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35-2024-CA-000474-AXXX-01
Filing # 193768533 E-Filed 03/11/2024 04:44:21 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
CIVIL DIVISION
ALICIA LAWRENCE,
Plaintiff, Case No.:
v.
MARONDA HOMES, LLC, successor-in-
interest by conversion of MARONDA
HOMES, INC. OF FLORIDA,
Defendant.
_________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, ALICIA LAWRENCE, by and through her undersigned counsel, hereby sues
Defendant, MARONDA HOMES, LLC, successor-in-interest by conversion of MARONDA
HOMES, INC. OF FLORIDA, and alleges as follows:
JURISDICTION, PARTIES AND VENUE
1. This is an action for damages in excess of $50,001.00, exclusive of interest, costs
and attorneys’ fees.
2. Plaintiff, ALICIA LAWRENCE, is a resident, of, and/or owns property in Lake
County, Florida.
3. Defendant, MARONDA HOMES, LLC, successor-in-interest by conversion of
MARONDA HOMES, INC. OF FLORIDA, is a Florida limited liability company authorized to
conduct business in the state of Florida. Defendant builds homes in Lake County, Florida, and is
operating, conducting, engaging in, and carrying on a business or business venture in Lake County,
Florida, and has an office or agency in Lake County, Florida.
4. Venue for this action is properly in Lake County, Florida, pursuant to section
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/12/2024 10:05:59 AM
47.051, Florida Statutes, as Defendant has an agent or other representative in Lake County, Florida,
the causes of action set forth herein accrued in Lake County, Florida, and the subject real property
is located in Lake County, Florida.
GENERAL ALLEGATIONS
5. Plaintiff owns the home located at 2382 Norwood Place, Tavares, Florida 32778
(the “Home”).
6. Defendant is the General Contractor who agreed to construct or oversee the
construction of the Home.
7. Florida law requires that all homes be built according to the minimum requirements
of the Florida Building Code.
8. Defendant submitted a building application with plans and specifications for
Plaintiff’s Home based upon which the County issued a building permit.
9. Defendant built and/or supervised the construction of the Home.
10. Defendant had a General Scope of Work that it required all subcontractors to
comply with when constructing the Home.
11. Defendant had a non-delegable duty to supervise the construction of the Home and
ensure that it is built according to the Florida Building Code.
12. Defendant oversaw the construction of the stucco exterior.
13. Subsequent to the construction of the Home, certain design and construction
deficiencies were observed at the Home, which include, but are not limited to, an inadequately and
improperly installed stucco system.
14. The Defendant violated the Florida Building Code, including the applicable ASTM
Standards, by allowing the inadequate and improper installation of the various components of the
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stucco system and exterior envelope on the Home.
15. The Defendant violated one or more of the following Florida Building Code
requirements: 1
Section R703 of the 2010 FBC, which generally discusses exterior wall covering
requirements.
Section R703.1, which requires that exterior walls shall provide the building with a
weather-resistant exterior wall envelope.
Section R703.6.1, which states: Exterior use of Portland cement plaster shall comply
with the application requirements of ASTM C 926.
Section R703.6.2. which states: Installation of exterior lathing and framing shall comply
with the application requirements of ASTM C 1063.
Section R703.1.1, which requires a means of draining water to the exterior any water that
enters the wall assembly.
16. Defendant failed to comply with one or more of the following ASTM Standards in
the construction of Plaintiff’s Home:
Section 7.1.1 of ASTM C926 – requiring 3 coat stucco over wood frame to be applied to a
nominal thickness of 7/8 of an inch.
Section 7.1.2 of ASTM C926 states:
Plaster nominal thickness shall be measured from the back plane of the metal plaster
base, exclusive of ribs or dimples, or from the face of the solid backing with or without
metal plaster base, to the outer surface exclusive of texture variations.
Section 7.1.3 of ASTM C926 states:
Portland cement-based plaster shall be applied on furred metal plaster base when the
surface of solid backing consists of gypsum board, gypsum plaster, wood, or rigid foam
board-type products.
Section 7.1.4 of ASTM C926 states:
Separation shall be provided where plaster abuts dissimilar construction materials or
openings.
ASTM C926 Annex section A2.1.1 states:
Flashing shall be specified at openings, perimeters, and terminations to prevent water
from getting behind plaster.
Section 7.11.3 of ASTM C1063 states:
1
The provisions listed in this and the following paragraph are not meant to be an exhaustive list of all of the building
code provisions that Defendants violated, but rather act as a guidepost to help narrow the issues in the instant case.
