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Filing # 139876104 E-Filed 12/07/2021 02:18:02 PM
THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE HOMEOWNERS | Case No.: 2020-CA-002942
ASSOCIATION, INC., a Florida not for profit
corporation,
Plaintiff,
Vv.
ROYAL OAK HOMES, LLC, a Florida limited
liability company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida corporation;
HUGH MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation; PREMIER
PLASTERING OF CENTRAL FLORIDA, INC
N/K/A TGK STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A
WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; THE
DIMILLO GROUP, LLC, a Florida limited liability
company; WOLF’S IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a Florida
corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation;
EXPERT PAINTING & PRESSURE WASHING,
INC., a Florida Profit Corporation
Defendants.
ROYAL OAKS HOME, LLC.,
Cross-Claimant,
Vv.
ADVANCED WRAPPING AND CONCRETE
SOLUTIONS OF CENTRAL FLORIDA, INC., a
Florida corporation; DON KING'S CONCRETE,
INC., a Florida corporation; HUGH MACDONALD
CONSTRUCTION, INC., a Florida corporation;
IMPERIAL BUILDING CORPORATION, a Florida
corporation; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC N/K/A TGK STUCCO,
INC., a Florida corporation, WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS, INC. N/K/A WEINTRAUB
ENGINEERING AND _ INSPECTIONS, INC.,
WOLF'S IRRIGATION & LANDSCAPING, INC.,
a Florida corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;
Cross-Defendants
/
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida Corporation,
Third-Party Plaintiff,
v
ALL GLASS INSTALLATION CORP., a Florida
corporation, CASEY HAWKINS, GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited liability company; HELBERG
ENTERPRISES, LLC, a Florida limited liability
company; HOBBIT WINDOWS, LLC, a Florida
limited liability company; T&M CONSTRUCTION
OF SANFORD, INC., a Florida corporation; WELL
DONE WINDOWS, INC., a Florida corporation; and
WELL HUNG WINDOWS & DOORS, LLC, a
Florida limited liability company;
Third-Party Defendants.
/
DON KING’S CONCRETE, INC., a Florida
corporation,
Third-Party Plaintiff
Vv.
ER.O. CONSTRUCTION, _ INC., a Florida
corporation; LIOS CONCRETE CORP., a Florida
corporation; and ATLANTIC CONCRETE
SYSTEMS, INC., a Florida corporation.
Third-Party Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR
LEAVE TO AMEND PARTY NAME BY INTERLINEATION
Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCATION, INC. (the
“Association”), by and through the undersigned and pursuant to Rule 1.190 of the Florida Rules
of Civil Procedure, hereby files this Unopposed Motion for Leave to Amend Party Name By
Interlineation and states in support:
1 Subsequent to filing its Amended Complaint, the Association discovered that one
of the entities named as a defendant therein contained a scrivener’s error.
2 Accordingly, the Association requests leave to Amend Party Name by
Interlineation to correct the name of Defendant PREMIER PLASTERING OF CENTRAL
FLORIDA, INC., N/K/A TGK STUCCO, INC., to TGK STUCCO, INC., as set forth in the
corrected Amended Complaint attached hereto as Exhibit A.
3 All allegations against TGK STUCCO, INC. are identical to the allegations against
PREMIER PLASTERING OF CENTRAL FLORIDA, INC., N/K/A TGK STUCCO, INC.
4 No parties object to the relief sought herein.
5 This Unopposed Motion for Leave to Amend Party Name by Interlineation is not
made for purposes of delay, is brought in good faith, and no party will be prejudiced as a result of
this amendment via interlineation as no additional allegations are being asserted.
DATED: December 7, 2021
BALL JANIK LLP
By: _/s/ Jeffrey A. Widelitz
Phillip E. Joseph, FL Bar No. 1000368
Evan J. Small, FL Bar No. 57306
Jeffrey A. Widelitz FL Bar No. 105642
Christopher S. Tribbey, FL Bar No. 1003114
Kasey L. Joyce, FL Bar No. 1024705
201 E Pine Street, Suite 600
Orlando, FL 32801
Telephone: (407) 455-5664
Facsimile: (407) 902-2105
pjoseph@balljanik.com
smal|@balljanik.com
jwidelitz@balljanik.com
ctribbey@balljanik.com
kjoyce@balljanik.com
ypalmer@balljanik.com
dtodd@balljanik.com
cbetancourt@balljanik.com
bburton@balljanik.com
dmiksell balljanik.com
orlandodocket@balljanik.com
Counsel for Plaintiff Villas at Emerald Lake
Homeowners Association, Inc.
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been filed via the Florida Courts E-Filing
Portal on this 7" day of December, 2021.
/s/ JeffreyA. Widelitz
Jeffrey A. Widelitz
SERVICE LIST
LANNIE D. HOUGH JR. THAMIR A.R. KADDOURI, JR.
ROBIN H. LEAVENGOOD PENELOPE T. ROWLETT
JAMES MICHAEL WALLS BETH ANN TOBEY
BRIAN C, PORTER Law Office of Thamir A.R. Kaddouri, Jr. P.A.
Carlton Fields, P.A. 3220 West Cypress Street
4221 W. Boy Scout Boulevard Tampa, FL 33607
Tampa, FL 33607-5780 P. 813-879-5752
P. 813-223-7000 F. 813-879-5707
F. 813-229-4133 Thamir.kaddouri@tampalaw.org
lhough@carltonfields.com ervice@tampalaw.org
nbonilla@carltonfields.com beth.tobey@tampalaw.org
rleavengood@carltonfields.com
bporter carltonfields.com Counsel for Defendant, Imperial Building
mwalls@carltonfields.com Corporation
johnson@earltonfields.com
bwoolard@ecarltonfields.com
Counsel for Defendant, Royal Oak Homes,
LLC
PAUL SIDNEY ELLIOTT PETER J. KAPSALES
P.O. Box 274204 MARGARET M. EFTA
Tampa, FL 33688-4204 Milne Law Group, P.A.
301 E. Pine Street, Suite 525
P. 813-265-1314
Orlando, FL 32801
F. 813-961-1103
P. 321-558-7700
pse@psejd.com pkapsales@milnelawgroup.com
mefta@milnelawgroup.com
Counsel for Defendant, Hugh MacDonald eservice@milnelawgroup.com
Construction, Inc. (HMC)
Counsel for Defendant, Weathermaster
Building Products, Inc.
DENISE M. ANDERSON
ASHLEY M. MATTINGLY
Butler Weihmuller Katz Craig LLP
400 N. Ashley Drive, Suite 2300
Tampa, FL 33602
P. 813-281-1900
danderson@butler.legal
matting! butler.legal
jjacobs butler.legal
jorge@butler.legal
Co-Counsel for Defendant, Hugh MacDonald
Construction, Inc.
DENISE M. ANDERSON TIMOTHY C. FORD
DAVID A. MERCER ANDREW E. HOLWAY
Butler Weihmuller Katz Craig, LLP J. ROCCO CAFARO
400 N. Ashley Drive, Suite 2300 RON ESPINAL
Hill Ward Henderson
Tampa, FL 33602
101 E. Kennedy Blvd., Suite 3700
danderson@butler.legal
Tampa, FL 33602
dmercer@butler legal P. 813-221-3900
krieck@butler.legal F. 813-221-2900
jorge@butler.legal Andrew.holway@hwhlaw.com
tharry@butler legal Derrick.calandra@hwhlaw.com
jill kuty@hwhlaw.con
Kathy.wernsing@hwhlaw.com
Counsel for Defendant, Don King’s Concrete,
rocco.cafaro@hwhlaw.com
Inc. ‘on.espinal(@hwhlaw.com
Tim.ford@hwhlaw.com
Tracy.coale@hwhlaw.com
Counsel for Defendant, Weintraub
Inspections & Forensics, Inc. n/k/a Weintraub
Engineering and Inspections, Inc.
JAYNE ANN PITTMAN BRUCE R. CALDERON
NATALIE C. FISCHER D. BRYAN HILL
Conroy Simberg AUDRA R. CREECH
Milber Makris Plousadis & Seiden, LLP
Two South Orange Avenue, Suite 300
1900 NW Corporate Blvd.
Orlando, FL 32801
East Tower, Suite 440
P. (407) 649-9797 Boca Raton, FL 33431
F. (407) 649-1968 P. (561) 994-7310
eserviceorl@conroysimberg.com F. (561) 994-7313
jpittman@conroysimberg.com bealderon@milbermakris.com
mmaitland@conroysimberg.com dhill milbermakris.com
creech@milbermakris.com
nfischer@conroysimberg.com
kmedowell@milbermakris.com
Counsel for Defendant, Advanced Wrapping Counsel for Defendant, Brown + Company
and Concrete Solutions of Central Florida, Architecture, Inc.
