Motion-Secondary: GUILLERMO DOMINGUEZ ET AL VS CITIZENS PROPERTY INSURANCE CORPORATION

On May 29, 2019 a Motion-Secondary was filed involving a dispute between Dominguez, Guillermo, Dominguez, Ingrid, and Citizens Property Insurance Corporation, for Contract & Indebtedness in the District Court of Miami-Dade County.

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Filing # 115031262 E-Filed 10/15/2020 01:04:25 PM

IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

GUILLERMO DOMINGUEZ CASE NUMBER: 2019-016161 CA 01
and INGRID DOMINGUEZ, (11)

Plaintiff, CIRCUIT CIVIL DIVISION

CITIZENS PROPERTY
INSURANCE CORPORATION,

Defendant.
____________________________________/

PLAINTIFF’S NOTICE OF FILING AFFIDAVIT OF
SERGE JEAN-LOUIS, IN SUPPORT OF PLAINTIFF’S OPPOSITION
TO DEFENDANT’S MOTION TO STRIKE

Plaintiff hereby files their Affidavit of Serge Jean-Louis, in support of Plaintiff’s Response

to Defendant’s Motion for Summary Judgment.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document has been furnished to:

Counsel for Defendant:
William E. Peters, Jr.
Michelle R. Musa, Esq.
Boyd Richards Parker & Colonnelli, P.L.
1600 W. Commercial Boulevard
Suite 201
Fort Lauderdale, FL 33309
Telephone: (954) 848-2460
Fax: (954) 848-2470
E-mail: serviceFLL@boydlawgroup.com; mmusa@boydlawgroup.com;
tbush@boydlawgroup.com; khawkins@boydlawgroup.com;
wpeters@boydlawgroup.com

www.YourAttorneys.com
J.P. Gonzalez-Sirgo, P.A., 814 Ponce de Leon Blvd.
Suite 504 , Coral Gables, FL 3134
Phone (305) 461
-1095
By E-mail / Mail / Hand Delivery / Facsimile on this 15th day of October , 2020.

Respectfully submitted,

Jorge A. Calil, Esq.
Attorney at Law
J. P. Gonzalez-Sirgo, P.A.
814 Ponce de Leon Boulevard
Suite 504
Coral Gables, Florida 33134
Jorge Direct: (786) 272-5846
Office: (305) 461-1095
Jorge Email: jcalil@yourattorneys.com
Assistant Email: iveth@yourattorneys.com
Email Service: eservice@yourattorneys.com

/s/ Jorge A. Calil, Esq.
F.B.N. 685321
Attorney for Plaintiff

www.YourAttorneys.com
J.P. Gonzalez-Sirgo, P.A., 814 Ponce de Leon Blvd.
Suite 504 , Coral Gables, FL 3134
Phone (305) 461
-1095
IN THE CIRCUIT COURT OF THE 1lTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COLINTY, FLORIDA

GUILLERMO DOMINGUEZ CASE NUMBER:2019-016161 CA 01 (11)
and NGRID DOMINGUEZ.
CIRCUIT CIVL DIVISION
Plaintffi,

CITIZENS PROPERTY
INSURANCE CORPORATION,

Defendant.

AMENDED AFFIDAVIT OF SERGE JEAN.LOUIS II
STATE OF FLORIDA )
t
COLINTY OF MIAMI-DADE )

BEFORE ME, the undersigned authority, personally appeared SERGE JEAN-LOUIS, of

Nicon Contracting & Engineering, Inc. who being first duly sworn, deposes and says:

l. I am a Florida State Licensed Structural Inspector, General Contractor, Roofing

Contractor and FEMA Certified Contractor.

2. I personally inspected the property located at 12778 NW 102nd Place, Hialeah, Florida

330 I 8.

3. In addition to my on-site observations, the following referenced documents were also

reviewed to help form my opinion, findings and recommendations:

a. NBC 6 Weather and News:

b. Standards and Reference Guide for Professional Water Damage Restoration l,

IICRC 5500, 4'h Edition;

c. Gypsum Assoc., "assessing Water Damage to Gypsum Board", (GA-231-06);

www.YourAttorneys.com
Ponce de Leon Boulevard, Suite 504, Coral Gables, FL 33134
J.P.Gonzalez-SirgqP.A.,814
Phone (305) 461-1095
d. Florida Building Code 2014;

e. Dade County Property Appraiser website, 2018;

f. Forensic Engineering'oDamage Assessments for Residential and Commercial

Structures" by Stephen E, Petty, 2013 edition.

