Preview
Filing # 128893949 E-Filed 06/16/2021 03:44:22 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NUMBER: CACE-21-007710 (03)
CHARLES SERABIAN,
Plaintiff(s),
VS.
RICHARD A. HAMANN AND SONS
DEMOLITION, AND RICK HAMANN &
SON DEMOLITION, INC.,
Defendant(s).
'
RICK HAMANN & SON DEMOLITION, INC.,
Third-Party Plaintiff,
VS.
AMERICAN BUILDING ENGINEERS,INC.,
ABE PROFESSIONAL HOME INSPECTION, INC.
And ABE BORUJERDI,
Third Party Defendants.
'
DEFENDANT, RICK HAMANN & SON DEMOLITION, INC.'S, REQUEST FOR
ADMISSIONS TO PLAINTIFF, CHARLES SERABIAN
Defendant, RICK HAM-ANN & SON DEMOLITION, INC. ('.Cl'HAMA>IN"), by and
through its undersigned counsel, hereby requests that PLAINTIFF admit or deny the following
facts within 30 days of service in accordancewith Fla. R. Civ. P. 1.370 (a).
DEFINITIONS
1.
The "Property" means 1544 East Commercial Boulevard, Oakland Park, Florida
33334, which is the subject ofthis lawsuit.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/16/2021 03:44:22 PM.****
2.
"DemolitionProject"means the demolitionof any existing building or structureon
the Property.
3
"Design Project" means the design of any building or structure on the Property.
4.
"Remodel Project"means the remodel ofany building or structure on the Property.
5.
"ConstructionProject" means the construction of any building or structure on the
Property.
6.
The "CC" means the Certificateof Completion from the City for the Property.
7.
The "OaklandPark Design Contract" means the contract
and
Engineering Design Proposal for Existing Property Located at 1544 East Commercial Blvd., Fort
Lauderdale,FL 33306" entered into by Plaintiff and ABEI on or about December 12,2016.
8
The "First Oakland Park Construction Contract" means the contract entitled
"Constructionof an Existing One-Story Commercial Building for Property Located at 1544 East
Commercial Blvd., Fort Lauderdale, FL 33306" entered into by Plaintiff and ABEI on or about
February 13, 2017.
9-
The "Second Oakland Park Construction Contract" means the contract entitled
"Constructionof an Existing One Story Commercial Building for Property Located at 1544 East
Commercial Blvd., Fort Lauderdale, FL 33306" entered into by Plaintiff and ABEI on or about
January 19, 2018.
10.
"ABEI" means
American
Building Engineers, Inc., its owners, agents,
representatives, employees, officers, directors, attorneys, parents, subsidiaries, affiliates, and
anyone acting or purporting to act on its behalf.
11.
"ABE-PHI" means ABE Professional Home Inspection, Inc. its owners, agents,
representatives, employees, officers, directors, attorneys, parents, subsidiaries, affiliates, and
anyone acting or purporting to act on its behalf.
12.
"Abe" means Abe Borujerdi a/k/a Abbas Borujerdi, his agents, representatives,
attorneys, and anyone acting or purporting to act on his behalf.
13.
"Plaintiff',
.'
'.You" and "Your" refers to the Plaintiffinthis action, Charles Serabian,
and his agents representatives, attorneys and anyone acting or purporting to act on his behalf,
including, but not limited to Carolina Ruiz and Nebojsa Madie.
14.
"Defendant" or "Hamann & Son" means the Defendant in this action, Hamann &
Son Demolition, Inc., and its owners, officers, directors, agents, representatives, employees and
anyone acting or purporting to act on its behalf.
15.
The "City" refers to The City of Oakland Park, Florida.
16.
"FDOT" refers to the Florida Department of Transportation.
17.
"Nassau" refers to Arthur Nassau, and his agents, representatives, attorneys and
anyone acting or purporting to act on his behalf.
18.
"Rankin" refers to Robert Rankin and his agents, representatives, attorneys and
anyone acting or purporting to act on his behalf.
