Preview
Filing # 190082313 E-Filed 01/19/2024 09:18:25 AM
Exhibit “D”
In The Matter Of:
Villas at Emerald Lake Homeowners Association, Inc. v.
Royal Oak Homes, LLC
Hugh Macdonald
July 13, 2023
Legal Realtime Reporting
622 E. Washington Street
Suite 200
Orlando, Florida 32801
Original File 7-13-23.txt
Min-U-Script® with Word Index
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 1 Page 3
1 IN THE CIRCUIT COURT, NINTH 1 CONTINUED APPEARANCES:
JUDICIAL CIRCUIT, IN AND FOR
2 OSCEOLA COUNTY, FLORIDA 2 ANDREW E. HOLWAY, ESQUIRE
OF: HILL, WARD, HENDERSON
3 CASE NO.: 2020-CA-002942-ON 3 101 East Kennedy Boulevard
Suite 3700
4 VILLAS AT EMERALD LAKE 4 Tampa, Florida 33602
HOMEOWNERS ASSOCIATION, APPEARING ON BEHALF OF WEINTRAUB INSPECTIONS &
5 INC., a Florida not for 5 FORENSICS, INC. n/k/a WEINTRAUB ENGINEERING
profit corporation, AND INSPECTIONS, INC.
6 6
Plaintiff,
7 v. 7 BARRI REISCH, ESQUIRE
OF: MILBER, MAKRIS, PLOUSADIS & SEIDEN, LLP
8 ROYAL OAK HOMES, LLC, a 8 1900 Northwest Corporate Boulevard
Florida limited liability East Tower
9 company, et al., 9 Suite 440
Boca Raton, Florida 33431
10 Defendants. 10 APPEARING ON BEHALF OF BROWN + BROWN COMPANY
______________________________/ ARCHITECTURE, INC.
11 11
12 AND RELATED CROSS-ACTIONS. 12 JOSEPH CLINE, ESQUIRE
OF: WALKER, REVELS, GRENINGER & NETCHER, PLLC
13 _______________________________/ 13 189 South Orange Avenue
Suite 1830
14 14 Orlando, Florida 32801
APPEARING ON BEHALF OF ALL GLASS INSTALLATION
15 DEPOSITION OF: HUGH MACDONALD 15 CORP.
16 DATE TAKEN: JULY 13, 2023 16
R. SCOTT ROSS, ESQUIRE
17 TIME: 9:00 a.m. to 2:30 p.m. 17 OF: GROELLE & SALMON, P.A.
1715 North Westshore Boulevard
18 PLACE: ALL PARTIES ATTENDED VIA ZOOM 18 Suite 230
Tampa, Florida 33607
19 REPORTED BY: TARA K. SLOCUM, RPR, CRR, CSR 19 APPEARING ON BEHALF OF HELBERG ENTERPRISES
State of California and Notary
20 Public State of Florida 20
CHESLEY MOODY, JR., ESQUIRE
21 21 OF: MOODY & GRAF, P.A.
1101 North Lake Destiny Road
22 22 Suite 200
Maitland, FL 32751
23 23 APPEARING ON BEHALF OF PREMIER PLASTERING OF
CENTRAL FLORIDA
24 24
25 25
Page 2 Page 4
1 A P P E A R A N C E S: 1 APPEARANCES CONTINUED:
2 KASEY L. JOYCE, ESQUIRE 2 NATALIE FISCHER, ESQUIRE
OF: BALL JANIK, LLP OF: CONROY SIMBERG
3 201 East Pine Street 3 Two South Orange Avenue
Suite 600 Suite 300
4 Orlando, Florida 32801 4 Orlando, Florida 32801
APPEARING ON BEHALF OF THE PLAINTIFF APPEARING ON BEHALF OF ADVANCED WRAPPING AND
5 5 CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC.
6 VICTORIA B. KROELL, ESQUIRE 6
OF: LAW OFFICES OF THAMIR A.R. KADDOURI, JR., P.A. CHRISTINE DIFILLIPPO, ESQUIRE
7 3220 West Cypress Street 7 OF: WRIGHT, FULFORD, MOOREHEAD & BROWN
Tampa, Florida 33607 505 Maitland Avenue
8 APPEARING ON BEHALF OF IMPERIAL BUILDING 8 Suite 1000
CORPORATION Altamonte Springs, Florida 32701-6306
9 9 APPEARING ON BEHALF OF WELL HUNG WINDOWS AND
DOORS, LLC
10 ASHLEY MATTINGLY, ESQUIRE 10
DAVID MERCER, ESQUIRE
11 OF: BUTLER, WEIHMULLER, KATZ, CRAIG, LLP 11 CHRIS T. RITCHIE, ESQUIRE
400 North Ashley Drive BRENDEN COLLINS, ESQUIRE
12 Suite 2300 12 OF: GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH
Tampa, Florida 33602 21 East Garden Street
13 APPEARING ON BEHALF OF DON KING'S CONCRETE 13 First Floor
APPEARING ON BEHALF OF LSH ENTERPRISES, INC. Pensacola, Florida 32502
14 14 APPEARING ON BEHALF OF HOBBIT WINDOWS, LLC &
T&M CONSTRUCTION OF FLORIDA
15 JAMES MICHAEL WALLS, ESQUIRE 15
ROBIN LEAVENGOOD, ESQUIRE
16 ALEXA NORDMAN, ESQUIRE 16 JACKELINE RODRIGUEZ, ESQUIRE
OF: CARLTON FIELDS, P.A. OF: HAMILTON, MILLER & BIRTHISEL, LLP
17 4221 West Boy Scout Boulevard 17 150 SE 2nd Avenue
Tampa, Florida 33607-5780 Suite 1200
18 APPEARING ON BEHALF OF ROYAL OAK HOMES, LLC 18 Miami, Florida 33131
APPEARING ON BEHALF OF TGK STUCCO, INC.
19 19
PETER J. KAPSALES, ESQUIRE
20 OF: MILNE LAW GROUP, P.A. 20
301 East Pine Street
21 Suite 525 21
Orlando, Florida 32801
22 APPEARING ON BEHALF OF WEATHERMASTER BUILDING 22
PRODUCTS, INC.
23 23
24 24
25 25
Min-U-Script® Legal Realtime Reporting (1) Pages 1 - 4
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 5 Page 7
1 C O N T E N T S
1 A Yes.
2 TESTIMONY OF HUGH MACDONALD
Direct Examination By Mr. Walls...................6 2 Q And this is the notice of deposition of
3 Cross-Examination By Ms. Joyce...................55
Cross-Examination By Ms. Rodriguez..............127 3 defendant Hugh MacDonald Construction, Inc.'s corporate
4 Cross-Examination by Ms. Reisch.................128
CERTIFICATE OF OATH..................................135 4 representative. Have you seen this before?