Ine.
WILLIAM M. WOODS S. SCOTT ROSS
The Law Offices of William Woods Groelle & Salmon, P.A.
100 S Missouri Ave Ste 201 1715 N. Westshore Blvd., Suite 320
Tampa, FL 33607
Clearwater, FL 33756-5763
P. (813) 849-7200
O: 727-799-1229 Ext. 4063 gstcourtdoes! @gs yalaw.com
C: 727-282-7277 sross@gspalaw.com
F: 727-252-1088 ebanks@gspalaw.com
meoleman@gspalaw.com
wwoods@willwoodslaw.com
Counsel for Third-Party Defendant, Helberg
AnneLM@willwoodslaw.com
Enterprises, LLC
Pleadings@willwoodslaw.com
JLulgjuraj@willwoodslaw.com
Counsel for Third-Party Defendant, All Glass
Installation Corp.
MICKH-CAMBERF ANDREW T. MARSHALL
SARA W. MAPES
Lal Ho, Petri} & Coh: Hamilton, Price & Marshall, P.A
201-S-O; A Suite 400 2400 Manatee Ave. W.
Bradenton, FL 34205
Orlando,
FL 3280+
P. 941-748-0550
F. 941-745-2079
andrew@hamiltonpricelaw.com
Lal lst ara@hamiltonpricelaw.com
def nancy@hamiltonpricelaw.com
ip ii def kelse hamiltonpricelaw.com
atmservice@hamiltonpricelaw.com
gc Third-P, Defend
fe
Counsel for T&M Construction of Sanford,
Hertel
Ine.
MICHAEL D. RUEL
BRENDEN C. COLLINS
Galloway, Johnson, Tompkins, Burr & Smith,
P.L.C.
400 N. Ashley Dr., Suite 1000
Tampa, FL 33602
P. 813-977-1200
F. 813-977-1288
tampaservbice@gallowaylawfirm.com
mruel@gallowaylawfirm.com
beollinsl|@gallowaylawfirm.com
Counsel for Third-Party Defendant, Casey
Hawkins Glass, Inc.
BRUCE R. CALDERON COLE J. COPERTINO
D. BRYAN HILL RICHARD L. RUSSO
AUDRA R. CREECH Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue, Suite 1000
Milber Makris Plousadis & Seiden, LLP Altamonte Springs, Florida 32701
1900 NW Corporate Blvd., P. (407) 425-0234
East Tower, Suite 440 F. (407) 425-0260
copertino@wfmblaw.com
Boca Raton, FL 33431
tusso@wfmblaw.com
P. 561-994-7310
cbraungart@wfmblaw.com
F. 561-994-7313 lwilliams(@wfmblaw.com
bealderon@milbermakris.com
dhill milbermakris.com Counsel for Well Hung Windows & Doors
creech@milbermakris.com
Counsel for Defendant, Brown + Company
Architecture, Inc.
JOSEPH L. ZOLLNER CHESLEY G. MOODY, JR.
Law Office of Christopher Norris MAI M. LE
PO Box 7217 Moody & Graf, P.A.
London, KY 40742 1101 N. Lake Destiny Road, Suite 200
P. 904-346-5422 Maitland, FL 32751
F. 866-270-1372 P. (407) 755-6900
FloridaCDLegalMail@LibertyMutual.com F. (407) 755-6913
joseph.zollner@libertymutual.com moody@moodyegraf.com
mile@moodyegraf.com
Counsel for Lios Concrete Corp kpollak@moodyegraf.com
tdixon@moodygraf.con
Counsel for Premier Plastering of Central
Florida, Inc. & Wolf's Irrigation &
Landscaping, Inc.
NICOLE SEROPIAN WAYNE M. ALDER
JENNIFE SHIPPOLE Fisher Broyles, LLP
Law Office of Jennifer L. Shippole 7668 N. W. 125" Way
14050 NW 14th Street, Suite 180 Pompano Beach, FL 33076
Sunrise, Florida 33323 P. 954-603-6174
Phone: 954-417-3066 Ext. 4645 Wayne. alder@fisherbroyles.com
jlspleadings@fednat.com wmalder@bellsouthnet.com
WM AOcr ocuSOUUINET. COM
seropian@fednat.com
jshippole@fednat.com Counsel for E..R.O. Construction, Inc.
Counsel for Atlantic Concrete Systems, Inc.
UNREPRESENTED PARTIES
Expert Painting & Pressure Washing, Inc.
c/o Richard C. Bates, Registered Agent
3631 Late Morning Cir.
Kissimmee, FL 34744
EXHIBIT “A”
THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE HOMEOWNERS Case No.: 2020-CA-002942
ASSOCIATION, INC., a Florida not for profit
corporation,
Plaintiff,
Vv.
ROYAL OAK HOMES, LLC, a Florida limited
liability company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida corporation;
HUGH MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation; TGK
STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A
WEINTRAUB ENGINEERING AND
INSPECTIONS, INC., a Florida corporation; THE
DIMILLO GROUP, LLC, a Florida limited liability
company; WOLF’S IRRIGATION &
LANDSCAPING, _INC., a Florida corporation;
SUMMERPARK HOMES, INC., a Florida
corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation;
EXPERT PAINTING & PRESSURE WASHING,
INC., a Florida corporation;
Defendants.
ROYAL OAKS HOME, LLC.,
Cross-Claimant,
Vv.
ADVANCED WRAPPING AND CONCRETE
SOLUTIONS OF CENTRAL FLORIDA, INC., a
Florida corporation, DON KING'S CONCRETE,
INC., a Florida corporation, HUGH MACDONALD
CONSTRUCTION, INC., a Florida corporation;
Page 1 of 70
IMPERIAL BUILDING CORPORATION, a Florida
corporation; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC N/K/A TGK STUCCO,
INC., a Florida corporation, WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS, INC. N/K/A WEINTRAUB
ENGINEERING AND _ INSPECTIONS, INC.,
WOLF'S IRRIGATION & LANDSCAPING, INC.,
a Florida corporation, BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;
Cross-Defendants
/
WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida Corporation,
Third-Party Plaintiff,
v
ALL GLASS INSTALLATION CORP., a Florida
corporation, CASEY HAWKINS, GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited liability company; HELBERG
ENTERPRISES, LLC, a Florida limited liability
company; HOBBIT WINDOWS, LLC, a Florida
limited liability company; T&M CONSTRUCTION
OF SANFORD, INC., a Florida corporation; WELL
DONE WINDOWS, INC., a Florida corporation; and
WELL HUNG WINDOWS & DOORS, LLC, a
Florida limited liability company;
Third-Party Defendants.
AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. (the
“Association”), by and through undersigned counsel, hereby sues Defendants ROYAL OAK
HOMES, LLC (“ROYAL OAK”); ADVANCED WRAPPING AND CONCRETE SOLUTIONS
OF CENTRAL FLORIDA, INC. (“ADVANCED”); DON KING’S CONCRETE, INC. (“DON
Page 2 of 70
KING”); HUGH MACDONALD CONSTRUCTION, INC. (“HUGH MACDONALD”);
IMPERIAL BUILDING CORPORATION (“IMPERIAL”); TGK STUCCO, INC. (“TGK”);
WEATHERMASTER BUILDING PRODUCTS, INC. (“WEATHERMASTER”); WEINTRAUB
INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND
INSPECTIONS, INC. (“WEINTRAUB”); THE DIMILLO GROUP, LLC (“DIMILLO”);
WOLF’S IRRIGATION & LANDSCAPING, INC. (“WOLF”); SUMMERPARK HOMES, INC.
(“SUMMERPARK”); BROWN+COMPANY ARCHITECTURE, INC. (“BROWN”); EXPERT
PAINTING & PRESSURE WASHING, INC. (“EXPERT PAINTING”) and seeks trial by jury.
In support thereof, the Association alleges as follows:
NATURE OF THE CASE
1 This is an action for damages arising from the negligent and defective development,
design, construction, and sale of the townhomes and common areas at Villas at Emerald Lake in
Kissimmee, Osceola County, Florida (the “Community” or the “Townhomes”), caused by the
Defendants.
JURISDICTION AND VENUE
2. This is an action for monetary damages in excess of $30,000.00, exclusive of
interest, costs, and attorney’s fees, and this Court otherwise has jurisdiction over the subject matter
hereof.