19.
"Mancini" means Richard Mancini and his agents, representatives, attorneys and
anyone acting or purporting to act on his behalf.
20.
The term "document" is defined in the broadest terms permitted by the Florida
Rules of Civil Procedure, and means, without limitation, any digital or electronic data (which shall
include all electronicallystored information("ESI") as required by CBP 7.10), writing, recording
or photograph in your actual or constructivepossession, custody, care or control, which pertain
directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other
matter relevant to the issues in this lawsuit, or which are themselves listed below as specific
documents, including, but not limited to, all items that embody handwritten, typed, printed, oral,
visual, or electronic communications or representations, agreements, letters, carbon copies of
letters, telegrams, telexes, correspondence, papers, pamphlets, periodicals, messages, e-mails,
minutes, bulletins, circulars, notices, objects, specifications, instructions, literature, books,
magazine, newspapers, booklets, work assignments, reports, charts, ledgers, invoices, computer
printouts, microfilms, microfiche, notes, records, studies, motion picture films, videotapes,
kinescopes, soundrecordings or other memorialof any taped or oral communications,meetings or
conferences, photographs, studies, written forecasts, analyses, estimates, desk or other calendars,
appointmentbooks, surveys, memoranda, memorandaof conversations,notes notebooks, diaries,
data sheets, work sheets, calculations,data processing cards, disc, tape or other data compilation
forms in which informationcan be obtained or translated, computer printouts,work papers, charts,
graphs, news clippings, press releases, newspaper accounts, written memoranda of telephone
conversations,postcards, telegrams, interoffice and intra office communications,handwritten or
typewritten notes, video tapes, notices, plans, drawing, maps, schedules, reports, minutes,
directives, bulletins, circulars, contracts, agreements, surveys, notes, letters, diagrams, sketches
and writings of every kind and characterand drafts ofthe aforesaid.
NOTE:
This request encompasses all computer records or files on any
computer, equipment, or files in your actual or constructivepossession, custody,
care or control. Accordingly, even if a particulardocument was deleted, purged, or
archived, this request requires a diligent search of any and all computer records,
hard drives, diskettes, CDs, floppy disks or any other medium on which any
document to any informationrequested herein might reside or be found, specifically
including all backup files or any drive containing any backup or copy of any
documents requested herein.
21.
The term "identify,"when used in reference to a document, includes the name and
address of the custodian of the document, the location of the document, and a general description
of the document, including the following (a) the type of document (i.e., correspondence,
memorandum, facsimile, etc.); (b) the general subject matter of the document; (c) the date of the
document; (d) the author of the document; (e) the addressee(s)of the document; (f) the person(s)
to whom the document was distributed or copied; and (g) the relationship between the author and
addressee(s).
22.
The terms "and," "or," "each," "every,' 'any," "all," "refer,'" "'reflecting," and
"referring" shall be construed in their broadest form and the singular shall include the plural and
the plural shall include the singular whenever necessary so as to bring, within the scope of these
Requests, all Documents (defined below) that might otherwise be construed to be outside their
scope.
23.
"Communication" means any transmission or exchange of information between
two or more persons, orally or in writing, and includes, without limitation, any conversation or
discussion,whether face-to-faceor by means of any telephone, telegraph,telecopier, electronic
or other media.
24.
"Relating to," "relate to," "regarding," 'pertainingto," and "concerning" shall be
construed in their broadest sense and shall mean directly or indirectly describing, setting forth,
discussing, mentioning, commenting upon, supporting,contradicting, or referring to the subject or
topic in question, either in whole or in part.
25.
"Concerning" means relating to, respecting, referring to, summarizing,digesting,
embodying, reflecting, establishing,tending to establish, delegating from, tending not to establish,
evidencing, not evidencing, compromising, connected with, commenting on, responding to,
disagreeing with, showing, describing, analyzing, representing, constituting,or including.
26.