5 CERTIFICATE..........................................136
ERRATA PAGE..........................................137 5 A Probably. I see a lot of stuff.
6 NOTIFICATION LETTER..................................138 6 Q Okay. If I scroll down here, do you see it
7 - - - - -
7 indicates that the deposition is for the corporate
8 EXHIBITS 8 representative --
9 No. 185 - Notice of Deposition.........................6 9 A Yes.
No. 186 - DBPR Document...............................14
10 No. 187 - Application for Renewal.....................16 10 Q -- for Hugh MacDonald Construction?
No. 188 - Subcontractor Master Agreement..............17
11 No. 189 - Answers to Interrogatories..................20 11 A Right.
No. 190 - HMac Completed List.........................23
12 No. 191 - Letter Dated 1/8/21.........................42 12 Q I know you are going to know sometimes where I
No. 192 - Section R903.1 General Document.............46
13 No. 193 - Photographs.................................50 13 am going with my question. But if you can let me finish
No. 194 - Cross-Notice of Taking Deposition...........58
14 No. 195 - Technical Information Sheet #103 CertainTeed94 14 and then answer, that will make a cleaner record for the
No. 196 - CertainTeed Shingle Applicator's Manual....101
15 No. 197 - SupplyPro Report...........................107
No. 198 - TAMCO Eave Drips...........................112
15 court reporter; is that fair?
16 16 A Okay.
- - - - -
17 17 Q Also, if at any time during the deposition you
S T I P U L A T I O N S
18 18 don't understand my question, can you please just let me
It is hereby agreed and so stipulated by and
19 between the parties hereto, through their respective 19 know, and I will rephrase it or repeat it? Otherwise, I
counsel, that the reading and signing of the
20 transcript are expressly RESERVED by the Deponent. 20 am going to assume you understood my question when you
21 21 answered it; is that fair?
22 22 A Yes, okay.
23 23 Q You see in the notice of deposition for
24 24 defendant Hugh MacDonald Construction, Inc.'s corporate
25 25 representative for the topics identified in Exhibit A.
Page 6 Page 8
1 PROCEEDINGS 1 Are you the corporate representative for Hugh MacDonald
2 * * * * 2 Construction on these topics?
3 THE REPORTER: Do you solemnly swear the 3 A Yes.
4 testimony you are about to give in this deposition 4 Q And do you understand that your testimony
5 will be the truth, the whole truth, and nothing but 5 today in this deposition is binding on Hugh MacDonald
6 the truth? 6 Construction?
7 THE WITNESS: I do. 7 A Yes.
8 HUGH MACDONALD, 8 Q Now, are there any topics in Exhibit A that
9 having been first duly sworn, testified under oath as 9 you are not the corporate representative on?
10 follows: 10 A Not that I see.
11 DIRECT EXAMINATION 11 Q Okay. And there was an exhibit that
12 BY MR. WALLS: 12 identified documents. Do you have documents with you
13 Q Morning, Mr. MacDonald. My name is Mike 13 today for this deposition?
14 Walls. I am with the firm Carlton Fields, and I 14 A I don't know what documents you are talking
15 represent a company called Royal Oak Homes. 15 about. Are you talking about all documents? Probably
16 Could you provide for us your full name and 16 not. Permit applications, permit stuff like that, no,
17 business address, please? 17 we don't keep those.
18 A Full name is Hugh MacDonald, Jr., 10825 Tom 18 Q You asked for your file when we started the
19 Folsom Road 33592, Thonotosassa, Florida. 19 depo, that's why I asked that question.
20 MR. WALLS: I am going to show you some 20 A The file would basically be the backup report.
21 documents on the screen here, starting with the 21 The file is what I refer to as the Marcon report where I
22 first one will be Exhibit 185. 22 looked at it and kept a copy of it.
23 (Exhibit No. 185 was marked for 23 Q And my question was: Is there anything else
24 identification.) 24 in the file?
25 Q Do you see that, Mr. MacDonald? 25 A No, not my file. The file I was asked about
Min-U-Script® Legal Realtime Reporting (2) Pages 5 - 8
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 9 Page 11
1 was the Marcon report. 1 A No, they would be managing crews.
2 Q Let me move on just to get some background 2 Q How many managers of roof crews do you have?
3 information on you, Mr. MacDonald. 3 A Three.
4 Do you have any college degrees? 4 Q And the crews that you employ, are they all
5 A Yes, I have two. 5 employees of Hugh MacDonald?
6 Q And what are they? 6 A No.
7 A Bachelor's of business administration and a 7 Q Where do you obtain your crews from for
8 master's in business administration. 8 roofing?
9 Q Can you go over your work history since you 9 A From other companies mostly.
10 obtained your college degrees? 10 Q Do you have subcontracts with those other
11 A Well, I obtained my college degrees while I 11 companies?
12 was working, so I had a 50-year work history, and it's 12 A I have other companies that subcontract to
13 been in the building materials and construction field 13 Hugh MacDonald.
14 the whole time. I worked my way through college and ran 14 Q And that's on like a regular basis?
15 my own business at the same time. I have been a general 15 A Pretty much a regular basis.
16 contractor in the State of Florida for about 50 years, 16 Q And it would be project-by-project or
17 and a roofing contractor for 38 years, 39, and we do 17 house-by-house?
18 roofs of approximately 500 houses a year, that's it. 18 A Your sound is terrible. I don't know if it's
19 Q Okay. And I take it you are currently 19 my ears or your speaker.
20 employed with Hugh MacDonald Construction? 20 MS. MATTINGLY: Off the record.
21 A Yes, I manage it only. I said 500 houses a 21 (Recess taken.)
22 year, I meant 500 a month. 22 MR. WALLS: On the record.
23 Q 500 a month, that's a lot. 23 Q (By Mr. Walls) So we were taking about the
24 Now, when you say you manage and run it, do 24 companies you have that provide you the crew members for
25 you actually hold any position with the company? 25 roof installation, and my question was: Do you have
Page 10 Page 12
1 A I am the president. 1 them under subcontract for a particular project or home
2 Q And as the president, what are your duties and 2 or townhome, or do they work for you, essentially, on
3 responsibilities? 3 like a monthly or time basis?