3
Casing Bead – Nonload-bearing members shall be isolated from load-bearing members,
and all penetrating elements, with casing beads or other suitable means, to avoid transfer
of structural loads, and to separate from dissimilar materials.
Section 7.11.4.1 of ASTM C1063 states:
Control Joints – Control (expansion and contraction) joints shall be installed in walls to
delineate areas not more than 144 ft2 (13.4 m2) and to delineate areas not more than 100
ft2 (9.30 m2) for all horizontal applications, that is, ceilings, curves, or angle type
structures.
Section 7.11.4.2 of ASTM C1063 states:
The distance between control joints shall not exceed 18 ft (5.5m) in either direction or a
length-to-width ratio of 2 ½ to 1. A control joint shall be installed where the ceiling
framing or furring changes direction.
Additionally, ASTM 1063 provides that the paper backed lath must be applied paper to
paper and metal to metal, and the appropriate weep screeds be applied to permit drainage
from the wall assembly.
17. Defendant is in violation of section 558.002, Florida Statutes, which states:
(5) “Construction defect” means a deficiency in, or a deficiency arising out of, the
design, specifications, surveying, planning, supervision, observation of construction, or
construction, repair, alteration, or remodeling of real property resulting from:
(a) Defective material, products, or components used in the construction or
remodeling;
(b) A violation of the applicable codes in effect at the time of construction or
remodeling which gives rise to a cause of action pursuant to s. 553.84;
(c) A failure of the design of real property to meet the applicable professional
standards of care at the time of governmental approval; or
(d) A failure to construct or remodel real property in accordance with accepted trade
standards for good and workmanlike construction at the time of construction.
18. Plaintiff seeks recovery herein for damages proximately caused by the improper
design and/or construction of the Home, which resulted in the numerous defects and deficiencies
in various systems and components at the Home, including violations of local and national building
codes.
19. The existence or causes of the defects are not readily recognizable by Plaintiff, who
lacks special knowledge or training. The defects are hidden by components or finishes, are latent
4
in nature, and are defects that require special knowledge or training to ascertain and determine the
nature and cases of the defects.
20. All conditions precedent to the maintenance of this action have occurred, have been
performed or have been waived, including but not limited to the requirements of section 558.004,
Florida Statutes.
COUNT I - VIOLATION OF SECTION 553.84, FLA. STAT.
21. Plaintiff adopts, realleges and incorporates by reference the allegations contained
in paragraphs 1 through 20 above as though fully set forth herein.
22. Section 553.84, Florida Statutes, expressly creates a statutory cause of action on
behalf of any person damaged as result of a violation of the Florida Building Codes Act (sections
553.70, et. seq., Florida Statutes), against the party or parties committing the violations.
23. Defendant was thus under a statutory duty to Plaintiff, pursuant to the Florida
Building Codes Act, to construct, supervise construction and deliver the Home in compliance with
all applicable local, state, and national building codes and regulations.
24. Defendant in inspecting, constructing, supervising the construction and delivering
the Home, failed to comply with all applicable local, state, and national building codes and
regulations, including, but not limited to The Florida Building Code, in contravention of the
Florida Building Codes Act.
25. Defendant in inspecting, constructing, supervising construction and delivering the
Home, failed to comply with all applicable local, state, and national building codes and regulations,
and knew or should have known that the Home was in violation of The Florida Building Code and
in contravention of the Florida Building Codes Act.
26. Due to Defendant’s failure in complying with the aforementioned statutes and
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codes, Plaintiff has suffered from construction defects and material code violations.
27. As a direct and proximate result of the construction defects and material code
violations, the Home has suffered damages not only to the exterior stucco, but also to the
underlying wire lath, paper backing, water resistive barriers, sheathing, interior walls, interior
floors and/or other property.
28. As a direct and proximate result of the construction defects and material code
violations, Plaintiff has been damaged in that the defects and violations substantially reduce the
value of the Home and/or require significant repairs and renovations to correct such defects and
violations.
WHEREFORE, Plaintiff respectfully requests the Court to enter final judgment against
Defendant for damages, together with interest, costs and such other and further relief as the Court
deems just and appropriate.
COUNT II – NEGLIGENCE
(VICARIOUS LIABILITY FOR THE SUBCONTRACTORS’ WORK PRODUCT)
29. Plaintiff adopts, realleges and incorporates by reference the allegations contained
in paragraphs 1 through 20 above as though fully set forth herein.