The term "produce" means to make available the documents or things requested
herein for inspection and copying. This request to you for production of documentsis intendedto
obtain information not merely within your possessionbut obtainable by you including, but not
limited to, informationin possessionofyour attorney, employees, investigators,insurance carriers
and their representatives.
27.
All other terms shall be given their plain, ordinary meaning. Terms subjectto more
than one interpretation shall be given the broadestpossible meaning. The singular of any word
shall be deemed to include the plural of such word, and the plural shall include the singular.
28.
If you assert any privilege with respect to the documents requested,please provide
a privilege log which lists the type of document, the date, the author, the recipient, the subject
matter and the privilege asserted.
REQUEST FOR ADMISSIONS
1.
Admit that You have retainedABE, and Abe for construction, development and/or
renovationprojects other than the project at the Property.
2.
Admit that at no point prior to demolitionofthe Building did You have any direct
contact and/or conversationwith Rick A. Hamann, or any representative of HAMANN.
3.
Admit that at no point prior to the commencementof this litigationdid You speak
to any representativeof HAMANN regarding the demolitionperformed at the Property.
4.
Admit that attached as ExhibitA is a true and accurate copy ofthe Broward County
Uniform Building Permit Applicationdated March 1, 2017 as it was submitted after execution by
You on February 15, 2017.
5.
Admit that after You executed the building permit annexed as Exhibit A, You never
executed any revised or supplemental permits related to demolitionat the Property.
6.
Admit that in May 2017 A-Alligator Septic Tank Cleaning performed a full
demolitionof the Property's grease trap for the purpose of a full grease trap abandonment.
7.
Admit that all utilities at the Property were capped and abandoned prior to
HAMANN's demolitionincluding Florida Power and Light for which You were provided written
notice as reflected in attached Exhibit B.
8.
Admit the original project plans dated February 7, 2017 attached as Exhibit C
provide no detail or notes regarding removal of only portions ofthe walls or slabs.
9.
Admit that Sheet S-1 of the project plans entitled FoundationFraming Plan dated
February 27, 2021 calls for new 36" x 16" deep stem wall foundationtop of footing to be 1'-4'..
below slab elevation with no depiction of existing slab or foundations to remain and it is only
shown as new. See Exhibit C.
10.
Admit that Sheet S-2 of the project plans entitled Structural Plan dated February
27, 2021 depicts all new 5' thick slab for the first floor with no indication of leaving any of the
existing slab or details on how to tie the new pour to the old slab. See Exhibit C.
11.
Admit that Sheet S-6 Structural Sections dated February 27, 2021 entitled Wall
Sections 1 -4 depict no sign of existing slab or foundation or walls and all are shown to be new.
See Exhibit C.
12.
Admit that Sheet S-7 Structural Sections dated February 27, 2021 entitled Wall
Sections 5-7 depicts no existing slab or foundationto remain and is all shown as new. See Exhibit
C
13.
Admit that the plans for Interior Tenant Improvement for Structure, Electrical,
Plumbingand Mechanical Systems Sheet P-1 dated March 18, 2018 depict a new restroom location
but not using the existing sewer line installed in Shell permit plans 2017030044 master permit
number, and instead depicts a new sewer line under lab to exit to the South and not to the new line
that runs North. See Exhibit C.
14.
Admit that you have never had any communications with Rick A. Hamann
personally or any representatives ofHAMANN relatingto the demolitionof the Building on the
Property.
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
Florida e-portal June 16,2021 to: Alan L. Raines, Esq., Attorneys for Plaintiff, Wasch Raines,
2500 N. Military Trail, Suite 100, Boca Raton, Florida 33431,
Marshall, Dennehey
Warner, Coleman & Goggin
Counsel for RICK HAMANN & SON
DEMOUTION.WC.
2400 East Commercial Boulevard, Suite 1100
Fort Lauderdale,FL 33308
Telephone No.: (954) 847-4920
FacsimileNo.: (954) 627-6640
pmdelong@mdwcg.com
jmnetska@mdwcg.com
By:
/s/PatrickM. DeLong, Esq.