4 A General management, managing the sales, 4 A Pretty much permanent basis.
5 managing the financial part, making whatever decisions 5 Q So you are not -- when you are, for example,
6 have to be made on asset acquisition, that kind of 6 with the Villas at Emerald Lake, when you get the
7 thing. 7 townhome purchase orders, you are not going out and
8 Q You mentioned you are both a general 8 retaining a crew for each townhome, you already have
9 contractor and roofing contractor. What is the business 9 them lined up, right?
10 of Hugh MacDonald? What type of work do you do? 10 A That's correct.
11 A Ninety-nine percent roofing, and a small 11 Q And I take it these are experienced roof crews
12 amount of general contracting. 12 that you have been using for many years?
13 Q Are there any other officers of Hugh 13 A Yes, over all the years we have been in
14 MacDonald? 14 business, we have some that work for us as long as 25
15 A No. 15 years.
16 Q How many employees do you have? 16 Q Your roofing license, is that in the State of
17 A I don't know. I have to count them. Do you 17 Florida?
18 have any idea for Hugh MacDonald Construction? 20, 25? 18 A Yes.
19 Between 20 and 25 I would imagine. 19 Q No licenses in any other states?
20 Q I was asking of those 20 to 25 employees, how 20 A No.
21 many are in the office, and how many are in the field? 21 Q And your general contractor license, as well,
22 A About half and half. 22 is in the State of Florida?
23 Q And of the people that are in the field, are 23 A Correct.
24 they running crews, or are they actually installing the 24 Q Ever had any complaints against your general
25 roofs? 25 contractor or roofing license?
Min-U-Script® Legal Realtime Reporting (3) Pages 9 - 12
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 13 Page 15
1 A No, 50 years, no. 1 a permit shortly, and that license number is on the
2 Q That's a good thing. 2 permit.
3 Are you certified by any manufacturer as an 3 A Well, hang on a minute. I don't fill out
4 approved roofing installer under their manufacturing 4 permit applications, so I don't keep up with the license
5 instructions? 5 number. Can I see it again?
6 A Yes. 6 Q I was going to share with you a previously
7 Q Did that include the CertainTeed roofing 7 marked document. This was previously marked Exhibit 53
8 product that was installed at Villas at Emerald Lake 8 in depositions in this case. Can you see that?
9 Townhomes? 9 A Yes.
10 A Yes. 10 Q And this is an application for residential
11 Q Now, the roofing projects you do, are they all 11 permit for one of the townhomes located in the Emerald
12 commercial -- I mean all residential, or do you do some 12 Lake; do you see the subdivision Emerald Lake Townhomes?
13 commercial? 13 A Right.
14 A Almost zero commercial. Somebody -- a friend 14 Q And if I go down in the permit, do you see the
15 or somebody might ask me to fix something for them, but 15 second page has a list of subcontractors?
16 we don't solicit commercial business. 16 A Right.
17 Q For the residential, I take it that would 17 Q And do you see under roofing, it says roofing,
18 include both multi-family and single-family roofs? 18 Alvarez Roofing?
19 A It would include single-family and townhomes, 19 A Right.
20 not apartments, not condos. 20 Q And then it has that license, which I showed
21 Q In your role with the company, have you ever 21 you on the previous document 186, CCC1329562?
22 worked in the field to manage crews installing roofs? 22 A Correct.
23 A Yes. 23 Q And is that your license number?
24 Q Did you do so on the Villas at Emerald Lake 24 A Yes, it is.
25 project? 25 Q Okay. Then is that the correct e-mail address
Page 14 Page 16
1 A No. 1 for you?
2 Q Do you happen to recall who the managers were 2 A It was at one time. It was when this was --
3 that supervised the crews at the Villas at Emerald Lake 3 this was promulgated.
4 Townhomes? 4 Q And so for when it comes to filling out this
5 A I am pretty certain I do. His name would be 5 permit, would you have provided that information to them
6 Dennis Mueller, M-u-e-l-l-e-r. He generally manages 6 for the roofing part of the permit?
7 jobs in that geographic area. 7 A Yeah.
8 Q Is he still with your company? 8 Q What is Alvarez Roofing?
9 A Yes, 12 or 15 years. 9 A It's another roofing company that I own
10 MR. WALLS: I want to go to the next exhibit 10 100 percent.
11 here, which I will show you. 11 MR. WALLS: I will show you what I found on
12 (Exhibit No. 186 was marked for 12 the State records for that, which we will mark as
13 identification.) 13 Exhibit 187.
14 Q Do you see that document? 14 (Exhibit No. 187 was marked for
15 A Yes. 15 identification.)
16 Q This is a record from the Department of 16 Q Do you see that document?
17 Business and Professional Regulation on license details, 17 A Renewal of fictitious name. It's hard to
18 Hugh MacDonald Roofing, certified roofing contractor. 18 read, but I see what it says up at the top. Yeah,
19 This your roofing contractor license? 19 that's right.
20 A Yes. 20 Q And this one is dated in 2022. Was there an
21 Q Is that your license number there, CCC1329562? 21 earlier application for fictitious name for Alvarez
22 A I don't know. I would have to check to see if 22 Roofing?
23 that is my license number or not, but I can do that and 23 A Yeah, probably -- early 1990s.
24 get back to you. 24 Q Why did you form Alvarez Roofing?
25 Q I mean, the permits -- I am going to show you 25 A I don't know if it's pertinent to what we are
Min-U-Script® Legal Realtime Reporting (4) Pages 13 - 16
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 17 Page 19
1 talking about here. But if you want to know, it is 1 the PO box.
2 because I was doing a lot of construction for new homes, 2 Q Is the first page of the vendor subcontractor
3 and people started asking me to do reroofing, and at 3 master agreement between Royal Oak Homes and Hugh
4 that time, I didn't have crews that were trying to work 4 MacDonald Construction; is that correct?
5 on people's houses, deal with the landscaping and 5 A Yeah, I don't see any date on it.
6 everything, so I set up a separate company to do 6 Q Go to the signature page, which is page 19 of
7 reroofing only on residential. Over the years, over 25 7 Exhibit 188. Is that your signature?
8 years, it segued into being a company, another company I 8 A Yes.
9 owned that assisted me in a lot of different ways. 9 Q And it looks like it's signed by Royal Oak
10 Q The reason I asked is that was the name, 10 Homes, Steven Orosz as the president?
11 Alvarez Roofing, from that permit that I showed you for 11 A Okay.
12 one of the Villas at Emerald Lake Townhomes. 12 Q And this was the document that was produced to
13 A Okay. 13 us. Do you have any reason to believe this wasn't the
14 Q Is it fair to say that Alvarez Roofing and 14 agreement in place for your work at the Villas at
15 Hugh MacDonald are one and the same for purposes of this 15 Emerald Lake Townhomes?
16 project? 16 A No.