4. I have personal knowledge of the matters recited herein as I was provided with access to

the property by the owner and Plaintiff, Guillermo Dominguez, to conduct an inspection

of the subject premises.

5. The purpose of the inspection was to determine the cause of and extent of damages

reported at the residence resulting from a severe storrn on December 20,2018.

6. I inspected the subject structure, with particular attention to the roofing system, interior

and exterior components, as well as the visible damage noted to same.

l. Upon my arrival, I noticed a blue tarp covering the rear section of the sloped roof.

8. There were apparent loose, cracked and broken roof tiles typical of high wind damage in

the contributory areas of which several impact points were observed.

9. Additionally, I observed several rows of tiles that are loose to the touch and are slipping

out of alignment. This shows the roof tiles have been comprornised by high negative and

positive wind pressures associated with severe high winds.

10. Further, I observed in the immediate surrounding area, homes that are still using blue

tarps to remediate possible roof leaks and roof damage.

11. Upon entering the Insured's home, I also noticed damage to several of the rooms, i.e.,

ceilings and wall water stains and a crack in a bedroom wall caused by the water

intrusion due to an opening to the roof caused by the December 20'h 2018 storm which

allowed water to enter the insured's property causing the interior damage.

www.YourAttorneys,com
Ponce de Leon Boulevard, Suite 504, Coral Gables, FL 33134
f.P.Gonzalez-Sirgo,P-A",814
Phone (305) 461-1095
12. A Severe Thunderstorm Watch was announced in Miami-Dade. Broward" Monroe and

Palm Beach counties on December 19-20. 2019 bv NBC 6 chief meteoroloeist John

Morales.

13. Based upon my analysis, which is detailed in the attached Report dated February 6,2020

and incorporated herein, and based on the available information, it is my professional

opinion, to a high degree of General/Roofing/Construction Contractor probability or

certainty, that the high winds, positive wind pressures and wind-borne debris damage the

roofing system as a direct result of a severe Stonn on Decembet20,20l8.

t4, In my professional experience, to a high degree of General/Roofing/Construction

probability or certainty, that the noted damages and conditions are indicative and typical

of wind related damages, consistent with the high wind conditions in the area of the

subject residence on or about December 20,2018,

15. It is from my professional standpoint that repairs to the roof system would not be feasible

due to the extensive wind damase and numerous leaks.

16. It is my own judgment that repairs, if possible, would exceed 25oh of the total roof area

and is subject to full replacement as per the Florida iJuilding Code.

FURTHER AFFIANT SAYETH NAUGHT.

SERGE JEAN-LOUIS

SWORN To and SUBSCRIBED before me this S- Aay oi kfi \ ,2020,by

SERGE JEAN-LOUIS, who is personally known to me or who has produced

as identification.

www.YourAttorneys.com
f.P.Gonzalez-Sirgo,PA.,814 Ponce de Leon Boulevard, Suite 504, Coral Gables, FL 33134
lhone (305) 461-1095
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My commission expires:

www.YourAttorneys,com
814 Ponce de Leon Boulevard Suite 50d Coral Gables, FL 33134
f.P.Gonzalez-SlrgqP,A",
Phone (305) 461-1095
1

NCE, INC.
BROWARD OFFICE: 6000 NW 42 ND WAY
BROWARD Phone 954-914 0322
Email NYSERGE@OUTLOOK.COM
STATE LIC. # CCC 1325605, HI 4258
STATE LIC. # CGC O6O476
PROPERTY: 12778 NW 102 PLACE HIALEAH FL 33018

ROOF DAMAGE, PRELIMINARY REPORT

REPORT PREPARED BY : SERGE JL II
REPORT DATE: 02/06/20

PREPARED FOR:

GUILLERMO DOMINGUEZ & W INGRID R
12778 NW 102 PLACE HIALEAH FL 33018

CC: JP
OF
J.P. Gonzalez-Sirgo, P.A.
814 Ponce de Leon Boulevard
Suite 504
Coral Gables, FL 33134
(866) 71-CLAIM Toll Free

BIRD’S EYE VIEW
ROOF PLAN
PROPERTY FRONT ELEVATION

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INSPECTION OUTLINE AND REFERENCED MATERIALS.