3 The subject property of this action is located in Osceola County, Florida.
4 The Association has an office for the transaction of its usual and customary business
in Osceola County, Florida.
5 At all times material, the Defendants conducted business or resided in Osceola
County, Florida.
Page 3 of 70
6 The acts and/or omissions giving rise to this Complaint took place in Osceola
County, Florida and each cause of action occurred in Osceola County, Florida. Therefore,
jurisdiction and venue are proper in this county.
7 All conditions precedent to bringing this action have occurred or have been waived,
including, but not limited to, the requirements of Chapter 558, Fla. Stat.
8 The alleged defects herein have been examined and certified by an appropriately
licensed Florida engineer, design professional, contractor, or otherwise licensed Florida individual
or entity.
PARTIES
9 The Association is a Florida non-profit corporation and has an office for the
transaction of its usual and customary business in Osceola County, Florida.
10. The Association is a corporation organized and existing under Chapter 720, Fla.
Stat., to provide a corporate entity for the operation of the Community in Osceola County, Florida.
11. The Association brings this action in its own right and as representative of the
Community members pursuant to § 720.303(1), Fla. Stat, and Fla. R. Civ. P. 1.221. The
Association is the lawful, adequate, and appropriate representative of the unit owners comprising
the Community and all common areas, improvements, matters of common interest, and
appurtenances incident thereto.
12. Upon information and belief, ROYAL OAK is a Florida limited liability company
with its principal place of business located at 4900 North Scottsdale Road, Suite 2000, Scottsdale,
Arizona 85251.
13. Upon information and belief, ROYAL OAK served as the developer and as the
licensed general contractor, as that term is defined in § 489.105(3)(a), Fla. Stat., for the
Page 4 of 70
construction of seventy-seven (77) units within the Community and common areas.
14. Upon information and belief, DIMILLO is a Florida limited liability company with
its principal place of business located at 1355 S. International Parkway, Suite 2461, Lake Mary,
Florida 32746.
15. Upon all information and belief, DIMILLO served as the developer for the
construction of twelve (12) units within the Community and common areas.
16. Upon information and belief, SUMMERPARK is a Florida profit corporation with
its principal place of business located at 279 Chiswell Place,
Lake Mary, Florida 32746.
17. Upon all information and belief, SUMMERPARK served as the developer and
licensed general contractor, as that term is defined in § 489.105(3)(a), Fla. Stat., for the
construction of twelve (12) units within the Community and common areas.
18. Upon information and belief, ADVANCED is a Florida profit corporation with its
principal place of business located at 3435 Ravencreek Lane, Oviedo, Florida 32766.
19. Upon information and belief, ADVANCED was responsible for all aspects of its
scope of work including, but not limited to, providing services and/or materials with respect to the
house-wrap and weather resistant barrier of the Townhomes developed by ROYAL OAK.
20. Upon information and belief, DON KING is a Florida profit corporation with its
principal place of business located at 1707 Kennedy Point, Oviedo, Florida 32765.
21. Upon information and belief, DON KING was responsible for all aspects of its
scope of work including, but not limited to, providing services and/or materials with respect to the
concrete, slabs, and masonry of the Townhomes developed by ROYAL OAK.
22. Upon information and belief, EXPERT PAINTING is a Florida profit corporation
Page 5 of 70
with its principal place of business located at 3631 Late Morning Circle, Kissimmee, Florida
34744,
23. Upon all information and belief, EXPERT PAINTING was responsible for all
aspects of its scope of work including, but not limited to, services and/or materials with respect to
the interior and exterior painting and/or sealant of the Townhomes developed by ROYAL OAK.
24. Upon information and belief, HUGH MACDONALD is a Florida profit
corporation with its principal place of business located at 10825 Tom Folsom Road, Suite A,
Thonotosassa, Florida 33592.
25. Upon all information and belief, HUGH MACDONALD was responsible for all
aspects of its scope of work including, but not limited to, services and/or materials with respect to
the roofing of the Townhomes developed by ROYAL OAK.
26. Upon information and belief, IMPERIAL is a Florida profit corporation with its
principal place of business located at 919 Outer Road, Suite B, Orlando, Florida 33592.
27. Upon all information and belief, IMPERIAL was responsible for all aspects of its
scope of work including, but not limited to, services and/or materials with respect to the carpentry
and framing of the Townhomes developed by ROYAL OAK.
28. Upon information and belief, TGK is a Florida profit corporation with its principal
place of business located at 2331 Pine Meadows Place, Chuluota, Florida 32766.
29. Upon all information and belief, TGK was responsible for all aspects of its scope
of work including, but not limited to, services and/or materials with respect to the stucco of the
Townhomes developed by ROYAL OAK.
30. Upon information and belief, WEATHERMASTER is a Florida profit corporation
with its principal place of business located at 112 Central Park Place, Sanford, Florida 32771.
Page 6 of 70
31. Upon all information and belief, WEATHERMASTER was responsible for all
aspects of its scope of work including, but not limited to, services and/or materials with respect to
the windows of the Townhomes developed by ROYAL OAK.
32. Upon information and belief, WOLF is a Florida profit corporation with its
principal place of business located at 4275 Albritton Road, St. Cloud, Florida 34772.
33. Upon all information and belief, WOLF was responsible for all aspects of its scope
of work including, but not limited to, services and/or materials with respect to the landscaping and
irrigation of the Townhomes developed by ROYAL OAK.
34. Upon information and belief, WEINTRAUB is a Florida profit corporation with its
principal place of business located at 3868 Sun City Center Blvd., Sun City Center, Florida 33573.
35. Upon all information and belief, WEINTRAUB was responsible for all aspects of
its scope of work including, but not limited to, services and/or materials with respect to the
inspections of the house-wrap, building paper/lath, stucco installation, and final inspections of the
Townhomes developed by ROYAL OAK.
36. Upon information and belief, BROWN is a Florida profit corporation with its
principal place of business located at 503 Berwick Drive, Winter Park, Florida 32792.
37. Upon all information and belief, BROWN was responsible for all aspects of its
scope of work including, but not limited to, services and/or materials with respect to the design of
the Townhomes developed by ROYAL OAK.
38. Upon information and belief, ADVANCED, DON KING, EXPERT PAINTING,
HUGH MACDONALD, IMPERIAL, TGK, WEATHERMASTER, and WOLF served as
subcontractors for ROYAL OAK in the construction of the Townhomes developed by ROYAL
OAK and shall collectively be referred to as “ROH Subcontractors.”
Page 7 of 70
39. Upon information and belief, WEINTRAUB served as the inspector and BROWN
served as the architect for ROYAL OAK in the construction of the townhomes developed by
ROYAL OAK and will collectively be referred to as the “ROH Design Professionals.”
40. As a result of the Defendants’ conduct, the Association has been required to retain
the services of the undersigned counsel to represent its interests in this action and is obligated to
pay a reasonable fee for their services.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
41. The Community consists of twelve (12) residential buildings with approximately
89 residential units, plus a clubhouse and other common areas.
42. Upon information and belief, twelve (12) of the 89 units of the Community were
developed and constructed by DIMILLO and SUMMERPARK (“TDG Townhomes”).!
43. Upon information and belief, 77 of the 89 units of the Community were developed
and constructed by ROYAL OAK (“ROH Townhomes”).”
44, The Association’s members are collectively the fee-simple owners of the
Townhomes, the common areas, and the real property, which comprise the Community.
45. The Association is responsible for the maintenance and repair of the common areas
of the Community, including, but not limited to, the roofs, windows, exterior walls, landscaping,
and irrigation.
46. The Association has the duty to maintain the Community by making all proper
expenditures, where possible, for the upkeep, maintenance, and management of the Community.
47. Upon information and belief, ROYAL OAK, DIMILLO, and SUMMERPARK
controlled the Association before the unit owners, other than the developer, were able to elect a
' DIMILLIO and SUMMERPARK developed and constructed Units 150-161.
? ROYAL OAK developed and constructed Units 110-149 and 162-197.
Page 8 of 70
majority of the board members of the Association.
48. The causes of action alleged herein concern matters of common interest to the
Association’s members, including, but not limited to, matters affecting the Townhomes and all
common elements of the Community.
49. Defendants undertook to construct the Townhomes and common areas for sale to,
and use of, the general public, including the Association, its members, and their predecessors in
interest.