17 A For purposes of this project, absolutely. 17 Q And I want to go to paragraphs one and two of
18 MR. WALLS: And I am going to show you the 18 this document, and this indicates under the scope of
19 contract. 19 agreement that this agreement authorized you as the
20 Can we take a five-minute break? 20 contractor to commence work at such time as you would be
21 (Recess taken.) 21 issued a start order or work order; is that correct?
22 MR. WALLS: Mr. MacDonald, let me show you 22 A I would have to read it to see if that is
23 what is marked as Exhibit 188 in this deposition. 23 exactly what it says. I am taking your word for it. If
24 (Exhibit No. 188 was marked for 24 you want me to read it, give me a minute to read it, and
25 identification.) 25 I will answer your question directly. It basically says
Page 18 Page 20
1 Q And this is a 40-page document. And in the 1 we are not to start work until they tell us to start
2 lower right-hand corner, do you see the number -- the 2 work.
3 letters and numbers HMC000505? 3 Q The way that they would tell you to start work
4 A Yes. 4 is they would issue you a start or work order; is that
5 Q This means we obtained this document from your 5 correct?
6 records; do you recognize that? 6 A Specifically, I am not sure how they handled
7 A I recognize this is a typical document we fill 7 it at that time. They may have picked up the phone and
8 out for our customers pretty often. 8 said building No. 1 was ready. I don't know. To answer
9 Q On the top it has vendor information; do you 9 your question unequivocally, I can't say how they issued
10 recognize that? 10 the beginning of the work.
11 A Yep. 11 Q During the course of the work, did you see
12 Q And this would have been a form Royal Oak 12 work or purchase orders for each unit that reflected the
13 Homes asked you to fill out? 13 townhome lot, the scope of work and the price?
14 A Correct. 14 A No, probably not. We probably would have
15 Q Is that your handwriting or someone else's? 15 given them a price ahead of time. Let me see, how long
16 A Someone else's. 16 ago -- when did we do this job? Five, six years ago?
17 Q Okay. And is the information correct there 17 MR. WALLS: Let me show you what I will mark
18 about your company, your e-mail address, and your 18 as Exhibit 189.
19 numbers and -- physical address? 19 (Exhibit No. 189 was marked for
20 A No, everything looks correct. 20 identification.)
21 Q Okay. Whose cell phone number is that? 21 Q This is the answers to interrogatories.
22 A Mine. 22 A Okay.
23 Q Okay. There is an asterisk by the address on 23 Q At the end, is that your signature?
24 Tom Folsom Road. Do you know why that is there? 24 A Yes.
25 A Probably because they want the mail to go to 25 Q And these were the answers that you provided
Min-U-Script® Legal Realtime Reporting (5) Pages 17 - 20
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 21 Page 23
1 in response, and you were asked in question three -- 1 (Exhibit No. 190 was marked for
2 actually start with question two: State the description 2 identification.)
3 of the work you performed at or for the subject 3 Q Can you see that document, Mr. MacDonald?
4 property, which here is the Townhomes at Emerald Lake, 4 A Yes.
5 and you said Hugh MacDonald Construction performed 5 Q In the lower right-hand corner, do you see the
6 roofing installation work in select buildings at the 6 letters HMC000559?
7 subject property. Did I read that correctly? 7 A Yes.
8 A Yep. 8 Q This is a document we received from your
9 Q And that's a correct answer, right? 9 company; do you recognize it?
10 A Right. 10 A Yes.
11 Q And if we go to the next question, it asks you 11 Q This appears to have the lots by building for
12 where you performed that work, right? 12 the Emerald Lake Townhomes; is that correct?
13 A Okay. 13 A It has the house address, postal address and
14 Q And you will see it said it is believed that 14 the lot number, and they are grouped by building.
15 HMC performed its scope of work on lots 110 through 149 15 Q And the date completed, do you see that?
16 and lots 162 through 197 at the subject property being 16 A Yes.
17 the Villas at Emerald Lake Townhomes, correct? 17 Q What does the date completed reflect?
18 A Yes. 18 A It may be the date we got paid. I am not
19 Q Lots, that would mean each individual 19 sure. It could be the date we actually finished the
20 townhome, right? 20 work and they applied for an inspection. I am not sure.
21 A Yes. 21 Q When you applied for an inspection, was that
22 Q And the next question says, state the dates in 22 with the Building Department?
23 between which you performed your work at or for the 23 A The builder, Royal Oak would have applied for
24 subject property, and do you say to the best of your 24 a completion inspection on the roof.
25 knowledge, you performed the work between June 2014 and 25 Q Would the builder, Royal Oak Homes, do that
Page 22 Page 24
1 November 2016? 1 when your people told them the roof was ready and
2 A Yep, that's what it says. 2 complete for inspection?
3 Q Any reason to believe that's inaccurate? 3 A Probably. They may have pulled the roofing
4 A No, not without investigation. At the time we 4 permit. I am not sure on this particular job.
5 answered these questions, that would have probably been 5 Q Well, when you say they, do you mean --
6 the information we used. May of 2014 or June of 2014, 6 A You broke up, Mike. What is it?
7 it may have been as late as September of 2014. But at 7 Q When you said they there, did you mean your
8 that time, we probably thought maybe it was June. 8 people?
9 MS. MATTINGLY: Off the record. 9 A No, I mean Royal Oak.
10 (Recess taken.) 10 Q Okay. If Royal Oak pulled the permit for the
11 MR. WALLS: Back on the record. 11 roofs at the Villas at Emerald Lake Townhomes, and
12 Q Before the break, we were talking about the 12 you -- well, first let's back up.
13 interrogatory answers, and the reference to the dates of 13 What building inspections would be conducted
14 June 2014 to November 2016. During that period of time, 14 for the roofs at a townhome like the Villas at Emerald
15 would Hugh MacDonald have received work orders or 15 Lake Townhomes?
16 purchase orders from Royal Oak Homes for each townhome 16 A The -- are you talking about the municipal,
17 for the unit roof? 17 the County inspection?
18 A I am going to say probably not. Once we began 18 Q Yes.
19 the job, we would be communicating with their field 19 A They would inspect to make sure the dry-in was
20 people, and my field people would do the work as they 20 done, which is the underlayment and the flashings were
21 requested it to be done. Whether it's an actual PO on 21 installed, and that the roof was complete, probably
22 every single unit or not, I am sure we don't have a 22 would make two inspections.