Besides our on site observations, the following referenced documents were referenced to help
form our opinions, findings and recommendations.:
• NBC 6 WEATHER AND NEWS

• Standard and Reference Guide for Professional Water Damage Restoration I, IICRC S500,
4th Edition.
• Gypsum Assoc., “Assessing Water Damage to Gypsum Board”, (GA-231-06).
• Florida Building Code 2014.

• Dade County Property Appraiser Website, 2018.

• Forensic Engineering “Damage assessments for Residential and Commercial Structures”
BY Stephen E. Petty, 2013 edition.

We have completed the above noted inspection for the subject property as per the request of
GUILLERMO DOMINGUEZ . The property was inspected on February 6, 2020 at 4:00 P.M.
The inspection was performed by and information collected by Serge Jean-Louis .
Access was provided to the property by GUILLERMO DOMINGUEZ , current property owner.
The purpose of the inspection was to determine the cause of and extent of damages
reported at the residence resulting from SEVERE STORM 12/20/2018. We inspected the sub-
ject structure, with particular attention to roof system, interior and exterior components, as well
as the visible damage noted to same. This report includes the following sections:

The Inspection Procedures & Information
The Inspection Findings & Results
The Inspection Summary
The Inspection Conclusions & Recommendations

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ROOF AND MISC. DAMAGE FINDINGS :
INSPECTION DATE: 02/06/2020 TEMP.: 84F, RH 75%, PARTLY SUNNY
TIME 4:00 PM.
SLOPE: 3.8/ 12, ROOF AREA: 1920 SF.
TILE: CLAY ROOF TILE (DISCONTINUED)
ROOF SYSTEM: MORTAR, NAIL/SCREW ON ; MORTAR AT HIPS, VALLEYS AND RIDGES.

THIS REPORT IS BASED SOLELY ON A VISUAL INSPECTION TO
DETERMINE THE CONDITION OF THE EXISTING ROOF DAMAGE AT SEVERAL AREAS.
THE FOLLOWING FINDINGS AND CONCLUSIONS ARE BASED ON INDUSTRY STANDARDS
AND OUR PROFESSIONAL AND EXPERTISE OPINION. THE APPARENT VISUAL FINDINGS
ARE AS FOLLOWS: PLEASE REVIEW ATTACHED PHOTO DESCRIPTIVE PAGES.

1) UPON MY ARRIVAL, I HAVE NOTICED A BLUE TARP COVERING REAR OF SLOPED
ROOF. THERE WERE APPARENT LOOSE, RACKED AND BROKEN TILES TYPICAL OF HIGH
WIND DAMAGE IN THE CONTRIBUTORY AREAS, AND IN THE FIELD OF THE ROOF. SEV-
ERAL IMPACT POINTS WERE OBSERVED. SEE PHOTOS.

2) UPON MY PHYSICAL WALK AROUND ON THE ROOF, THERE WERE SEVERAL AREAS
WHERE TILES WERE LOOSE AND SLIPPED OUT OF ALIGNMENT, THERE ARE MANY
LOOSE SAWS TOOTHED STAGGERED, AND RACKED TILES THROUGHOUT THE ENTIRE
ROOF. THERE WAS NO SET PATTERN. THERE ARE SEVERAL AREAS WHERE TILES
WERE BROKEN, BY WIND AND DEBRIS IMPACT FORCE. SEE PHOTOS

3) SEVERAL ROWS OF TILES LOOSE TO TOUCH AND ARE SLIPPING, OUT OF
ALIGNMENT, SHOWING THEY HAVE COMPROMISED BY HIGH NEGATIVE AND POSITIVE
WIND PRESSURES ASSOCIATED WITH SEVERE HIGH WINDS. SOME TILES WERE
TEMPORARILY REPAIRED, TO MITIGATE LEAKS. THERE WAS DAMAGE ALSO TO FLAT
AND SHINGLE ROOF, SEE PHOTOS.

4) I DO NOT RECOMMEND REPAIRS AS THE ROOF IS MORE THAN 25% DAMAGED.
I RECOMMEND A COMPLETE RE-ROOF AS PER FBC AND CURRENT LOCAL CODES.