50. As provided further in Paragraphs 51-61, and elsewhere herein, upon information
and belief, Defendants failed to reasonably and adequately design, develop, and/or construct the
Townhomes and commons areas in accordance with the applicable Florida Building Code,
manufacturers’ recommendations, permitted plans and specifications, and the industry standards.
Sl. As a direct result of the collective and individual failures on the part of ROYAL
OAK, ROH Subcontractors and ROH Design Professionals, the Association and its members have
suffered and continue to suffer damages proximately caused by defects and deficiencies in the
construction of the Community, including, but not limited to, the following defects in the ROH
Townhomes:
A. Roofs:
Missing/insufficient 4-inch cement over edge flashing flange;
Shingles not adhered or cemented to edge flashing;
Shingles do not overhang edge flashing;
Shingles do not overhang eave;
Improper starter shingle installation;
Underlayment short of edge metal;
Page 9 of 70
Improper number/spacing of shingle fasteners;
Overdriven shingle fasteners;
Unsealed/missing diverter at confined rake termination; and
J Water intrusion through roof and related components.
B. Windows
a Windows failed water testing;
b. Improperly installed sealant under window fins;
Damaged window fin;
Incorrect type of window installed; and
¢. Water intrusion through the windows and related components.
C. Walls — Stucco
a Stucco backing reverse lapped under window sill;
b. Insufficient length of wire lath staples;
Lack of isolation/improper application of sealant around window
perimeter;
Paper backed lath not lapped paper-to-paper/lath-to-lath;
Improper embedment of plaster into lath;
Improper installation of stucco control joint accessories;
Improper stucco application;
Lack of weep screed at wood/masonry transition;
Improperly installed weep screeds/stucco stop;
Inadequate installation of flashing around window perimeter;
Lack of flashing around window perimeter;
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Lack of flashing at wall penetration;
Unsealed penetration;
Reverse lap of stucco backing;
Trapped moisture between stucco backing and building wrap;
Excessive stapling through window flashing;
Improper installation of building wrap;
Improper use of J-mold accessory as stucco weep;
Ss. Inadequate separation between stucco and dissimilar materials; and
t. Water penetrating through stucco over masonry and framed walls.
D. Walls — Concrete Block
Lack of isolation/improper application of primary sealant around
window perimeter;
Improper application of secondary sealant around window;
Stucco improperly bonded to substrate;
Lack of stucco control joints;
e Improper stucco application; and
f. Water penetrating through stucco over masonry and framed walls.
E. Floors
a Uncontrolled cracking of concrete slab.
F. Structural
a Improper shear wall edge nailing;
b. Improper shear wall nail sizes;
c Sill nailing missing or misses edge blocking;
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Undersized sill nails;
Missing hurricane strap;
Missing floor boundary nailing; and
g Untreated wood in contact with concrete masonry.
52. As a direct result of the collective and individual failures on the part of DIMILLO
and SUMMERPARK, the Association and its members have suffered and continue to suffer
damages proximately caused by defects and deficiencies in the construction of the Community,
including, but not limited to, the following defects in the TDG Townhomes:
A. Roofs:
a Missing/insufficient 4-inch cement over edge flashing flange;
b. Shingles not adhered or cemented to edge flashing;
Shingles do not overhang eave;
Improper starter shingle installation;
e Improper number/spacing of shingle fasteners; and
f. Water intrusion through roof and related components.
B. Windows
a Improper window fastening;
b. Improper window flashing; and
c Water intrusion through the windows and related components.
C. Walls — Stucco Over Wood Frame
a Stucco backing reverse lapped under window sill;
b. Insufficient length of wire lath staples;
c Lack of isolation/improper application of sealant around window
Page 12 of 70
perimeter;
Improper embedment of plaster into lath;
Improper stucco application;
Improperly installed weep screeds/stucco stop;
Inadequate installation of flashing around window perimeter;
Lack of flashing at wall penetration;
Improper application of secondary sealant around window;
Reverse lap of stucco backing;
Trapped moisture between stucco backing and building wrap;
Improper installation of building wrap;
Improper use of J-mold accessory as stucco weep;
Inadequate separation between stucco and dissimilar materials; and
0. Water penetrating through stucco over masonry and framed walls.
D. Walls — Concrete Block
Lack of isolation/improper application of primary sealant around
window perimeter;
Improper application of secondary sealant around window;
Stucco improperly bonded to substrate;
Lack of stucco control joints;
e Improper stucco application; and
f. Water penetrating through stucco over masonry and framed walls.
G. Structural
h. Improper shear wall edge nailing;
Page 13 of 70
Improper shear wall nail sizes;
Sill nailing missing or misses edge blocking;
Undersized sill nails;
Missing hurricane strap;
m, Missing floor boundary nailing; and
g Untreated wood in contact with concrete masonry.
E. Sitework
a Improper protection of wall reinforcement; and
b. Inadequate / lack of proper drainage adjacent exterior wall.
53. Defects and deficiencies associated with ADVANCED’s scope of work include,
but are not limited to, the following:
a Improper installation of building wrap.
54, Defects and deficiencies associated with DON KING’s scope of work include, but
are not limited to, the following:
a Uncontrolled cracking of concrete slab.
55. Defects and deficiencies associated with EXPERT PAINTING’s scope of work
include, but are not limited to, the following:
a. Insufficiently placed required 4-inch wide strip of sealant from roof eave
flange to underlayment;
Unsealed penetrations;
Inadequate separation between stucco and dissimilar materials; and
Lack of isolation/improper application of primary sealant around
window perimeter;
Page 14 of 70
56. Defects and deficiencies associated with HUGH MACDONALD’s scope of work
include, but are not limited to, the following:
a. Missing/insufficient 4-inch cement over edge flashing flange;
b. Shingles not adhered or cemented to edge flashing;
Cc Shingles do not overhang edge flashing;
d Shingles do not overhang eave;
Improper starter shingle installation;
Underlayment short of edge metal;
Improper number/spacing of shingle fasteners;
Overdriven shingle fasteners;
Unsealed/missing diverter at confined rake termination; and
J Water intrusion through roof and related components.
57. Defects and deficiencies associated with IMPERIAL’s scope of work include, but
are not limited to, the following:
a Improper shear wall edge nailing;
b. Improper shear wall nail sizes;
Sill nailing missing or misses edge blocking;
Undersized sill nails;
Missing hurricane strap;
Missing floor boundary nailing; and
g Untreated wood in contact with concrete masonry.
58. Defects and deficiencies associated with TGK’s scope of work include, but are not
limited to, the following:
Page 15 of 70
Stucco backing reverse lapped under window sill;
Insufficient length of wire lath staples;
Lack of isolation/improper application of sealant around window
perimeter;
Paper backed lath not lapped paper-to-paper/lath-to-lath;
Improper embedment of plaster into lath;
Improper installation of stucco control joint accessories;
Improper stucco application;
Lack of weep screed at wood/masonry transition;
Improperly installed weep screeds/stucco stop;
Inadequate installation of flashing around window perimeter;
Lack of flashing around window perimeter;
Lack of flashing at wall penetration;
Unsealed penetration;
Reverse lap of stucco backing;
Trapped moisture between stucco backing and building wrap;
Excessive stapling through window flashing;
Improper installation of building wrap;
Improper use of J-mold accessory as stucco weep;
Inadequate separation between stucco and dissimilar materials;
Water penetrating through stucco over masonry and framed walls;
Lack of isolation/improper application of primary sealant around
window perimeter;
Page 16 of 70
Vv. Improper application of secondary sealant around window;
w. Stucco improperly bonded to substrate; and
x. Lack of stucco control joints.
59. Defects and deficiencies associated with WEATHERMASTER’s scope of work
include, but are not limited to, the following:
a Windows failed water testing;
b. Improperly installed sealant under window fins;
c Inadequate installation of flashing around window perimeter;
d. Damaged window fin;
¢. Incorrect type of window installed; and
f. Water penetration through the windows and related components.
60. Defects and deficiencies associated with WOLF’s scope of work include, but are
not limited to, the following:
a. Insufficient/lack of proper drainage adjacent exterior wall.
61. Defects and deficiencies associated with WEINTRAUB’s scope of work include,
but are not limited to, the following:
a Improper/insufficient inspection of house wrap;
b. Improper/insufficient inspection of building paper and lath;
c Improper/insufficient inspection of stucco installation; and
d. Improper/insufficient final inspection.
62. The defects and deficiencies identified in Paragraphs 51-61 are a violation of
design, building, and construction practices; industry standards, manufacturer requirements,
applicable plans and specifications, and various governmental codes and restrictions, including,
Page 17 of 70
without limitation, the Florida Building Code, as in effect at the time the Townhomes were
constructed, as well as, at the time it was inspected and sold to the public for residential use.