Patrick M. DeLong, Esq.
Florida Bar Number: 982415
Jennifer M. Netska, Esq.
Florida Bar Number: 1024089
Preview
Filing # 128893949 E-Filed 06/16/2021 03:44:22 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: CACE-21-007710 (03) CHARLES SERABIAN, Plaintiff(s), VS. RICHARD A. HAMANN AND SONS DEMOLITION, AND RICK HAMANN & SON DEMOLITION, INC., Defendant(s). ' RICK HAMANN & SON DEMOLITION, INC., Third-Party Plaintiff, VS. AMERICAN BUILDING ENGINEERS,INC., ABE PROFESSIONAL HOME INSPECTION, INC. And ABE BORUJERDI, Third Party Defendants. ' DEFENDANT, RICK HAMANN & SON DEMOLITION, INC.'S, REQUEST FOR ADMISSIONS TO PLAINTIFF, CHARLES SERABIAN Defendant, RICK HAM-ANN & SON DEMOLITION, INC. ('.Cl'HAMA>IN"), by and through its undersigned counsel, hereby requests that PLAINTIFF admit or deny the following facts within 30 days of service in accordancewith Fla. R. Civ. P. 1.370 (a). DEFINITIONS 1. The "Property" means 1544 East Commercial Boulevard, Oakland Park, Florida 33334, which is the subject ofthis lawsuit. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/16/2021 03:44:22 PM.**** 2. "DemolitionProject"means the demolitionof any existing building or structureon the Property. 3 "Design Project" means the design of any building or structure on the Property. 4. "Remodel Project"means the remodel ofany building or structure on the Property. 5. "ConstructionProject" means the construction of any building or structure on the Property. 6. The "CC" means the Certificateof Completion from the City for the Property. 7. The "OaklandPark Design Contract" means the contract and Engineering Design Proposal for Existing Property Located at 1544 East Commercial Blvd., Fort Lauderdale,FL 33306" entered into by Plaintiff and ABEI on or about December 12,2016. 8 The "First Oakland Park Construction Contract" means the contract entitled "Constructionof an Existing One-Story Commercial Building for Property Located at 1544 East Commercial Blvd., Fort Lauderdale, FL 33306" entered into by Plaintiff and ABEI on or about February 13, 2017. 9- The "Second Oakland Park Construction Contract" means the contract entitled "Constructionof an Existing One Story Commercial Building for Property Located at 1544 East Commercial Blvd., Fort Lauderdale, FL 33306" entered into by Plaintiff and ABEI on or about January 19, 2018. 10. "ABEI" means American Building Engineers, Inc., its owners, agents, representatives, employees, officers, directors, attorneys, parents, subsidiaries, affiliates, and anyone acting or purporting to act on its behalf. 11. "ABE-PHI" means ABE Professional Home Inspection, Inc. its owners, agents, representatives, employees, officers, directors, attorneys, parents, subsidiaries, affiliates, and anyone acting or purporting to act on its behalf. 12. "Abe" means Abe Borujerdi a/k/a Abbas Borujerdi, his agents, representatives, attorneys, and anyone acting or purporting to act on his behalf. 13. "Plaintiff', .' '.You" and "Your" refers to the Plaintiffinthis action, Charles Serabian, and his agents representatives, attorneys and anyone acting or purporting to act on his behalf, including, but not limited to Carolina Ruiz and Nebojsa Madie. 14. "Defendant" or "Hamann & Son" means the Defendant in this action, Hamann & Son Demolition, Inc., and its owners, officers, directors, agents, representatives, employees and anyone acting or purporting to act on its behalf. 15. The "City" refers to The City of Oakland Park, Florida. 16. "FDOT" refers to the Florida Department of Transportation. 17. "Nassau" refers to Arthur Nassau, and his agents, representatives, attorneys and anyone acting or purporting to act on his behalf. 18. "Rankin" refers to Robert Rankin and his agents, representatives, attorneys and anyone acting or purporting to act on his behalf. 19. "Mancini" means Richard Mancini and his agents, representatives, attorneys and anyone acting or purporting to act on his behalf. 