30. Defendant contracted the construction of the Home to various subcontractors.
31. Defendant had a non-delegable duty to deliver the Home fee of defects and in
compliance with the Florida Building Code.
32. The stucco, paint, sealants and/or house wrap subcontractors (the “responsible
contractors”) failed to construct the home free of defects and in compliance with the Florida
Building Code. Defendant, as the developer and general contractor, is vicariously liable for the
negligence of those subcontractors.
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33. The responsible subcontractors failed to comply with the Florida Building Code
when constructing the Home and failed to adhere to industry standards when installing the stucco
envelope, including the metal lath, paper, accessories and stucco.
34. The negligence by the responsible subcontractors directly led to cracking where
water ultimately infiltrated the stucco envelope causing damage to the underlying wire lath, paper
backing, water resistive barriers, sheathing, framing, exterior floors or tiles, interior walls, interior
floors and/or other property.
35. As a direct and proximate result of all of the responsible subcontractors’ negligence,
the Home has suffered damages not only to the exterior stucco, but also to the underlying wire
lath, paper backing, water resistive barriers, sheathing, framing, interior walls, exterior floors or
tiles, interior floors and/or other property.
36. As a direct and proximate result of all of the responsible subcontractors’ negligence,
Plaintiff has been damaged in that the defects and violations substantially reduce the value of the
Home and/or require significant repairs and renovations to correct such defects and violations.
37. The Defendant is vicariously liable for the negligence of the active tortfeasors, the
stucco, paint and house wrap.
WHEREFORE, Plaintiff respectfully requests the Court to enter final judgment against
Defendant for damages, together with interest, costs and such other and further relief as the Court
deems just and appropriate.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable.
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NOTICE OF FILING DESIGNATION OF E-MAIL ADDRESSES
Pursuant to Fla. R. Civ. P. 1.080 and Fla. R. Jud. Admin. 2.516, undersigned counsel’s
designation of e-mail addresses for service of Court papers are as follows:
Primary E-mail: jzudar@wrzlaw.com
Secondary E-mail: kvenette@wrzlaw.com
Dated this 11th day of March, 2024.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
together with the Summons as of the date so indicated on the corresponding Return of Service.
/s/ Joshua M. Zudar
JOSHUA M. ZUDAR, ESQ.
Florida Bar No.: 0059616
WILSON REEDER & ZUDAR, P.A.
12005 Whitmarsh Lane
Tampa, Florida 33626
Phone: (813) 575-4100
Primary email: jzudar@wrzlaw.com
Secondary email: kvenette@wrzlaw.com
Attorney for Plaintiff
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Preview
35-2024-CA-000474-AXXX-01 Filing # 193768533 E-Filed 03/11/2024 04:44:21 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CIVIL DIVISION ALICIA LAWRENCE, Plaintiff, Case No.: v. MARONDA HOMES, LLC, successor-in- interest by conversion of MARONDA HOMES, INC. OF FLORIDA, Defendant. _________________________________/ COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, ALICIA LAWRENCE, by and through her undersigned counsel, hereby sues Defendant, MARONDA HOMES, LLC, successor-in-interest by conversion of MARONDA HOMES, INC. OF FLORIDA, and alleges as follows: JURISDICTION, PARTIES AND VENUE 1. This is an action for damages in excess of $50,001.00, exclusive of interest, costs and attorneys’ fees. 2. Plaintiff, ALICIA LAWRENCE, is a resident, of, and/or owns property in Lake County, Florida. 3. Defendant, MARONDA HOMES, LLC, successor-in-interest by conversion of MARONDA HOMES, INC. OF FLORIDA, is a Florida limited liability company authorized to conduct business in the state of Florida. Defendant builds homes in Lake County, Florida, and is operating, conducting, engaging in, and carrying on a business or business venture in Lake County, Florida, and has an office or agency in Lake County, Florida. 4. Venue for this action is properly in Lake County, Florida, pursuant to section FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/12/2024 10:05:59 AM 47.051, Florida Statutes, as Defendant has an agent or other representative in Lake County, Florida, the causes of action set forth herein accrued in Lake County, Florida, and the subject real property is located in Lake County, Florida. GENERAL ALLEGATIONS 5. Plaintiff owns the home located at 2382 Norwood Place, Tavares, Florida 32778 (the “Home”). 6. Defendant is the General Contractor who agreed to construct or oversee the construction of the Home. 7. Florida law requires that all homes be built according to the minimum requirements of the Florida Building Code. 8. Defendant submitted a building application with plans and specifications for Plaintiff’s Home based upon which the County issued a building permit. 