63. The aggregate effect of the defects alleged in Paragraphs 51-61, and elsewhere
herein, have caused, and will continue to cause, damage, including, community-wide water
intrusion resulting in damage to other property and works of other trades, such as roofs, building
envelope, structural framing, interior and exterior finishes, and further risk of future damages
throughout the Townhomes.
64. As a result of the defects identified in Paragraphs 51-61, the Association and its
members have been damaged and injured. Damages include, but are not limited to, the following:
All costs to investigate and develop a scope of repair to the Townhomes;
iL. All costs to repair the defects and the resulting damage to the Townhomes;
iii. All costs to repair defects that may cause future resulting damage;
IV. Loss of use, storage, and temporary housing costs caused by the defects and
required during repairs;
Diminution in value of the Townhomes;
Vi. Costs of temporary repairs;
vii. Incidental and consequential damages caused by the defects;
viii. All costs incurred to prosecute this lawsuit; and
ix. Prejudgment interest.
65. The defects and deficiencies identified in Paragraphs 51-61 were not readily
discoverable by the Association or its members through reasonable inspection at the time of
purchase, and the Association and its members became aware of the defects and deficiencies only
after recent inspections performed by expert consultants.
Page 18 of 70
66. In compliance with § 558.004, Fla. Stat., the Association served upon Defendants
written notices (the “558 Notices”), including statements that the notice was being given to satisfy
the requirements of Ch. 558, Fla. Stat., and specifying in reasonable detail the common defects
a
Preview
Filing # 139876104 E-Filed 12/07/2021 02:18:02 PM THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS | Case No.: 2020-CA-002942 ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Vv. ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; EXPERT PAINTING & PRESSURE WASHING, INC., a Florida Profit Corporation Defendants. ROYAL OAKS HOME, LLC., Cross-Claimant, Vv. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING'S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC N/K/A TGK STUCCO, INC., a Florida corporation, WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND _ INSPECTIONS, INC., WOLF'S IRRIGATION & LANDSCAPING, INC., a Florida corporation; BROWN+COMPANY ARCHITECTURE, INC., a Florida corporation; Cross-Defendants / WEATHERMASTER BUILDING PRODUCTS, INC., a Florida Corporation, Third-Party Plaintiff, v ALL GLASS INSTALLATION CORP., a Florida corporation, CASEY HAWKINS, GLASS, INC., a Florida corporation; DEAN NESBIT, LLC, a Florida limited liability company; HELBERG ENTERPRISES, LLC, a Florida limited liability company; HOBBIT WINDOWS, LLC, a Florida limited liability company; T&M CONSTRUCTION OF SANFORD, INC., a Florida corporation; WELL DONE WINDOWS, INC., a Florida corporation; and WELL HUNG WINDOWS & DOORS, LLC, a Florida limited liability company; Third-Party Defendants. / DON KING’S CONCRETE, INC., a Florida corporation, Third-Party Plaintiff Vv. ER.O. CONSTRUCTION, _ INC., a Florida corporation; LIOS CONCRETE CORP., a Florida corporation; and ATLANTIC CONCRETE SYSTEMS, INC., a Florida corporation. Third-Party Defendants. PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO AMEND PARTY NAME BY INTERLINEATION Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCATION, INC. (the “Association”), by and through the undersigned and pursuant to Rule 1.190 of the Florida Rules of Civil Procedure, hereby files this Unopposed Motion for Leave to Amend Party Name By Interlineation and states in support: 1 Subsequent to filing its Amended Complaint, the Association discovered that one of the entities named as a defendant therein contained a scrivener’s error. 2 Accordingly, the Association requests leave to Amend Party Name by Interlineation to correct the name of Defendant PREMIER PLASTERING OF CENTRAL FLORIDA, INC., N/K/A TGK STUCCO, INC., to TGK STUCCO, INC., as set forth in the corrected Amended Complaint attached hereto as Exhibit A. 3 All allegations against TGK STUCCO, INC. are identical to the allegations against PREMIER PLASTERING OF CENTRAL FLORIDA, INC., N/K/A TGK STUCCO, INC. 4 No parties object to the relief sought herein. 5 This Unopposed Motion for Leave to Amend Party Name by Interlineation is not made for purposes of delay, is brought in good faith, and no party will be prejudiced as a result of this amendment via interlineation as no additional allegations are being asserted. DATED: December 7, 2021 BALL JANIK LLP By: _/s/ Jeffrey A. Widelitz Phillip E. Joseph, FL Bar No. 1000368 Evan J. Small, FL Bar No. 57306 Jeffrey A. Widelitz FL Bar No. 105642 Christopher S. Tribbey, FL Bar No. 1003114 Kasey L. Joyce, FL Bar No. 1024705 201 E Pine Street, Suite 600 Orlando, FL 32801 Telephone: (407) 455-5664 Facsimile: (407) 902-2105 pjoseph@balljanik.com smal|@balljanik.com jwidelitz@balljanik.com ctribbey@balljanik.com kjoyce@balljanik.com ypalmer@balljanik.com dtodd@balljanik.com cbetancourt@balljanik.com bburton@balljanik.com dmiksell balljanik.com orlandodocket@balljanik.com Counsel for Plaintiff Villas at Emerald Lake Homeowners Association, Inc. CERTIFICATE OF SERVICE I certify that a true copy of the foregoing has been filed via the Florida Courts E-Filing Portal on this 7" day of December, 2021. /s/ JeffreyA. Widelitz Jeffrey A. Widelitz SERVICE LIST LANNIE D. HOUGH JR. THAMIR A.R. KADDOURI, JR. ROBIN H. LEAVENGOOD PENELOPE T. ROWLETT JAMES MICHAEL WALLS BETH ANN TOBEY BRIAN C, PORTER Law Office of Thamir A.R. Kaddouri, Jr. P.A. Carlton Fields, P.A. 3220 West Cypress Street 4221 W. Boy Scout Boulevard Tampa, FL 33607 Tampa, FL 33607-5780 P. 813-879-5752 P. 813-223-7000 F. 813-879-5707 F. 813-229-4133 Thamir.kaddouri@tampalaw.org lhough@carltonfields.com ervice@tampalaw.org nbonilla@carltonfields.com beth.tobey@tampalaw.org rleavengood@carltonfields.com bporter carltonfields.com Counsel for Defendant, Imperial Building mwalls@carltonfields.com Corporation johnson@earltonfields.com bwoolard@ecarltonfields.com Counsel for Defendant, Royal Oak Homes, LLC PAUL SIDNEY ELLIOTT PETER J. KAPSALES P.O. Box 274204 MARGARET M. EFTA Tampa, FL 33688-4204 Milne Law Group, P.A. 301 E. Pine Street, Suite 525 P. 813-265-1314 Orlando, FL 32801 F. 813-961-1103 P. 321-558-7700 pse@psejd.com pkapsales@milnelawgroup.com mefta@milnelawgroup.com Counsel for Defendant, Hugh MacDonald eservice@milnelawgroup.com Construction, Inc. (HMC) Counsel for Defendant, Weathermaster Building Products, Inc. DENISE M. ANDERSON ASHLEY M. MATTINGLY Butler Weihmuller Katz Craig LLP 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 P. 813-281-1900 danderson@butler.legal matting! butler.legal jjacobs butler.legal jorge@butler.legal Co-Counsel for Defendant, Hugh MacDonald Construction, Inc. DENISE M. ANDERSON TIMOTHY C. FORD DAVID A. MERCER ANDREW E. HOLWAY Butler Weihmuller Katz Craig, LLP J. ROCCO CAFARO 400 N. Ashley Drive, Suite 2300 RON ESPINAL Hill Ward Henderson Tampa, FL 33602 101 E. Kennedy Blvd., Suite 3700 danderson@butler.legal Tampa, FL 33602 dmercer@butler legal P. 813-221-3900 krieck@butler.legal F. 813-221-2900 jorge@butler.legal Andrew.holway@hwhlaw.com tharry@butler legal Derrick.calandra@hwhlaw.com jill kuty@hwhlaw.con Kathy.wernsing@hwhlaw.com Counsel for Defendant, Don King’s Concrete, rocco.cafaro@hwhlaw.com Inc. ‘on.espinal(@hwhlaw.com Tim.ford@hwhlaw.com Tracy.coale@hwhlaw.com Counsel for Defendant, Weintraub Inspections & Forensics, Inc. n/k/a Weintraub Engineering and Inspections, Inc. JAYNE ANN PITTMAN BRUCE R. CALDERON NATALIE C. FISCHER D. BRYAN HILL Conroy Simberg AUDRA R. CREECH Milber Makris Plousadis & Seiden, LLP Two South Orange Avenue, Suite 300 1900 NW Corporate Blvd. Orlando, FL 32801 East Tower, Suite 440 P. (407) 649-9797 Boca Raton, FL 33431 F. (407) 649-1968 P. (561) 994-7310 eserviceorl@conroysimberg.com F. (561) 994-7313 jpittman@conroysimberg.com bealderon@milbermakris.com mmaitland@conroysimberg.com dhill milbermakris.com creech@milbermakris.com nfischer@conroysimberg.com kmedowell@milbermakris.com Counsel for Defendant, Advanced Wrapping Counsel for Defendant, Brown + Company and Concrete Solutions of Central Florida, Architecture, Inc. Ine. WILLIAM M. WOODS S. SCOTT ROSS The Law Offices of William Woods Groelle & Salmon, P.A. 100 S Missouri Ave Ste 201 1715 N. Westshore Blvd., Suite 320 Tampa, FL 33607 Clearwater, FL 33756-5763 P. (813) 849-7200 O: 727-799-1229 Ext. 4063 gstcourtdoes! @gs yalaw.com C: 727-282-7277 sross@gspalaw.com F: 727-252-1088 ebanks@gspalaw.com meoleman@gspalaw.com wwoods@willwoodslaw.com Counsel for Third-Party