20. The term "document" is defined in the broadest terms permitted by the Florida Rules of Civil Procedure, and means, without limitation, any digital or electronic data (which shall include all electronicallystored information("ESI") as required by CBP 7.10), writing, recording or photograph in your actual or constructivepossession, custody, care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this lawsuit, or which are themselves listed below as specific documents, including, but not limited to, all items that embody handwritten, typed, printed, oral, visual, or electronic communications or representations, agreements, letters, carbon copies of letters, telegrams, telexes, correspondence, papers, pamphlets, periodicals, messages, e-mails, minutes, bulletins, circulars, notices, objects, specifications, instructions, literature, books, magazine, newspapers, booklets, work assignments, reports, charts, ledgers, invoices, computer printouts, microfilms, microfiche, notes, records, studies, motion picture films, videotapes, kinescopes, soundrecordings or other memorialof any taped or oral communications,meetings or conferences, photographs, studies, written forecasts, analyses, estimates, desk or other calendars, appointmentbooks, surveys, memoranda, memorandaof conversations,notes notebooks, diaries, data sheets, work sheets, calculations,data processing cards, disc, tape or other data compilation forms in which informationcan be obtained or translated, computer printouts,work papers, charts, graphs, news clippings, press releases, newspaper accounts, written memoranda of telephone conversations,postcards, telegrams, interoffice and intra office communications,handwritten or typewritten notes, video tapes, notices, plans, drawing, maps, schedules, reports, minutes, directives, bulletins, circulars, contracts, agreements, surveys, notes, letters, diagrams, sketches and writings of every kind and characterand drafts ofthe aforesaid. NOTE: This request encompasses all computer records or files on any computer, equipment, or files in your actual or constructivepossession, custody, care or control. Accordingly, even if a particulardocument was deleted, purged, or archived, this request requires a diligent search of any and all computer records, hard drives, diskettes, CDs, floppy disks or any other medium on which any document to any informationrequested herein might reside or be found, specifically including all backup files or any drive containing any backup or copy of any documents requested herein. 21. The term "identify,"when used in reference to a document, includes the name and address of the custodian of the document, the location of the document, and a general description of the document, including the following (a) the type of document (i.e., correspondence, memorandum, facsimile, etc.); (b) the general subject matter of the document; (c) the date of the document; (d) the author of the document; (e) the addressee(s)of the document; (f) the person(s) to whom the document was distributed or copied; and (g) the relationship between the author and addressee(s). 22. The terms "and," "or," "each," "every,' 'any," "all," "refer,'" "'reflecting," and "referring" shall be construed in their broadest form and the singular shall include the plural and the plural shall include the singular whenever necessary so as to bring, within the scope of these Requests, all Documents (defined below) that might otherwise be construed to be outside their scope. 23. "Communication" means any transmission or exchange of information between two or more persons, orally or in writing, and includes, without limitation, any conversation or discussion,whether face-to-faceor by means of any telephone, telegraph,telecopier, electronic or other media. 24. "Relating to," "relate to," "regarding," 'pertainingto," and "concerning" shall be construed in their broadest sense and shall mean directly or indirectly describing, setting forth, discussing, mentioning, commenting upon, supporting,contradicting, or referring to the subject or topic in question, either in whole or in part. 25. "Concerning" means relating to, respecting, referring to, summarizing,digesting, embodying, reflecting, establishing,tending to establish, delegating from, tending not to establish, evidencing, not evidencing, compromising, connected with, commenting on, responding to, disagreeing with, showing, describing, analyzing, representing, constituting,or including. 