5) IMMEDIATE SURROUNDING HOMES ARE STILL USING BLUE TARPS TO REMEDIATE
POSSIBLE ROOF LEAKS AND ROOF DAMAGE.

6) NOTE THE EXISTING TILE ARE THE ORIGINAL TILES INSTALLED IN 1991 PER MR.
DOMINGUEZ, AND HAVE BEEN SINCE DISCONTINUED.

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NCE, INC.
BROWARD OFFICE: 6000 NW 42 ND WAY
BROWARD Phone 954-914 0322
Email NYSERGE@OUTLOOK.COM
STATE LIC. # CGC O6O476
PROPERTY: 12778 NW 102 PLACE HIALEAH FL 33018
STATE LIC. # CCC 1325605, HI 4258
DADE COUNTY PROPERTY INFORMATION

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The robust front brought potential impacts of heavy rainfall,
strong winds, localized flooding and isolated tornadoes.
Published on December 19, 2018 at 3:22 pm

Thursday was warm and windy before a cold front brought the threat of severe weather, including heavy rainfall,
strong winds, localized flooding and isolated tornadoes.

The squall line of thunderstorms was ahead of schedule and moved through South Florida starting at around 6 p.m.
It is expected to move offshore into the night, leaving windy and cloudy weather for Friday.

A wind advisory was issued for Broward, Miami-Dade, Monroe and Palm Beach counties Friday from 7 a.m. until 1 a.m. Satur-
day, with winds up to 35 mph. Temperatures are expected to be in the 70s.

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#1: TYP. PIECE OF BROKEN TILE DUE TO IMPACT AND
WIND DAMAGE.

#2: TYP. RACKED, SLIPPING AND LOOSE TILES DUE
TO HIGH NEGATIVE WIND UPLIFT PRESSURE.

#4: TYP REPAIRED VALLEYS USING MORTAR AS
OPPOSED TO TILES, THIS IS THROUGHOUT THE
#3: TYP. LOOSE, UPLIFTED AND SLIPPING ROOF ENTIRE ROOF.
TILE THROUGHOUT ENTIRE ROOF.

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13

#6: TYP. LOOSE AND BROKEN TILES THROUGHOUT
ROOF, DUE TO HIGH WINDS.

#5: TYP. BROKEN, LOOSE UPLIFTED FIELD TILES
DUE TO HIGH NEGATIVE WIND PRESSURES. TYP.
THROUGHOUT ENTIRE ROOF.

#7: TYP. UPLIFTED TILE DUE T HIGH NEGATIVE WIND
PRESSURES.
#8: TYP. DEBONDED AND UPLIFTED TILE DUE TO
HIGH NEGATIVE WIND PRESSURES. TILES EASILY
LIFTED WITH NO RESISTANCE.

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#10: TYP. BLUE TARP INSTALLED TO MITIGATE
ACTIVE

#9: TYP. RACKED AND OUT OF ALIGNMENT TILES,
TYPICAL THROUGHOUT ROOF.

#11: TYP. BLUE TARP INSTALLED TO MITIGATE ACTIVE #12: TYP. NEIGHBORING HOMES WITH NEW ROOFS.
LEAKS.

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#13: TYP. NEIGHBORING HOMES WITH NEW ROOFS.

#14: TYP. SCOURED SHINGLES, DUE TO HIGH
WINDS AND DEBRIS. THIS IS ON REAR STORAGE
SHED.

#16: TYP. AIR BUBBLES ON FLAT ROOF DUE TO HIGH
#15: TYP. AIR BUBBLES ON FLAT ROOF DUE TO HIGH NEGATIVE WIND PRESSURES CAUSING MEMBRANE
NEGATIVE WIND PRESSURES CAUSING MEMBRANE TO TO DEBOND FROM BASE SHEET OR SUBSTRATE.
DEBOND FROM BASE SHEET OR SUBSTRATE.

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#17: TYP. INTERIOR CEILING DAMAGE DUE TO
ROOF LEAKS.

#18: TYP. INTERIOR DAMAGE DUE HIGH NEGATIVE
WIND UPLIFT PRESSURES.