Defendant, Helberg AnneLM@willwoodslaw.com Enterprises, LLC Pleadings@willwoodslaw.com JLulgjuraj@willwoodslaw.com Counsel for Third-Party Defendant, All Glass Installation Corp. MICKH-CAMBERF ANDREW T. MARSHALL SARA W. MAPES Lal Ho, Petri} & Coh: Hamilton, Price & Marshall, P.A 201-S-O; A Suite 400 2400 Manatee Ave. W. Bradenton, FL 34205 Orlando, FL 3280+ P. 941-748-0550 F. 941-745-2079 andrew@hamiltonpricelaw.com Lal lst ara@hamiltonpricelaw.com def nancy@hamiltonpricelaw.com ip ii def kelse hamiltonpricelaw.com atmservice@hamiltonpricelaw.com gc Third-P, Defend fe Counsel for T&M Construction of Sanford, Hertel Ine. MICHAEL D. RUEL BRENDEN C. COLLINS Galloway, Johnson, Tompkins, Burr & Smith, P.L.C. 400 N. Ashley Dr., Suite 1000 Tampa, FL 33602 P. 813-977-1200 F. 813-977-1288 tampaservbice@gallowaylawfirm.com mruel@gallowaylawfirm.com beollinsl|@gallowaylawfirm.com Counsel for Third-Party Defendant, Casey Hawkins Glass, Inc. BRUCE R. CALDERON COLE J. COPERTINO D. BRYAN HILL RICHARD L. RUSSO AUDRA R. CREECH Wright, Fulford, Moorhead & Brown, P.A. 505 Maitland Avenue, Suite 1000 Milber Makris Plousadis & Seiden, LLP Altamonte Springs, Florida 32701 1900 NW Corporate Blvd., P. (407) 425-0234 East Tower, Suite 440 F. (407) 425-0260 copertino@wfmblaw.com Boca Raton, FL 33431 tusso@wfmblaw.com P. 561-994-7310 cbraungart@wfmblaw.com F. 561-994-7313 lwilliams(@wfmblaw.com bealderon@milbermakris.com dhill milbermakris.com Counsel for Well Hung Windows & Doors creech@milbermakris.com Counsel for Defendant, Brown + Company Architecture, Inc. JOSEPH L. ZOLLNER CHESLEY G. MOODY, JR. Law Office of Christopher Norris MAI M. LE PO Box 7217 Moody & Graf, P.A. London, KY 40742 1101 N. Lake Destiny Road, Suite 200 P. 904-346-5422 Maitland, FL 32751 F. 866-270-1372 P. (407) 755-6900 FloridaCDLegalMail@LibertyMutual.com F. (407) 755-6913 joseph.zollner@libertymutual.com moody@moodyegraf.com mile@moodyegraf.com Counsel for Lios Concrete Corp kpollak@moodyegraf.com tdixon@moodygraf.con Counsel for Premier Plastering of Central Florida, Inc. & Wolf's Irrigation & Landscaping, Inc. NICOLE SEROPIAN WAYNE M. ALDER JENNIFE SHIPPOLE Fisher Broyles, LLP Law Office of Jennifer L. Shippole 7668 N. W. 125" Way 14050 NW 14th Street, Suite 180 Pompano Beach, FL 33076 Sunrise, Florida 33323 P. 954-603-6174 Phone: 954-417-3066 Ext. 4645 Wayne. alder@fisherbroyles.com jlspleadings@fednat.com wmalder@bellsouthnet.com WM AOcr ocuSOUUINET. COM seropian@fednat.com jshippole@fednat.com Counsel for E..R.O. Construction, Inc. Counsel for Atlantic Concrete Systems, Inc. UNREPRESENTED PARTIES Expert Painting & Pressure Washing, Inc. c/o Richard C. Bates, Registered Agent 3631 Late Morning Cir. Kissimmee, FL 34744 EXHIBIT “A” THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS Case No.: 2020-CA-002942 ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Vv. ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATION & LANDSCAPING, _INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; EXPERT PAINTING & PRESSURE WASHING, INC., a Florida corporation; Defendants. ROYAL OAKS HOME, LLC., Cross-Claimant, Vv. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation, DON KING'S CONCRETE, INC., a Florida corporation, HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; Page 1 of 70 IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC N/K/A TGK STUCCO, INC., a Florida corporation, WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND _ INSPECTIONS, INC., WOLF'S IRRIGATION & LANDSCAPING, INC., a Florida corporation, BROWN+COMPANY ARCHITECTURE, INC., a Florida corporation; Cross-Defendants / WEATHERMASTER BUILDING PRODUCTS, INC., a Florida Corporation, Third-Party Plaintiff, v ALL GLASS INSTALLATION CORP., a Florida corporation, CASEY HAWKINS, GLASS, INC., a Florida corporation; DEAN NESBIT, LLC, a Florida limited liability company; HELBERG ENTERPRISES, LLC, a Florida limited liability company; HOBBIT WINDOWS, LLC, a Florida limited liability company; T&M CONSTRUCTION OF SANFORD, INC., a Florida corporation; WELL DONE WINDOWS, INC., a Florida corporation; and WELL HUNG WINDOWS & DOORS, LLC, a Florida limited liability company; Third-Party Defendants. AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. (the “Association”), by and through undersigned counsel, hereby sues Defendants ROYAL OAK HOMES, LLC (“ROYAL OAK”); ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC. (“ADVANCED”); DON KING’S CONCRETE, INC. (“DON Page 2 of 70 KING”); HUGH MACDONALD CONSTRUCTION, INC. (“HUGH MACDONALD”); IMPERIAL BUILDING CORPORATION (“IMPERIAL”); TGK STUCCO, INC. (“TGK”); WEATHERMASTER BUILDING PRODUCTS, INC. (“WEATHERMASTER”); WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC. (“WEINTRAUB”); THE DIMILLO GROUP, LLC (“DIMILLO”); WOLF’S IRRIGATION & LANDSCAPING, INC. (“WOLF”); SUMMERPARK HOMES, INC. (“SUMMERPARK”); BROWN+COMPANY ARCHITECTURE, INC. (“BROWN”); EXPERT PAINTING & PRESSURE WASHING, INC. (“EXPERT PAINTING”) and seeks trial by jury. In support thereof, the Association alleges as follows: NATURE OF THE CASE 1 This is an action for damages arising from the negligent and defective development, design, construction, and sale of the townhomes and common areas at Villas at Emerald Lake in Kissimmee, Osceola County, Florida (the “Community” or the “Townhomes”), caused by the Defendants. JURISDICTION AND VENUE 2. This is an action for monetary damages in excess of $30,000.00, exclusive of interest, costs, and attorney’s fees, and this Court otherwise has jurisdiction over the subject matter hereof. 3 The subject property of this action is located in Osceola County, Florida. 4 The Association has an office for the transaction of its usual and customary business in Osceola County, Florida. 5 At all times material, the Defendants conducted business or resided in Osceola County, Florida. Page 3 of 70 6 The acts and/or omissions giving rise to this Complaint took place in Osceola County, Florida and each cause of action occurred in Osceola County, Florida. Therefore, jurisdiction and venue are proper in this county. 7 All conditions precedent to bringing this action have occurred or have been waived, including, but not limited to, the requirements of Chapter 558, Fla. Stat. 8 The alleged defects herein have been examined and certified by an appropriately licensed Florida engineer, design professional, contractor, or otherwise licensed Florida individual or entity. PARTIES 9 The Association is a Florida non-profit corporation and has an office for the transaction of its usual and customary business in Osceola County, Florida. 10. The Association is a corporation organized and existing under Chapter 720, Fla. Stat., to provide a corporate entity for the operation of the Community in Osceola County, Florida. 11. The Association brings this action in its own right and as representative of the Community members pursuant to § 720.303(1), Fla. Stat, and Fla. R. Civ. P. 1.221. The Association is the lawful, adequate, and appropriate representative of the unit owners comprising the Community and all common areas, improvements, matters of common interest, and appurtenances incident thereto. 12. Upon information and belief, ROYAL OAK is a Florida limited liability company with its principal place of business located at 4900 North Scottsdale Road, Suite 2000, Scottsdale, Arizona 85251. 13. Upon information and belief, ROYAL OAK served as the developer and as the licensed general contractor, as that term is defined in § 489.105(3)(a), Fla. Stat., for the Page 4 of 70 construction of seventy-seven (77) units within the Community and common areas. 14. Upon information and belief, DIMILLO is a Florida limited liability company with its principal place of business located at 1355 S. International Parkway, Suite 2461, Lake Mary, Florida 32746. 15. Upon all information and belief, DIMILLO served as the developer for the construction of twelve (12) units within the Community and common areas. 16. Upon information and belief, SUMMERPARK is a Florida profit corporation with its principal place of business located at 279 Chiswell Place, Lake Mary, Florida 32746. 17. Upon all information and belief, SUMMERPARK served as the developer and licensed general contractor, as that term is defined in § 489.105(3)(a), Fla. Stat., for the construction of twelve (12) units within the Community and common areas. 18. Upon information and belief, ADVANCED is a Florida profit corporation with its principal place of business located at 3435 Ravencreek Lane, Oviedo, Florida 32766. 