23 record of that. 23 Q The first inspection would be the dry-in and
24 MR. WALLS: Let me show you what will be 24 flashings?
25 marked as Exhibit 190 in this deposition. 25 A Usually. That kind of stuff varies, and it
Min-U-Script® Legal Realtime Reporting (6) Pages 21 - 24
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 25 Page 27
1 varies by jurisdiction. And here again, this was five 1 order to do the dry-in and flashings correctly, and you
2 years ago, six, seven years ago, they could have changed 2 meant by Code and manufacturing instructions, right?
3 how they do stuff. Building departments often vary in 3 A Correct. A typical dry-in job, Mike, on one
4 their performance. 4 of these buildings might only take two hours, so the
5 Q Vary in the performance, but they would have 5 crew would be there for a short period of time and move
6 conducted inspections of the roof, right? 6 on to the next job. So if the superintendent happened
7 A Oh, yeah, absolutely. 7 to be there at the same time they were dried in, it
8 Q So when you said the first inspection, dry-in 8 would be a coincidence.
9 and flashing is the way that worked is your 9 Q Would it be a coincidence whether the job
10 superintendent onsite would tell Royal Oak Homes' 10 superintendent for Royal Oak Homes was there?
11 superintendent that the flashing and dry-in was complete 11 A Less of a coincidence. He might have gone for
12 and ready for inspection? 12 coffee, who knows. But, in general, his job is right
13 A That's possible, but it more likely would be 13 there.
14 the superintendent would tell my guys the building is 14 Q Well, he is also walking around and looking at
15 ready for dry-in, and we would dry it in, and he would 15 other things going on, right?
16 see us drying it in and then call in the inspection. 16 A Of course.
17 Q Would a superintendent be present for the 17 Q And so when you knew your crew was done with
18 inspection of the roof dry-in and flashing? 18 the roof and dry-in, would you communicate that to Royal
19 A A Royal Oak superintendent would be. 19 Oak Homes?
20 Q What about your superintendent? 20 A No, not necessarily. Like I said, they may,
21 A No, my superintendent would not be. 21 and they may not, dependent on whatever relationship my
22 Q Would your superintendent tell the Royal Oak 22 guy, my field superintendent has with the field
23 superintendent that it was ready for inspection by the 23 superintendent for Royal Oak.
24 County? 24 Q So I best talk to him about it, right, and
25 MS. MATTINGLY: Form. 25 that's Dennis Mueller?
Page 26 Page 28
1 A Under normal circumstances, probably not 1 A You can talk to Dennis about that, yeah.
2 because a Royal Oak superintendent is on the job all the 2 Q Let me go back to the contract. Again, this
3 time and sees the work in progress. And when he sees us 3 is Exhibit 188, which is the master agreement between
4 complete it, then he knows it's ready for an inspection. 4 Royal Oak Homes and Hugh MacDonald Construction. And if
5 Q Well, is your guy out there during the 5 I go down to -- do you see paragraph 27, additional
6 inspection and making sure the crews are putting on the 6 provisions, schedules and addenda?
7 flashing and the dry-in, as well? 7 A Yep.
8 A Would my guys do what? 8 Q And these were the schedules that were part of
9 Q Your superintendent was on the job every day, 9 your master agreement with Royal Oak Homes, correct?
10 right? 10 A That would be something that would be attached
11 A Maybe, not necessarily. 11 to this contract that listed the insurance requirements
12 Q Well, when your superintendent was on the 12 and other pertinent provisions, whatever they would be.
13 site, was he responsible to make sure the crews were 13 Q Right. And then the boxes meant that you
14 putting the dry-in and flashings on in correct form? 14 received them, and they were part of your contract,
15 A Yeah, our guys worked for us all the time, so 15 right?
16 they are trained, and they don't have to be supervised 16 A That's what it says.
17 every day. Our superintendent will go on the job when 17 Q Okay. And to understand what your contract
18 he needs to be on the job. And if he sees work not 18 was, let's go back to paragraph three, contractor
19 being done properly, he will correct it, but in general, 19 responsibilities; do you see that?
20 our guys are trained to do the work properly. 20 A Yes, it's a long paragraph. Do you want me to
21 MS. MATTINGLY: Off the record. 21 read it?
22 (Recess taken.) 22 Q Sure.
23 MR. WALLS: Back on the record. 23 A Okay. Hang on. I got it.
24 Q I believe I was asking you about the field 24 Q You agree here that Hugh MacDonald
25 inspector, and you said your people were trained in 25 Construction agreed to complete the work at the Villas
Min-U-Script® Legal Realtime Reporting (7) Pages 25 - 28
Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald
Royal Oak Homes, LLC July 13, 2023
Page 29 Page 31
1 at Emerald Lake Townhomes in compliance with the 1 A That doesn't surprise me. If it had been a
2 contract documents and all applicable federal, state and 2 lot, I would have heard about it, and it would have
3 local laws, including applicable building codes? 3 stuck in my mind. But because I don't know of any, I
4 MS. MATTINGLY: Form. 4 would say that if there were one, that would probably be
5 Sorry, Hugh, when I say that, you can go ahead 5 possible.
6 and answer the question. I just need to put it on 6 Q And if you had gone out and did warranty work,
7 the record. 7 and there was some problem with the warranty work, you
8 A Yes. 8 would have heard about that too?
9 Q (By Mr. Walls) And that's what you did at the 9 A I would.
10 Villas at Emerald Lake Townhomes, right, you performed 10 Q Did you hear anything about that at the Villas
11 all the roofing work in accordance with the contract 11 at Emerald Lake Townhomes?
12 documents and the building codes? 12 A I did not.
13 MS. JOYCE: Form. 13 MS. JOYCE: Form, Joyce.
14 A Yes, on the buildings that we contracted to 14 Q (By Mr. Walls) I want to go down to one of the
15 do, yes. 15 schedules that was identified in Exhibit -- as an
16 Q (By Mr. Walls) And we identified those in the 16 exhibit in that paragraph 27, Schedule B, additional
17 prior exhibit, right? 17 provisions. And Schedule B to master agreement,
18 A Right. 18 additional provisions for Florida, that's the Schedule
19 Q HMC's completed list for Emerald Lake 19 B, correct?
20 Townhomes; is that correct? 20 A That's what this says, that's correct.
21 A That is correct. 21 Q And under section one, general provisions, do
22 Q So I want to move on down to some other 22 you see paragraph B about superintendent?
23 paragraphs in this contract. Do you see paragraph 7A? 23 A Yes.
24 A Yes. 24 Q It says, "Contractor shall maintain a
25 Q And under this paragraph Hugh MacDonald 25 competent and experienced manager or superintendent on
Page 30 Page 32
1 Construction agreed that all work would be performed in 1 the job site at all times with authority to make
2 a good and workmanlike manner in accordance with all 2 decisions and bind contractor with respect to the work
3 applicable state statutes, building codes and 3 in this agreement, and to carry out directives OF
4 ordinances, and that all work performed and materials 4 builder's superintendent." Did I read that correct?