9. Defendant built and/or supervised the construction of the Home. 10. Defendant had a General Scope of Work that it required all subcontractors to comply with when constructing the Home. 11. Defendant had a non-delegable duty to supervise the construction of the Home and ensure that it is built according to the Florida Building Code. 12. Defendant oversaw the construction of the stucco exterior. 13. Subsequent to the construction of the Home, certain design and construction deficiencies were observed at the Home, which include, but are not limited to, an inadequately and improperly installed stucco system. 14. The Defendant violated the Florida Building Code, including the applicable ASTM Standards, by allowing the inadequate and improper installation of the various components of the 2 stucco system and exterior envelope on the Home. 15. The Defendant violated one or more of the following Florida Building Code requirements: 1 Section R703 of the 2010 FBC, which generally discusses exterior wall covering requirements. Section R703.1, which requires that exterior walls shall provide the building with a weather-resistant exterior wall envelope. Section R703.6.1, which states: Exterior use of Portland cement plaster shall comply with the application requirements of ASTM C 926. Section R703.6.2. which states: Installation of exterior lathing and framing shall comply with the application requirements of ASTM C 1063. Section R703.1.1, which requires a means of draining water to the exterior any water that enters the wall assembly. 16. Defendant failed to comply with one or more of the following ASTM Standards in the construction of Plaintiff’s Home: Section 7.1.1 of ASTM C926 – requiring 3 coat stucco over wood frame to be applied to a nominal thickness of 7/8 of an inch. Section 7.1.2 of ASTM C926 states: Plaster nominal thickness shall be measured from the back plane of the metal plaster base, exclusive of ribs or dimples, or from the face of the solid backing with or without metal plaster base, to the outer surface exclusive of texture variations. Section 7.1.3 of ASTM C926 states: Portland cement-based plaster shall be applied on furred metal plaster base when the surface of solid backing consists of gypsum board, gypsum plaster, wood, or rigid foam board-type products. Section 7.1.4 of ASTM C926 states: Separation shall be provided where plaster abuts dissimilar construction materials or openings. ASTM C926 Annex section A2.1.1 states: Flashing shall be specified at openings, perimeters, and terminations to prevent water from getting behind plaster. Section 7.11.3 of ASTM C1063 states: 1 The provisions listed in this and the following paragraph are not meant to be an exhaustive list of all of the building code provisions that Defendants violated, but rather act as a guidepost to help narrow the issues in the instant case. 3 Casing Bead – Nonload-bearing members shall be isolated from load-bearing members, and all penetrating elements, with casing beads or other suitable means, to avoid transfer of structural loads, and to separate from dissimilar materials. Section 7.11.4.1 of ASTM C1063 states: Control Joints – Control (expansion and contraction) joints shall be installed in walls to delineate areas not more than 144 ft2 (13.4 m2) and to delineate areas not more than 100 ft2 (9.30 m2) for all horizontal applications, that is, ceilings, curves, or angle type structures. Section 7.11.4.2 of ASTM C1063 states: The distance between control joints shall not exceed 18 ft (5.5m) in either direction or a length-to-width ratio of 2 ½ to 1. A control joint shall be installed where the ceiling framing or furring changes direction. Additionally, ASTM 1063 provides that the paper backed lath must be applied paper to paper and metal to metal, and the appropriate weep screeds be applied to permit drainage from the wall assembly. 17. Defendant is in violation of section 558.002, Florida Statutes, which states: (5) “Construction defect” means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from: (a) Defective material, products, or components used in the construction or remodeling; (b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to s. 553.84; (c) A failure of the design of real property to meet the applicable professional standards of care at the time of governmental approval; or (d) A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction. 18. Plaintiff seeks recovery herein for damages proximately caused by the improper design and/or construction of the Home, which resulted in the numerous defects and deficiencies in various systems and components at the Home, including violations of local and national building codes. 19. The existence or causes of the defects are not readily recognizable by Plaintiff, who lacks special knowledge or training. The defects are hidden by components or finishes, are latent 4 in nature, and are defects that require special knowledge or training to ascertain and determine the nature and cases of the defects. 20. All conditions precedent to the maintenance of this action have occurred, have been performed or have been waived, including but not limited to the requirements of section 558.004, Florida Statutes. COUNT I - VIOLATION OF SECTION 553.84, FLA. STAT. 21. Plaintiff adopts, realleges and incorporates by reference the allegations contained in paragraphs 1 through 20 above as though fully set forth herein. 