19. Upon information and belief, ADVANCED was responsible for all aspects of its scope of work including, but not limited to, providing services and/or materials with respect to the house-wrap and weather resistant barrier of the Townhomes developed by ROYAL OAK. 20. Upon information and belief, DON KING is a Florida profit corporation with its principal place of business located at 1707 Kennedy Point, Oviedo, Florida 32765. 21. Upon information and belief, DON KING was responsible for all aspects of its scope of work including, but not limited to, providing services and/or materials with respect to the concrete, slabs, and masonry of the Townhomes developed by ROYAL OAK. 22. Upon information and belief, EXPERT PAINTING is a Florida profit corporation Page 5 of 70 with its principal place of business located at 3631 Late Morning Circle, Kissimmee, Florida 34744, 23. Upon all information and belief, EXPERT PAINTING was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the interior and exterior painting and/or sealant of the Townhomes developed by ROYAL OAK. 24. Upon information and belief, HUGH MACDONALD is a Florida profit corporation with its principal place of business located at 10825 Tom Folsom Road, Suite A, Thonotosassa, Florida 33592. 25. Upon all information and belief, HUGH MACDONALD was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the roofing of the Townhomes developed by ROYAL OAK. 26. Upon information and belief, IMPERIAL is a Florida profit corporation with its principal place of business located at 919 Outer Road, Suite B, Orlando, Florida 33592. 27. Upon all information and belief, IMPERIAL was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the carpentry and framing of the Townhomes developed by ROYAL OAK. 28. Upon information and belief, TGK is a Florida profit corporation with its principal place of business located at 2331 Pine Meadows Place, Chuluota, Florida 32766. 29. Upon all information and belief, TGK was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the stucco of the Townhomes developed by ROYAL OAK. 30. Upon information and belief, WEATHERMASTER is a Florida profit corporation with its principal place of business located at 112 Central Park Place, Sanford, Florida 32771. Page 6 of 70 31. Upon all information and belief, WEATHERMASTER was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the windows of the Townhomes developed by ROYAL OAK. 32. Upon information and belief, WOLF is a Florida profit corporation with its principal place of business located at 4275 Albritton Road, St. Cloud, Florida 34772. 33. Upon all information and belief, WOLF was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the landscaping and irrigation of the Townhomes developed by ROYAL OAK. 34. Upon information and belief, WEINTRAUB is a Florida profit corporation with its principal place of business located at 3868 Sun City Center Blvd., Sun City Center, Florida 33573. 35. Upon all information and belief, WEINTRAUB was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the inspections of the house-wrap, building paper/lath, stucco installation, and final inspections of the Townhomes developed by ROYAL OAK. 36. Upon information and belief, BROWN is a Florida profit corporation with its principal place of business located at 503 Berwick Drive, Winter Park, Florida 32792. 37. Upon all information and belief, BROWN was responsible for all aspects of its scope of work including, but not limited to, services and/or materials with respect to the design of the Townhomes developed by ROYAL OAK. 38. Upon information and belief, ADVANCED, DON KING, EXPERT PAINTING, HUGH MACDONALD, IMPERIAL, TGK, WEATHERMASTER, and WOLF served as subcontractors for ROYAL OAK in the construction of the Townhomes developed by ROYAL OAK and shall collectively be referred to as “ROH Subcontractors.” Page 7 of 70 39. Upon information and belief, WEINTRAUB served as the inspector and BROWN served as the architect for ROYAL OAK in the construction of the townhomes developed by ROYAL OAK and will collectively be referred to as the “ROH Design Professionals.” 40. As a result of the Defendants’ conduct, the Association has been required to retain the services of the undersigned counsel to represent its interests in this action and is obligated to pay a reasonable fee for their services. FACTS COMMON TO ALL CLAIMS FOR RELIEF 41. The Community consists of twelve (12) residential buildings with approximately 89 residential units, plus a clubhouse and other common areas. 42. Upon information and belief, twelve (12) of the 89 units of the Community were developed and constructed by DIMILLO and SUMMERPARK (“TDG Townhomes”).! 43. Upon information and belief, 77 of the 89 units of the Community were developed and constructed by ROYAL OAK (“ROH Townhomes”).” 44, The Association’s members are collectively the fee-simple owners of the Townhomes, the common areas, and the real property, which comprise the Community. 45. The Association is responsible for the maintenance and repair of the common areas of the Community, including, but not limited to, the roofs, windows, exterior walls, landscaping, and irrigation. 46. The Association has the duty to maintain the Community by making all proper expenditures, where possible, for the upkeep, maintenance, and management of the Community. 47. Upon information and belief, ROYAL OAK, DIMILLO, and SUMMERPARK controlled the Association before the unit owners, other than the developer, were able to elect a ' DIMILLIO and SUMMERPARK developed and constructed Units 150-161. ? ROYAL OAK developed and constructed Units 110-149 and 162-197. Page 8 of 70 majority of the board members of the Association. 48. The causes of action alleged herein concern matters of common interest to the Association’s members, including, but not limited to, matters affecting the Townhomes and all common elements of the Community. 49. Defendants undertook to construct the Townhomes and common areas for sale to, and use of, the general public, including the Association, its members, and their predecessors in interest. 50. As provided further in Paragraphs 51-61, and elsewhere herein, upon information and belief, Defendants failed to reasonably and adequately design, develop, and/or construct the Townhomes and commons areas in accordance with the applicable Florida Building Code, manufacturers’ recommendations, permitted plans and specifications, and the industry standards. Sl. As a direct result of the collective and individual failures on the part of ROYAL OAK, ROH Subcontractors and ROH Design Professionals, the Association and its members have suffered and continue to suffer damages proximately caused by defects and deficiencies in the construction of the Community, including, but not limited to, the following defects in the ROH Townhomes: A. Roofs: Missing/insufficient 4-inch cement over edge flashing flange; Shingles not adhered or cemented to edge flashing; Shingles do not overhang edge flashing; Shingles do not overhang eave; Improper starter shingle installation; Underlayment short of edge metal; Page 9 of 70 Improper number/spacing of shingle fasteners; Overdriven shingle fasteners; Unsealed/missing diverter at confined rake termination; and J Water intrusion through roof and related components. B. Windows a Windows failed water testing; b. Improperly installed sealant under window fins; Damaged window fin; Incorrect type of window installed; and ¢. Water intrusion through the windows and related components. C. Walls — Stucco a Stucco backing reverse lapped under window sill; b. Insufficient length of wire lath staples; Lack of isolation/improper application of sealant around window perimeter; Paper backed lath not lapped paper-to-paper/lath-to-lath; Improper embedment of plaster into lath; Improper installation of stucco control joint accessories; Improper stucco application; Lack of weep screed at wood/masonry transition; Improperly installed weep screeds/stucco stop; Inadequate installation of flashing around window perimeter; Lack of flashing around window perimeter; Page 10 of 70 Lack of flashing at wall penetration; Unsealed penetration; Reverse lap of stucco backing; Trapped moisture between stucco backing and building wrap; Excessive stapling through window flashing; Improper installation of building wrap; Improper use of J-mold accessory as stucco weep; Ss. Inadequate separation between stucco and dissimilar materials; and t. Water penetrating through stucco over masonry and framed walls. D. Walls — Concrete Block Lack of isolation/improper application of primary sealant around window perimeter; Improper application of secondary sealant around window; Stucco improperly bonded to substrate; Lack of stucco control joints; e Improper stucco application; and f. Water penetrating through stucco over masonry and framed walls. E. Floors a Uncontrolled cracking of concrete slab. F. Structural a Improper shear wall edge nailing; b. Improper shear wall nail sizes; c Sill nailing missing or misses edge blocking; Page 11 of 70 Undersized sill nails; Missing hurricane strap; Missing floor boundary nailing; and g Untreated wood in contact with concrete masonry. 