5 supplied and furnished by contractor shall be of good 5 MS. JOYCE: Form.
6 quality, free from fault and defects and shall be in 6 A Yes.
7 strict conformity with the plans and specifications. 7 Q (By Mr. Walls) And did you have a
8 Did I read that correctly? 8 superintendent on the Villas at Emerald Lake Townhomes?
9 MS. JOYCE: Form. 9 A Well, here again, that's kind of a definition
10 A Yes. 10 problem. Superintendent is a -- whether or not a
11 Q (By Mr. Walls) And you agreed and did that at 11 superintendent is on the job depends on what you call
12 the Villas at Emerald Lake Townhomes, right? 12 mobile superintendent.
13 A To the best of my knowledge. 13 Listen, I would have somebody on the job that
14 MS. JOYCE: Form, Joyce. 14 could do what this pa
Preview
Filing # 190082313 E-Filed 01/19/2024 09:18:25 AM Exhibit “D” In The Matter Of: Villas at Emerald Lake Homeowners Association, Inc. v. Royal Oak Homes, LLC Hugh Macdonald July 13, 2023 Legal Realtime Reporting 622 E. Washington Street Suite 200 Orlando, Florida 32801 Original File 7-13-23.txt Min-U-Script® with Word Index Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 1 Page 3 1 IN THE CIRCUIT COURT, NINTH 1 CONTINUED APPEARANCES: JUDICIAL CIRCUIT, IN AND FOR 2 OSCEOLA COUNTY, FLORIDA 2 ANDREW E. HOLWAY, ESQUIRE OF: HILL, WARD, HENDERSON 3 CASE NO.: 2020-CA-002942-ON 3 101 East Kennedy Boulevard Suite 3700 4 VILLAS AT EMERALD LAKE 4 Tampa, Florida 33602 HOMEOWNERS ASSOCIATION, APPEARING ON BEHALF OF WEINTRAUB INSPECTIONS & 5 INC., a Florida not for 5 FORENSICS, INC. n/k/a WEINTRAUB ENGINEERING profit corporation, AND INSPECTIONS, INC. 6 6 Plaintiff, 7 v. 7 BARRI REISCH, ESQUIRE OF: MILBER, MAKRIS, PLOUSADIS & SEIDEN, LLP 8 ROYAL OAK HOMES, LLC, a 8 1900 Northwest Corporate Boulevard Florida limited liability East Tower 9 company, et al., 9 Suite 440 Boca Raton, Florida 33431 10 Defendants. 10 APPEARING ON BEHALF OF BROWN + BROWN COMPANY ______________________________/ ARCHITECTURE, INC. 11 11 12 AND RELATED CROSS-ACTIONS. 12 JOSEPH CLINE, ESQUIRE OF: WALKER, REVELS, GRENINGER & NETCHER, PLLC 13 _______________________________/ 13 189 South Orange Avenue Suite 1830 14 14 Orlando, Florida 32801 APPEARING ON BEHALF OF ALL GLASS INSTALLATION 15 DEPOSITION OF: HUGH MACDONALD 15 CORP. 16 DATE TAKEN: JULY 13, 2023 16 R. SCOTT ROSS, ESQUIRE 17 TIME: 9:00 a.m. to 2:30 p.m. 17 OF: GROELLE & SALMON, P.A. 1715 North Westshore Boulevard 18 PLACE: ALL PARTIES ATTENDED VIA ZOOM 18 Suite 230 Tampa, Florida 33607 19 REPORTED BY: TARA K. SLOCUM, RPR, CRR, CSR 19 APPEARING ON BEHALF OF HELBERG ENTERPRISES State of California and Notary 20 Public State of Florida 20 CHESLEY MOODY, JR., ESQUIRE 21 21 OF: MOODY & GRAF, P.A. 1101 North Lake Destiny Road 22 22 Suite 200 Maitland, FL 32751 23 23 APPEARING ON BEHALF OF PREMIER PLASTERING OF CENTRAL FLORIDA 24 24 25 25 Page 2 Page 4 1 A P P E A R A N C E S: 1 APPEARANCES CONTINUED: 2 KASEY L. JOYCE, ESQUIRE 2 NATALIE FISCHER, ESQUIRE OF: BALL JANIK, LLP OF: CONROY SIMBERG 3 201 East Pine Street 3 Two South Orange Avenue Suite 600 Suite 300 4 Orlando, Florida 32801 4 Orlando, Florida 32801 APPEARING ON BEHALF OF THE PLAINTIFF APPEARING ON BEHALF OF ADVANCED WRAPPING AND 5 5 CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC. 6 VICTORIA B. KROELL, ESQUIRE 6 OF: LAW OFFICES OF THAMIR A.R. KADDOURI, JR., P.A. CHRISTINE DIFILLIPPO, ESQUIRE 7 3220 West Cypress Street 7 OF: WRIGHT, FULFORD, MOOREHEAD & BROWN Tampa, Florida 33607 505 Maitland Avenue 8 APPEARING ON BEHALF OF IMPERIAL BUILDING 8 Suite 1000 CORPORATION Altamonte Springs, Florida 32701-6306 9 9 APPEARING ON BEHALF OF WELL HUNG WINDOWS AND DOORS, LLC 10 ASHLEY MATTINGLY, ESQUIRE 10 DAVID MERCER, ESQUIRE 11 OF: BUTLER, WEIHMULLER, KATZ, CRAIG, LLP 11 CHRIS T. RITCHIE, ESQUIRE 400 North Ashley Drive BRENDEN COLLINS, ESQUIRE 12 Suite 2300 12 OF: GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH Tampa, Florida 33602 21 East Garden Street 13 APPEARING ON BEHALF OF DON KING'S CONCRETE 13 First Floor APPEARING ON BEHALF OF LSH ENTERPRISES, INC. Pensacola, Florida 32502 14 14 APPEARING ON BEHALF OF HOBBIT WINDOWS, LLC & T&M CONSTRUCTION OF FLORIDA 15 JAMES MICHAEL WALLS, ESQUIRE 15 ROBIN LEAVENGOOD, ESQUIRE 16 ALEXA NORDMAN, ESQUIRE 16 JACKELINE RODRIGUEZ, ESQUIRE OF: CARLTON FIELDS, P.A. OF: HAMILTON, MILLER & BIRTHISEL, LLP 17 4221 West Boy Scout Boulevard 17 150 SE 2nd Avenue Tampa, Florida 33607-5780 Suite 1200 18 APPEARING ON BEHALF OF ROYAL OAK HOMES, LLC 18 Miami, Florida 33131 APPEARING ON BEHALF OF TGK STUCCO, INC. 19 19 PETER J. KAPSALES, ESQUIRE 20 OF: MILNE LAW GROUP, P.A. 20 301 East Pine Street 21 Suite 525 21 Orlando, Florida 32801 22 APPEARING ON BEHALF OF WEATHERMASTER BUILDING 22 PRODUCTS, INC. 23 23 24 24 25 25 Min-U-Script® Legal Realtime Reporting (1) Pages 1 - 4 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 5 Page 7 1 C O N T E N T S 1 A Yes. 2 TESTIMONY OF HUGH MACDONALD Direct Examination By Mr. Walls...................6 2 Q And this is the notice of deposition of 3 Cross-Examination By Ms. Joyce...................55 Cross-Examination By Ms. Rodriguez..............127 3 defendant Hugh MacDonald Construction, Inc.'s corporate 4 Cross-Examination by Ms. Reisch.................128 CERTIFICATE OF OATH..................................135 4 representative. Have you seen this before? 5 CERTIFICATE..........................................136 ERRATA PAGE..........................................137 5 A Probably. I see a lot of stuff. 