22. Section 553.84, Florida Statutes, expressly creates a statutory cause of action on behalf of any person damaged as result of a violation of the Florida Building Codes Act (sections 553.70, et. seq., Florida Statutes), against the party or parties committing the violations. 23. Defendant was thus under a statutory duty to Plaintiff, pursuant to the Florida Building Codes Act, to construct, supervise construction and deliver the Home in compliance with all applicable local, state, and national building codes and regulations. 24. Defendant in inspecting, constructing, supervising the construction and delivering the Home, failed to comply with all applicable local, state, and national building codes and regulations, including, but not limited to The Florida Building Code, in contravention of the Florida Building Codes Act. 25. Defendant in inspecting, constructing, supervising construction and delivering the Home, failed to comply with all applicable local, state, and national building codes and regulations, and knew or should have known that the Home was in violation of The Florida Building Code and in contravention of the Florida Building Codes Act. 26. Due to Defendant’s failure in complying with the aforementioned statutes and 5 codes, Plaintiff has suffered from construction defects and material code violations. 27. As a direct and proximate result of the construction defects and material code violations, the Home has suffered damages not only to the exterior stucco, but also to the underlying wire lath, paper backing, water resistive barriers, sheathing, interior walls, interior floors and/or other property. 28. As a direct and proximate result of the construction defects and material code violations, Plaintiff has been damaged in that the defects and violations substantially reduce the value of the Home and/or require significant repairs and renovations to correct such defects and violations. WHEREFORE, Plaintiff respectfully requests the Court to enter final judgment against Defendant for damages, together with interest, costs and such other and further relief as the Court deems just and appropriate. COUNT II – NEGLIGENCE (VICARIOUS LIABILITY FOR THE SUBCONTRACTORS’ WORK PRODUCT) 29. Plaintiff adopts, realleges and incorporates by reference the allegations contained in paragraphs 1 through 20 above as though fully set forth herein. 30. Defendant contracted the construction of the Home to various subcontractors. 31. Defendant had a non-delegable duty to deliver the Home fee of defects and in compliance with the Florida Building Code. 32. The stucco, paint, sealants and/or house wrap subcontractors (the “responsible contractors”) failed to construct the home free of defects and in compliance with the Florida Building Code. Defendant, as the developer and general contractor, is vicariously liable for the negligence of those subcontractors. 6 33. The responsible subcontractors failed to comply with the Florida Building Code when constructing the Home and failed to adhere to industry standards when installing the stucco envelope, including the metal lath, paper, accessories and stucco. 34. The negligence by the responsible subcontractors directly led to cracking where water ultimately infiltrated the stucco envelope causing damage to the underlying wire lath, paper backing, water resistive barriers, sheathing, framing, exterior floors or tiles, interior walls, interior floors and/or other property. 35. As a direct and proximate result of all of the responsible subcontractors’ negligence, the Home has suffered damages not only to the exterior stucco, but also to the underlying wire lath, paper backing, water resistive barriers, sheathing, framing, interior walls, exterior floors or tiles, interior floors and/or other property. 36. As a direct and proximate result of all of the responsible subcontractors’ negligence, Plaintiff has been damaged in that the defects and violations substantially reduce the value of the Home and/or require significant repairs and renovations to correct such defects and violations. 37. The Defendant is vicariously liable for the negligence of the active tortfeasors, the stucco, paint and house wrap. WHEREFORE, Plaintiff respectfully requests the Court to enter final judgment against Defendant for damages, together with interest, costs and such other and further relief as the Court deems just and appropriate. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all issues so triable. 7 NOTICE OF FILING DESIGNATION OF E-MAIL ADDRESSES Pursuant to Fla. R. Civ. P. 1.080 and Fla. R. Jud. Admin. 2.516, undersigned counsel’s designation of e-mail addresses for service of Court papers are as follows: Primary E-mail: jzudar@wrzlaw.com Secondary E-mail: kvenette@wrzlaw.com Dated this 11th day of March, 2024. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished together with the Summons as of the date so indicated on the corresponding Return of Service. /s/ Joshua M. Zudar JOSHUA M. ZUDAR, ESQ. Florida Bar No.: 0059616 WILSON REEDER & ZUDAR, P.A. 12005 Whitmarsh Lane Tampa, Florida 33626 Phone: (813) 575-4100 Primary email: jzudar@wrzlaw.com Secondary email: kvenette@wrzlaw.com Attorney for Plaintiff 8