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#19: TYP. INTERIOR WALL AND CEILING DAMAGE AS POINTED OUT
BY HOMEOWNER.

#20: TYP. INTERIOR WALL AND CEILING DAMAGE AS POINTED OUT
BY HOMEOWNER.

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#21: TYP. INTERIOR WALL AND CEILING DAMAGE AS POINTED OUT
BY HOMEOWNER.

#22: TYP. INTERIOR WALL AND CEILING DAMAGE AS POINTED OUT
BY HOMEOWNER.

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#23: TYP. INTERIOR ATTIC SHEATHING WATER DAMAGE AS POINTED
OUT BY HOMEOWNER.

#24: TYP. INTERIOR ATTIC SHEATHING WATER DAMAGE AS POINTED
OUT BY HOMEOWNER.

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TYPICAL SATELLITE STORM DAMAGE PHOTOS

#23: TYP. SATELLITE PHOTO OF NEIGHBORHOOD AND NEAR BY
HOMES WITH BLUE TARPS.

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Inspection Conclusion & Recommendations

The subject building’s roof systems, and interior finishes experienced damage from wind,
wind-borne debris, and water. High winds, positive wind pressures, and wind-borne debris
damaged the roofing system, it is our opinion that the subject roof damages occurred as a direct
result of SEVERE STORM 12/20/2018. Furthermore, it is our opinion that the noted damages
and conditions are indicative and typical of wind related damages, consistent with the high wind
conditions in the area of the subject residence on or about 12/20/2018.. Repair of the roof sys-
tem is not feasible due to the extensive wind damages and numerous leaks. Furthermore, it is
our estimation that the repairs, if possible, would exceed 25% of the total roof area and is sub-
ject to full replacement as per the Florida Building Code.
The following list details the repair and remedial scope we prescribe:
Obtain permits and required documents as per Florida Building Code.
Replacement of the clay roof tile system and any interior / exterior components that
were damaged.
THANK YOU,

SERGE JEAN-LOUIS II
FLORIDA STATE LICENSED STRUCTURAL INSPECTOR #BN7923,
FLORIDA STATE LICENSED GENERAL CONTRACTOR CGC 060476
FLORIDA STATE LICENSED ROOFING CONTRACTOR CCC 1325605
FLORIDA STATE LICENSED HOME INSPECTOR HI4258
CERTIFIED WIND MITIGATION INSPECTOR
MAF CERTIFIED MASONRY INSPECTOR
FEMA CERTIFIED CONTRACTOR

THIS IS A REPORT MADE TO THE BEST OF OUR ABILITY AND PROFESSIONAL BELIEF OF THE EXISTING INTERIOR AND EXTERIOR
COMPONENTS. AS ALL AREAS ARE NOT ACCESSIBLY VISIBLE IN SOME AREAS DUE TO FOLIAGE, PLASTER, PAINTING OR OTHER
OBSTRUCTION, THE INSPECTOR CANNOT GUARANTEE AGAINST HIDDEN DEFECTS, STRUCTURAL DAMAGE OR REPAIRS. NO IN-
SPECTION HAS BEEN MADE FOR SUCH STRUCTURAL DEFECTS AS WOULD REQUIRE ENGINEERING SKILL PRACTICES.
THIS REPORT IS VALID ONLY FOR (30) THIRTY DAYS FROM INSPECTION DATE

Case Info

Case No.

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Document Filed Date

October 15, 2020

Case Filing Date

May 29, 2019

County

Parties

Calil, Jorge A., ESQ Attorney for the Plaintiff
Canseco, Rebecca M., ESQ Attorney for the Defendant
Citizens Property Insurance Corporation Defendant
Dominguez, Guillermo Plaintiff
Dominguez, Ingrid Plaintiff
John H Richards Attorney for the Defendant
Juan P Gonzalez-Sirgo Attorney for the Plaintiff
Party Name Party Description
William Peters Attorneys for Defendants
Michelle Musa Attorneys for Defendants
Robert Goette Attorneys for Plaintiffs
Alejandro Lopez Attorney
Matthew Garnett Attorneys for Defendants
Matthew Rook Attorneys for Defendants
Franchesca Marrero-Rodriguez Attorneys for Plaintiffs
Roy Wasson Attorneys for Plaintiffs
Felix Arcia Attorney

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