6 NOTIFICATION LETTER..................................138 6 Q Okay. If I scroll down here, do you see it 7 - - - - - 7 indicates that the deposition is for the corporate 8 EXHIBITS 8 representative -- 9 No. 185 - Notice of Deposition.........................6 9 A Yes. No. 186 - DBPR Document...............................14 10 No. 187 - Application for Renewal.....................16 10 Q -- for Hugh MacDonald Construction? No. 188 - Subcontractor Master Agreement..............17 11 No. 189 - Answers to Interrogatories..................20 11 A Right. No. 190 - HMac Completed List.........................23 12 No. 191 - Letter Dated 1/8/21.........................42 12 Q I know you are going to know sometimes where I No. 192 - Section R903.1 General Document.............46 13 No. 193 - Photographs.................................50 13 am going with my question. But if you can let me finish No. 194 - Cross-Notice of Taking Deposition...........58 14 No. 195 - Technical Information Sheet #103 CertainTeed94 14 and then answer, that will make a cleaner record for the No. 196 - CertainTeed Shingle Applicator's Manual....101 15 No. 197 - SupplyPro Report...........................107 No. 198 - TAMCO Eave Drips...........................112 15 court reporter; is that fair? 16 16 A Okay. - - - - - 17 17 Q Also, if at any time during the deposition you S T I P U L A T I O N S 18 18 don't understand my question, can you please just let me It is hereby agreed and so stipulated by and 19 between the parties hereto, through their respective 19 know, and I will rephrase it or repeat it? Otherwise, I counsel, that the reading and signing of the 20 transcript are expressly RESERVED by the Deponent. 20 am going to assume you understood my question when you 21 21 answered it; is that fair? 22 22 A Yes, okay. 23 23 Q You see in the notice of deposition for 24 24 defendant Hugh MacDonald Construction, Inc.'s corporate 25 25 representative for the topics identified in Exhibit A. Page 6 Page 8 1 PROCEEDINGS 1 Are you the corporate representative for Hugh MacDonald 2 * * * * 2 Construction on these topics? 3 THE REPORTER: Do you solemnly swear the 3 A Yes. 4 testimony you are about to give in this deposition 4 Q And do you understand that your testimony 5 will be the truth, the whole truth, and nothing but 5 today in this deposition is binding on Hugh MacDonald 6 the truth? 6 Construction? 7 THE WITNESS: I do. 7 A Yes. 8 HUGH MACDONALD, 8 Q Now, are there any topics in Exhibit A that 9 having been first duly sworn, testified under oath as 9 you are not the corporate representative on? 10 follows: 10 A Not that I see. 11 DIRECT EXAMINATION 11 Q Okay. And there was an exhibit that 12 BY MR. WALLS: 12 identified documents. Do you have documents with you 13 Q Morning, Mr. MacDonald. My name is Mike 13 today for this deposition? 14 Walls. I am with the firm Carlton Fields, and I 14 A I don't know what documents you are talking 15 represent a company called Royal Oak Homes. 15 about. Are you talking about all documents? Probably 16 Could you provide for us your full name and 16 not. Permit applications, permit stuff like that, no, 17 business address, please? 17 we don't keep those. 18 A Full name is Hugh MacDonald, Jr., 10825 Tom 18 Q You asked for your file when we started the 19 Folsom Road 33592, Thonotosassa, Florida. 19 depo, that's why I asked that question. 20 MR. WALLS: I am going to show you some 20 A The file would basically be the backup report. 21 documents on the screen here, starting with the 21 The file is what I refer to as the Marcon report where I 22 first one will be Exhibit 185. 22 looked at it and kept a copy of it. 23 (Exhibit No. 185 was marked for 23 Q And my question was: Is there anything else 24 identification.) 24 in the file? 25 Q Do you see that, Mr. MacDonald? 25 A No, not my file. The file I was asked about Min-U-Script® Legal Realtime Reporting (2) Pages 5 - 8 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 9 Page 11 1 was the Marcon report. 1 A No, they would be managing crews. 2 Q Let me move on just to get some background 2 Q How many managers of roof crews do you have? 3 information on you, Mr. MacDonald. 3 A Three. 4 Do you have any college degrees? 4 Q And the crews that you employ, are they all 5 A Yes, I have two. 5 employees of Hugh MacDonald? 6 Q And what are they? 6 A No. 7 A Bachelor's of business administration and a 7 Q Where do you obtain your crews from for 8 master's in business administration. 8 roofing? 9 Q Can you go over your work history since you 9 A From other companies mostly. 10 obtained your college degrees? 10 Q Do you have subcontracts with those other 11 A Well, I obtained my college degrees while I 11 companies? 12 was working, so I had a 50-year work history, and it's 12 A I have other companies that subcontract to 13 been in the building materials and construction field 13 Hugh MacDonald. 14 the whole time. I worked my way through college and ran 14 Q And that's on like a regular basis? 15 my own business at the same time. I have been a general 15 A Pretty much a regular basis. 16 contractor in the State of Florida for about 50 years, 16 Q And it would be project-by-project or 17 and a roofing contractor for 38 years, 39, and we do 17 house-by-house? 18 roofs of approximately 500 houses a year, that's it. 18 A Your sound is terrible. I don't know if it's 19 Q Okay. And I take it you are currently 19 my ears or your speaker. 20 employed with Hugh MacDonald Construction? 20 MS. MATTINGLY: Off the record. 21 A Yes, I manage it only. I said 500 houses a 21 (Recess taken.) 22 year, I meant 500 a month. 22 MR. WALLS: On the record. 23 Q 500 a month, that's a lot. 23 Q (By Mr. Walls) So we were taking about the 24 Now, when you say you manage and run it, do 24 companies you have that provide you the crew members for 25 you actually hold any position with the company? 25 roof installation, and my question was: Do you have Page 10 Page 12 1 A I am the president. 1 them under subcontract for a particular project or home 2 Q And as the president, what are your duties and 2 or townhome, or do they work for you, essentially, on 3 responsibilities? 3 like a monthly or time basis? 4 A General management, managing the sales, 4 A Pretty much permanent basis. 