Motion,Ex Parte: Sage Beach Condominium Association, Inc., et al Plaintiff vs. PMG Driftwood LLC , et al Defendant

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                                Filing# 137633145 E-Filed 11/01/2021 12:45:39 PM
 IN THE CIRCUIT COURT OF THE 17TH
 JUDICIAL
 CIRCUIT
 IN
 AND FOR
 BROWARD COUNTY, FLORIDA
 CASE NO. CACE 20-017530
 SAGE BEACH CONDONIMIUM
 CONSOLIDATE CASE NO.:
 ASSOCIATION, INC.,
 CACE 20-017790
 Plaintiff,
 V
 PMG DRIFTWOOD, LLC; GLENEWINKEL
 CONSTRUCTION COMPANY, LLC; URVANX,
 INC.; SHAMROCK ENGINEERING CORP.;
 CALVIN, GIORDANO & ASSOCIATES, INC.;
 CHM STRUCTURAL ENGINEERS, LLC;
 ARMSTRONG AIR CONDITION & HEATING
 OF CENTRAL FLORIDA, INC.; ASSOCIATED
 STEEL AND ALUMINUM, INC.; B. CODY
 PLUMBING, INC.; BRADFORD PRODUCTS, LLC;
 BUILDING ENVELOPE SYSTEMS, INC.;
 CONSTRUCTION SPECIALTIES, INC.; DUN-RITE
 MARBLE & GRANITE, INC.; EAST COAST
 CONTRACTORS SUPPLY, INC.; FERGUSON
 ENTERPRISES, INC.; FINE LINE ELECTRIC, INC.;
 FLOOD PANEL, LLC; HOLLYWOOD STONE, INC.;
 J.L.K. CAULKING AND COATINGS COMPANY;
 LUSHLIFE, LLC; NEW DOOR INSTALLATION CO.;
 NEXT DOOR DISTRIBUTION COMPANY; R&L
 PAINTING, INC.; ROSEN MATERIALS, LLC;
 SECURITY INNOVATIVE SOLUTIONS, INC.;
 SOUTHERN COAST ENTERPRISES, INC.; SOUTH
 DADE LIGHTING, INC.; SOUTHERN FIRE CONTROL,
 INC.; TEKTON CONSTRUCTION, CORP.; and
 ZARRELLA CONSTRUCTION, INC.
 Defendants
 PMG DRIFTWOOD, LLC
 Cross-Plaintiff,
 V
 SAGE BEACH CONDOMINIUM ASSOCIATION, INC.
 Cross-Defendant.
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/01/2021 12:45:39 PM.****
 CASE NO. CACE 20-017530
 BRADFORD PRODUCTS, LLC'S MOTION TO STAY PROCEEDINGS
 Defendant, Bradford Products, LLC ("Bradford")by and through its undersigned
 counsel and pursuant to Florida Statute Sections 558.003 and 558.004, seeks entry of an
 Order staying this action, and in support states:
 1.
 This construction defect claim was initiated by the Plaintiff,Sage Beach
 Condominium Association, Inc. against Bradford and 29 additional Defendants.
 2.
 Chapter 558 of the Florida Statutes governs construction defect claims. In
 particular,Section 558.004 requires claimants alleging construction defects to provide
 pre-suitnotice. Specifically,
 Section 558.004(1) provides:
 (1)(a)In actions brought alleging a construction defect, the claimant shall,at least
 60 days before filingany action,or at least 120 days before filingan 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.
 (b)
 The notice of claim must describe in reasonable detail the nature of each
 alleged construction defect and, if known, the damage or loss resultingfrom the
 defect. Based upon at least a visual inspection by the claimant or its agents, the
 notice of claim must identifythe location of each alleged construction defect
 sufficientlyto enable the responding parties to locate the alleged defect without
 undue burden. The claimant has no obligation to perform destructive or other
 testing for purposes of this notice.
 (c)
 The claimant shall endeavor to serve the notice of claim within 15 days after
 discovery of an alleged defect, but the failure to serve notice of claim within 15
 days does not bar the filingof an action, subject to s. 558.003. This subsection
 does not preclude a claimant from filingan action sooner than 60 days, or 120
 days as applicable, after service of written notice as expressly provided in
 subsection (6),subsection (7),or subsection (8).
 Fla. Stat. 558.004(1).
 Page I 2
 COLE, SCOTT & KISSANE, P.A.
 COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-
 5300 - (305) 373-2294 FAX
 CASE NO. CACE 20-017530
 3.
 Furthermore, Section 558.003 requires any action failingto comply with
 Section 558.003 to be stayed pending such compliance:
 A claimant may not filean action subject to this chapter without firstcomplying with
 the requirements of this chapter. Ifa claimant files an action alleginga 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.
 Fla. Stat. 558.003.
 4.
 Plaintiff has failed to provide Bradford with notice in compliance with Section
 558.004(1). Therefore, this action must be stayed.
 WHEREFORE, Defendant, Bradford Products, LLC, respectfullyrequests that this
 Court enter an Order staying this action pending Plaintiff's compliance with Florida Statute
 Section 558.04(1) and for such further relief as this Court deems justand proper.
 CERTIFICATE OF SERVICE
 WE HEREBY CERTIFY that on November 1,2021, a true and correct copy of the
 foregoing has been furnished by electronic mail through the Florida Courts E-FilingPortal
 to all counsel of record.
 COLE, SCOTT & KISSANE, P.A.
 Counsel for Bradford Products, LLC
 600 North Pine Island Road
 Lakeside Office Center, Suite 500
 Plantation, FL 33324
 Tel.:
 (954) 473-1112
 Fax:
 (954) 474-7979
 Email: Robert.DeFIesco@}cskleqal.corn
 Jana.Fried@cskleqal.com
 By--
 /s/ Jana M. Fried
 ROBERT H. DE FLESCO, 111
 FBN: 90831
 JANA M. FRIED
 FBN: 60267
 Page I 3
 COLE, SCOTT & KISSANE, P.A.
 COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-
 5300 - (305) 373-2294 FAX