGGI”) and at all times material hereto, served as one of the builders of record for the CONDOMINIUM. 19. PFEIFFER CONTRACTING AND CONSTRUCTION, INC., is a Florida corporation authorized to do business in the State of Florida with its principal place of business located in Lake County, Florida (“PFEIFFER”) and at all times hereto, served as one of the builders of record for the CONDOMINIUM. 20. RABITS & ROMANO ARCHITECTURE, INC., is a Florida corporation authorized to do business in the State of Florida with its principal place of business located in Orange County, Florida (“RABITS”) and at all times hereto, served as the architect of record for the CONDOMINIUM and undertook to provide architectural services in preparing the drawings, plans and specifications for the construction of the CONDOMINIUM. 21. K & MTRUSS, INC., is a Florida corporation authorized to do business in the State of Florida with its principal place of business located in Orange County, Florida (“K & M”) and at all times hereto, served as a truss subcontractor of record for the CONDOMINIUM. 5 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 22. TURNKEY CONSTRUCTION PLANNERS, INC., is a Florida profit corporation company authorized to do business in the State of Florida with its principal place of business located in Orange County, Florida (“TURNKEY”) and all at times hereto, served as a roofing subcontractor of record for the CONDOMINIUM. COUNT I-NEGLIGENCE SHANTINIKETAN DEVELOPERS 2 LLC 23. The ASSOCIATION adopts and re-alleges and incorporates paragraphs 1 through 22 of this Amended Complaint, as if fully set forth herein, and further alleges it is entitled to relief based upon the following facts: 24. DEVELOPER owed a duty of care to the ASSOCIATION, as a condominium developer, to properly design and supervise the development and construction to be performed at the CONDOMINIUM. 25. When DEVELOPER undertook to design and supervise the construction of the civil components at the CONDOMINIUM, DEVELOPER knew or should have known that the ASSOCIATION, and the ASSOCIATION’s property, would sustain damage if the design or construction of the CONDOMINIUM was defectively or deficiently performed. 26. Based on the foregoing, DEVELOPER failed to exercise that degree of care and standard of practice in performing its professional services with respect to the design and supervision of the construction of the CONDOMINIUM which a reasonably careful and prudent condominium developer would use under like circumstances, and which is required of condominium developers throughout this locale and in the state of Florida. 27. The existence or cause of the defects and deficiencies are not readily recognizable by persons who lack special knowledge or training, or they are hidden by building components or finishes, and they are latent defects and deficiencies to the ASSOCIATION and to the unit owners who, in the exercise of reasonable diligence, did not discover the existence or cause of such defects 6 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 and deficiencies until after their purchase and occupancy of the CONDOMINIUM’s units. 28. As a direct and proximate result of DEVELOPER’s negligence as alleged above, the ASSOCIATION has been damaged and the ASSOCIATION, through assessment of its members, has been and will be required to expend large sums of money for the repair and maintenance of the property, buildings, infrastructure, and improvements of the CONDOMINIUM and for damages to contents and other property and the work of other contractors, subcontractors or trades at the CONDOMINIUM caused by the structural defects and deficiencies. WHEREFORE, the ASSOCIATION demands judgment against SHANTINIKETAN DEVELOPERS 2 LLC for damages in excess of Thirty Thousand Dollars ($30,000.00), interest and costs of this action. COUNT II — VIOLATION OF SECTION 553.84, FLORIDA STATUTES SHANTINIKETAN DEVELOPERS 2 LLC 29. The ASSOCIATION adopts and re-alleges and incorporates paragraphs | through 22 of this Amended Complaint, as if fully set forth herein, and further alleges it is entitled to relief based upon the following additional facts: 30. DEVELOPER designed the CONDOMINIUM, and allowed it to be constructed, with civil component design defects and deficiencies in violation of the Florida Building Code, and thereby violated Section 553.84, Florida Statutes. DEVELOPER knew, or should have known, that these violations existed. 31. The existence or cause of the defects and deficiencies are not readily recognizable by persons who lack special knowledge or training, or they are hidden by building components or finishes, and they are latent defects and deficiencies to the unit owners who, in the exercise of reasonable diligence, did not discover the existence or cause of such defects and deficiencies until after their purchase and occupancy of the CONDOMINIM units. 32. As a direct and proximate result of DEVELOPER’s violation of Section 553.84 7 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 aforesaid, the ASSOCIATION has been damaged and the ASSOCIATION, through assessment of its members, has been and will be required to expend large sums of money for the repair and maintenance of the property, buildings, infrastructure, and improvements of the CONDOMINIUM and for the damages to contents and other property, and to the work of other contractors, subcontractors or trades at the CONDOMINIUM, caused by these defects and deficiencies. 33. As a direct and proximate result of the above violations of Section 553.84, Florida Statutes, the ASSOCIATION, through assessment of its members, has been and will be required to expend large sums of money to remedy the defects and deficiencies and the damage caused thereby. WHEREFORE, the ASSOCIATION demands judgment against SHANTINIKETAN DEVELOPERS 2 LLC for damages in excess of Thirty Thousand Dollars ($30,000.00), interest and costs of this action. COUNT III - BREACH OF IMPLIED WARRANTY SHANTINIKETAN DEVELOPERS 2 LLC 34, The ASSOCIATION adopts and re-alleges and incorporates paragraphs 1 through 22 of this Amended Complaint, as if fully set forth herein, and further alleges it is entitled to relief based upon the following facts: 35. DEVELOPER, pursuant to Section 718.203, Florida Statutes, impliedly warranted that each parcel was reasonably fit for its intended purpose and that the CONDOMINIUM and overall lot and improvements were constructed in accordance with proper plans and specifications, applicable building codes, good design, engineering and construction practices. 