26. The term "produce" means to make available the documents or things requested herein for inspection and copying. This request to you for production of documentsis intendedto obtain information not merely within your possessionbut obtainable by you including, but not limited to, informationin possessionofyour attorney, employees, investigators,insurance carriers and their representatives. 27. All other terms shall be given their plain, ordinary meaning. Terms subjectto more than one interpretation shall be given the broadestpossible meaning. The singular of any word shall be deemed to include the plural of such word, and the plural shall include the singular. 28. If you assert any privilege with respect to the documents requested,please provide a privilege log which lists the type of document, the date, the author, the recipient, the subject matter and the privilege asserted. REQUEST FOR ADMISSIONS 1. Admit that You have retainedABE, and Abe for construction, development and/or renovationprojects other than the project at the Property. 2. Admit that at no point prior to demolitionofthe Building did You have any direct contact and/or conversationwith Rick A. Hamann, or any representative of HAMANN. 3. Admit that at no point prior to the commencementof this litigationdid You speak to any representativeof HAMANN regarding the demolitionperformed at the Property. 4. Admit that attached as ExhibitA is a true and accurate copy ofthe Broward County Uniform Building Permit Applicationdated March 1, 2017 as it was submitted after execution by You on February 15, 2017. 5. Admit that after You executed the building permit annexed as Exhibit A, You never executed any revised or supplemental permits related to demolitionat the Property. 6. Admit that in May 2017 A-Alligator Septic Tank Cleaning performed a full demolitionof the Property's grease trap for the purpose of a full grease trap abandonment. 7. Admit that all utilities at the Property were capped and abandoned prior to HAMANN's demolitionincluding Florida Power and Light for which You were provided written notice as reflected in attached Exhibit B. 8. Admit the original project plans dated February 7, 2017 attached as Exhibit C provide no detail or notes regarding removal of only portions ofthe walls or slabs. 9. Admit that Sheet S-1 of the project plans entitled FoundationFraming Plan dated February 27, 2021 calls for new 36" x 16" deep stem wall foundationtop of footing to be 1'-4'.. below slab elevation with no depiction of existing slab or foundations to remain and it is only shown as new. See Exhibit C. 10. Admit that Sheet S-2 of the project plans entitled Structural Plan dated February 27, 2021 depicts all new 5' thick slab for the first floor with no indication of leaving any of the existing slab or details on how to tie the new pour to the old slab. See Exhibit C. 11. Admit that Sheet S-6 Structural Sections dated February 27, 2021 entitled Wall Sections 1 -4 depict no sign of existing slab or foundation or walls and all are shown to be new. See Exhibit C. 12. Admit that Sheet S-7 Structural Sections dated February 27, 2021 entitled Wall Sections 5-7 depicts no existing slab or foundationto remain and is all shown as new. See Exhibit C 13. Admit that the plans for Interior Tenant Improvement for Structure, Electrical, Plumbingand Mechanical Systems Sheet P-1 dated March 18, 2018 depict a new restroom location but not using the existing sewer line installed in Shell permit plans 2017030044 master permit number, and instead depicts a new sewer line under lab to exit to the South and not to the new line that runs North. See Exhibit C. 14. Admit that you have never had any communications with Rick A. Hamann personally or any representatives ofHAMANN relatingto the demolitionof the Building on the Property. I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Florida e-portal June 16,2021 to: Alan L. Raines, Esq., Attorneys for Plaintiff, Wasch Raines, 2500 N. Military Trail, Suite 100, Boca Raton, Florida 33431, Marshall, Dennehey Warner, Coleman & Goggin Counsel for RICK HAMANN & SON DEMOUTION.WC. 2400 East Commercial Boulevard, Suite 1100 Fort Lauderdale,FL 33308 Telephone No.: (954) 847-4920 FacsimileNo.: (954) 627-6640 pmdelong@mdwcg.com jmnetska@mdwcg.com By: /s/PatrickM. DeLong, Esq. Patrick M. DeLong, Esq. Florida Bar Number: 982415 Jennifer M. Netska, Esq. Florida Bar Number: 1024089