52. As a direct result of the collective and individual failures on the part of DIMILLO and SUMMERPARK, the Association and its members have suffered and continue to suffer damages proximately caused by defects and deficiencies in the construction of the Community, including, but not limited to, the following defects in the TDG Townhomes: A. Roofs: a Missing/insufficient 4-inch cement over edge flashing flange; b. Shingles not adhered or cemented to edge flashing; Shingles do not overhang eave; Improper starter shingle installation; e Improper number/spacing of shingle fasteners; and f. Water intrusion through roof and related components. B. Windows a Improper window fastening; b. Improper window flashing; and c Water intrusion through the windows and related components. C. Walls — Stucco Over Wood Frame a Stucco backing reverse lapped under window sill; b. Insufficient length of wire lath staples; c Lack of isolation/improper application of sealant around window Page 12 of 70 perimeter; Improper embedment of plaster into lath; Improper stucco application; Improperly installed weep screeds/stucco stop; Inadequate installation of flashing around window perimeter; Lack of flashing at wall penetration; Improper application of secondary sealant around window; Reverse lap of stucco backing; Trapped moisture between stucco backing and building wrap; Improper installation of building wrap; Improper use of J-mold accessory as stucco weep; Inadequate separation between stucco and dissimilar materials; and 0. Water penetrating through stucco over masonry and framed walls. D. Walls — Concrete Block Lack of isolation/improper application of primary sealant around window perimeter; Improper application of secondary sealant around window; Stucco improperly bonded to substrate; Lack of stucco control joints; e Improper stucco application; and f. Water penetrating through stucco over masonry and framed walls. G. Structural h. Improper shear wall edge nailing; Page 13 of 70 Improper shear wall nail sizes; Sill nailing missing or misses edge blocking; Undersized sill nails; Missing hurricane strap; m, Missing floor boundary nailing; and g Untreated wood in contact with concrete masonry. E. Sitework a Improper protection of wall reinforcement; and b. Inadequate / lack of proper drainage adjacent exterior wall. 53. Defects and deficiencies associated with ADVANCED’s scope of work include, but are not limited to, the following: a Improper installation of building wrap. 54, Defects and deficiencies associated with DON KING’s scope of work include, but are not limited to, the following: a Uncontrolled cracking of concrete slab. 55. Defects and deficiencies associated with EXPERT PAINTING’s scope of work include, but are not limited to, the following: a. Insufficiently placed required 4-inch wide strip of sealant from roof eave flange to underlayment; Unsealed penetrations; Inadequate separation between stucco and dissimilar materials; and Lack of isolation/improper application of primary sealant around window perimeter; Page 14 of 70 56. Defects and deficiencies associated with HUGH MACDONALD’s scope of work include, but are not limited to, the following: a. Missing/insufficient 4-inch cement over edge flashing flange; b. Shingles not adhered or cemented to edge flashing; Cc Shingles do not overhang edge flashing; d Shingles do not overhang eave; Improper starter shingle installation; Underlayment short of edge metal; Improper number/spacing of shingle fasteners; Overdriven shingle fasteners; Unsealed/missing diverter at confined rake termination; and J Water intrusion through roof and related components. 57. Defects and deficiencies associated with IMPERIAL’s scope of work include, but are not limited to, the following: a Improper shear wall edge nailing; b. Improper shear wall nail sizes; Sill nailing missing or misses edge blocking; Undersized sill nails; Missing hurricane strap; Missing floor boundary nailing; and g Untreated wood in contact with concrete masonry. 58. Defects and deficiencies associated with TGK’s scope of work include, but are not limited to, the following: Page 15 of 70 Stucco backing reverse lapped under window sill; Insufficient length of wire lath staples; Lack of isolation/improper application of sealant around window perimeter; Paper backed lath not lapped paper-to-paper/lath-to-lath; Improper embedment of plaster into lath; Improper installation of stucco control joint accessories; Improper stucco application; Lack of weep screed at wood/masonry transition; Improperly installed weep screeds/stucco stop; Inadequate installation of flashing around window perimeter; Lack of flashing around window perimeter; Lack of flashing at wall penetration; Unsealed penetration; Reverse lap of stucco backing; Trapped moisture between stucco backing and building wrap; Excessive stapling through window flashing; Improper installation of building wrap; Improper use of J-mold accessory as stucco weep; Inadequate separation between stucco and dissimilar materials; Water penetrating through stucco over masonry and framed walls; Lack of isolation/improper application of primary sealant around window perimeter; Page 16 of 70 Vv. Improper application of secondary sealant around window; w. Stucco improperly bonded to substrate; and x. Lack of stucco control joints. 59. Defects and deficiencies associated with WEATHERMASTER’s scope of work include, but are not limited to, the following: a Windows failed water testing; b. Improperly installed sealant under window fins; c Inadequate installation of flashing around window perimeter; d. Damaged window fin; ¢. Incorrect type of window installed; and f. Water penetration through the windows and related components. 60. Defects and deficiencies associated with WOLF’s scope of work include, but are not limited to, the following: a. Insufficient/lack of proper drainage adjacent exterior wall. 61. Defects and deficiencies associated with WEINTRAUB’s scope of work include, but are not limited to, the following: a Improper/insufficient inspection of house wrap; b. Improper/insufficient inspection of building paper and lath; c Improper/insufficient inspection of stucco installation; and d. Improper/insufficient final inspection. 62. The defects and deficiencies identified in Paragraphs 51-61 are a violation of design, building, and construction practices; industry standards, manufacturer requirements, applicable plans and specifications, and various governmental codes and restrictions, including, Page 17 of 70 without limitation, the Florida Building Code, as in effect at the time the Townhomes were constructed, as well as, at the time it was inspected and sold to the public for residential use. 63. The aggregate effect of the defects alleged in Paragraphs 51-61, and elsewhere herein, have caused, and will continue to cause, damage, including, community-wide water intrusion resulting in damage to other property and works of other trades, such as roofs, building envelope, structural framing, interior and exterior finishes, and further risk of future damages throughout the Townhomes. 64. As a result of the defects identified in Paragraphs 51-61, the Association and its members have been damaged and injured. Damages include, but are not limited to, the following: All costs to investigate and develop a scope of repair to the Townhomes; iL. All costs to repair the defects and the resulting damage to the Townhomes; iii. All costs to repair defects that may cause future resulting damage; IV. Loss of use, storage, and temporary housing costs caused by the defects and required during repairs; Diminution in value of the Townhomes; Vi. Costs of temporary repairs; vii. Incidental and consequential damages caused by the defects; viii. All costs incurred to prosecute this lawsuit; and ix. Prejudgment interest. 65. The defects and deficiencies identified in Paragraphs 51-61 were not readily discoverable by the Association or its members through reasonable inspection at the time of purchase, and the Association and its members became aware of the defects and deficiencies only after recent inspections performed by expert consultants. Page 18 of 70 66. In compliance with § 558.004, Fla. Stat., the Association served upon Defendants written notices (the “558 Notices”), including statements that the notice was being given to satisfy the requirements of Ch. 558, Fla. Stat., and specifying in reasonable detail the common defects a