36. DEVELOPER breached the aforesaid implied warranties in that the CONDOMINIUM, overall lot and improvements, were not reasonably fit for their intended purposes and were not constructed in compliance with the requirements of applicable building codes, in accordance with proper and approved construction plans and specifications, and in 8 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 accordance with good design, engineering, and construction practices, as a direct and proximate result of which the CONDOMINIUM, and the overall lot and improvements, were constructed and sold with defects and deficiencies. 37. The defects and deficiencies, including their existence and cause, referred to above are latent. 38. As a direct and proximate result of DEVELOPER’s breach of implied warranties as alleged above, the ASSOCIATION has been damaged and the ASSOCIATION, through assessment of its members, has been and will be required to expend large sums of money for the repair and maintenance of the property, buildings, and improvements of the CONDOMINIUM and for damages to contents and other property and the work of other contractors, subcontractors or trades at the CONDOMINIUM caused by the structural defects and deficiencies. WHEREFORE, the ASSOCIATION demands judgment against SHANTINIKETAN DEVELOPERS 2 LLC for damages in excess of Thirty Thousand Dollars ($30,000.00), interest and costs of this action. COUNT IV-NEGLIGENCE 1GGI BUILDERS LLC 39. The ASSOCIATION adopts and re-alleges and incorporates paragraphs 1 through 22 of this Amended Complaint, as if fully set forth herein, and further alleges it is entitled to relief based upon the following facts: 40. IGGI owed a duty of care to the ASSOCIATION, as a condominium builder, to properly construct and supervise the construction to be performed at the CONDOMINIUM. 41. When IGGI undertook to construct and supervise the construction of the CONDOMINIUM, IGGI knew or should have known that the ASSOCIATION, and the ASSOCIATION’s property, would sustain damage if the design or construction of the CONDOMINIUM was defectively or deficiently performed. 9 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 42. Based on the foregoing, IGGI failed to exercise that degree of care and standard of practice in performing its professional services with respect to the design and supervision of the construction of the CONDOMINIUM which a reasonably careful and prudent condominium builder would use under like circumstances, and which is required of builders throughout this locale and in the state of Florida. 43. The existence or cause of the defects and deficiencies are not readily recognizable by persons who lack special knowledge or training, or they are hidden by building components or finishes, and they are latent defects and deficiencies to the ASSOCIATION and to the unit owners who, in the exercise of reasonable diligence, did not discover the existence or cause of such defects and deficiencies until after their purchase and occupancy of the CONDOMINIUM’s units. 44, As a direct and proximate result of IGGI’s negligence as alleged above, the ASSOCIATION has been damaged and the ASSOCIATION, through assessment of its members, has been and will be required to expend large sums of money for the repair and maintenance of the property, buildings, infrastructure, and improvements of the CONDOMINIUM and for damages to contents and other property and the work of other contractors, subcontractors or trades at the CONDOMINIUM caused by the structural defects and deficiencies. WHEREFORE, the ASSOCIATION demands judgment against IGGI BUILDERS LLC for damages in excess of Thirty Thousand Dollars ($30,000.00), interest and costs of this action. COUNT V - VIOLATION OF SECTION 553.84, FLORIDA STATUTES 1GGI BUILDERS LLC 45. The ASSOCIATION adopts and re-alleges and incorporates paragraphs 1 through 22 of this Amended Complaint, as if fully set forth herein, and further alleges it is entitled to relief based upon the following additional facts: 46. IGGI constructed the CONDOMINIUM with civil component design defects and deficiencies in violation of the Florida Building Code, and thereby violated Section 553.84, 10 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 Florida Statutes. GGI knew, or should have known, that these violations existed. 47. The existence or cause of the defects and deficiencies are not readily recognizable by persons who lack special knowledge or training, or they are hidden by building components or finishes, and they are latent defects and deficiencies to the unit owners who, in the exercise of reasonable diligence, did not discover the existence or cause of such defects and deficiencies until after their purchase and occupancy of the CONDOMINIM units. 48. As a direct and proximate result of DEVELOPER’s violation of Section 553.84 aforesaid, the ASSOCIATION has been damaged and the ASSOCIATION, through assessment of its members, has been and will be required to expend large sums of money for the repair and maintenance of the property, buildings and improvements of the CONDOMINIUM and for the damages to contents and other property, and to the work of other contractors, subcontractors or trades at the CONDOMINIUM, caused by these defects and deficiencies. WHEREFORE, the ASSOCIATION demands judgment against IGGI BUILDERS LLC for damages in excess of Thirty Thousand Dollars ($30,000.00), interest and costs of this action. COUNT VI - BREACH OF IMPLIED WARRANTY IGGI BUILDERS LLC 49. The ASSOCIATION adopts and re-alleges and incorporates paragraphs | through 22 of this Amended Complaint, as if fully set forth herein, and further alleges it is entitled to relief based upon the following facts: 50. IGGI, pursuant to Section 718.203, Florida Statutes, impliedly warranted that each parcel was reasonably fit for its intended purpose and that the CONDOMINIUM and overall lot and improvements were constructed in accordance with proper plans and specifications, applicable building codes, good design, engineering, and construction practices. Sl. IGGI breached the aforesaid implied warranties in that the CONDOMINIUM, overall lot and improvements, were not reasonably fit for their intended purposes and were not 11 LAW OFFICES BECKER & POLIAKOFF, P.A. 111 N. ORANGE AVENUE * SUITE 1400 * ORLANDO, FL 32801 TELEPHONE (407) 875-0955 constructed in compliance with the requirements of applicable building codes, in accordance with proper and approved construction plans and specifications, and in accordance with good design, engineering, and construction practices, as a direct and proximate result of which the CONDOMINIUM, overall lot and improvements, were constructed and sold with defects and deficien