5 managing the financial part, making whatever decisions 5 Q So you are not -- when you are, for example, 6 have to be made on asset acquisition, that kind of 6 with the Villas at Emerald Lake, when you get the 7 thing. 7 townhome purchase orders, you are not going out and 8 Q You mentioned you are both a general 8 retaining a crew for each townhome, you already have 9 contractor and roofing contractor. What is the business 9 them lined up, right? 10 of Hugh MacDonald? What type of work do you do? 10 A That's correct. 11 A Ninety-nine percent roofing, and a small 11 Q And I take it these are experienced roof crews 12 amount of general contracting. 12 that you have been using for many years? 13 Q Are there any other officers of Hugh 13 A Yes, over all the years we have been in 14 MacDonald? 14 business, we have some that work for us as long as 25 15 A No. 15 years. 16 Q How many employees do you have? 16 Q Your roofing license, is that in the State of 17 A I don't know. I have to count them. Do you 17 Florida? 18 have any idea for Hugh MacDonald Construction? 20, 25? 18 A Yes. 19 Between 20 and 25 I would imagine. 19 Q No licenses in any other states? 20 Q I was asking of those 20 to 25 employees, how 20 A No. 21 many are in the office, and how many are in the field? 21 Q And your general contractor license, as well, 22 A About half and half. 22 is in the State of Florida? 23 Q And of the people that are in the field, are 23 A Correct. 24 they running crews, or are they actually installing the 24 Q Ever had any complaints against your general 25 roofs? 25 contractor or roofing license? Min-U-Script® Legal Realtime Reporting (3) Pages 9 - 12 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 13 Page 15 1 A No, 50 years, no. 1 a permit shortly, and that license number is on the 2 Q That's a good thing. 2 permit. 3 Are you certified by any manufacturer as an 3 A Well, hang on a minute. I don't fill out 4 approved roofing installer under their manufacturing 4 permit applications, so I don't keep up with the license 5 instructions? 5 number. Can I see it again? 6 A Yes. 6 Q I was going to share with you a previously 7 Q Did that include the CertainTeed roofing 7 marked document. This was previously marked Exhibit 53 8 product that was installed at Villas at Emerald Lake 8 in depositions in this case. Can you see that? 9 Townhomes? 9 A Yes. 10 A Yes. 10 Q And this is an application for residential 11 Q Now, the roofing projects you do, are they all 11 permit for one of the townhomes located in the Emerald 12 commercial -- I mean all residential, or do you do some 12 Lake; do you see the subdivision Emerald Lake Townhomes? 13 commercial? 13 A Right. 14 A Almost zero commercial. Somebody -- a friend 14 Q And if I go down in the permit, do you see the 15 or somebody might ask me to fix something for them, but 15 second page has a list of subcontractors? 16 we don't solicit commercial business. 16 A Right. 17 Q For the residential, I take it that would 17 Q And do you see under roofing, it says roofing, 18 include both multi-family and single-family roofs? 18 Alvarez Roofing? 19 A It would include single-family and townhomes, 19 A Right. 20 not apartments, not condos. 20 Q And then it has that license, which I showed 21 Q In your role with the company, have you ever 21 you on the previous document 186, CCC1329562? 22 worked in the field to manage crews installing roofs? 22 A Correct. 23 A Yes. 23 Q And is that your license number? 24 Q Did you do so on the Villas at Emerald Lake 24 A Yes, it is. 25 project? 25 Q Okay. Then is that the correct e-mail address Page 14 Page 16 1 A No. 1 for you? 2 Q Do you happen to recall who the managers were 2 A It was at one time. It was when this was -- 3 that supervised the crews at the Villas at Emerald Lake 3 this was promulgated. 4 Townhomes? 4 Q And so for when it comes to filling out this 5 A I am pretty certain I do. His name would be 5 permit, would you have provided that information to them 6 Dennis Mueller, M-u-e-l-l-e-r. He generally manages 6 for the roofing part of the permit? 7 jobs in that geographic area. 7 A Yeah. 8 Q Is he still with your company? 8 Q What is Alvarez Roofing? 9 A Yes, 12 or 15 years. 9 A It's another roofing company that I own 10 MR. WALLS: I want to go to the next exhibit 10 100 percent. 11 here, which I will show you. 11 MR. WALLS: I will show you what I found on 12 (Exhibit No. 186 was marked for 12 the State records for that, which we will mark as 13 identification.) 13 Exhibit 187. 14 Q Do you see that document? 14 (Exhibit No. 187 was marked for 15 A Yes. 15 identification.) 16 Q This is a record from the Department of 16 Q Do you see that document? 17 Business and Professional Regulation on license details, 17 A Renewal of fictitious name. It's hard to 18 Hugh MacDonald Roofing, certified roofing contractor. 18 read, but I see what it says up at the top. Yeah, 19 This your roofing contractor license? 19 that's right. 20 A Yes. 20 Q And this one is dated in 2022. Was there an 21 Q Is that your license number there, CCC1329562? 21 earlier application for fictitious name for Alvarez 22 A I don't know. I would have to check to see if 22 Roofing? 23 that is my license number or not, but I can do that and 23 A Yeah, probably -- early 1990s. 24 get back to you. 24 Q Why did you form Alvarez Roofing? 25 Q I mean, the permits -- I am going to show you 25 A I don't know if it's pertinent to what we are Min-U-Script® Legal Realtime Reporting (4) Pages 13 - 16 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 17 Page 19 1 talking about here. But if you want to know, it is 1 the PO box. 2 because I was doing a lot of construction for new homes, 2 Q Is the first page of the vendor subcontractor 3 and people started asking me to do reroofing, and at 3 master agreement between Royal Oak Homes and Hugh 4 that time, I didn't have crews that were trying to work 4 MacDonald Construction; is that correct? 5 on people's houses, deal with the landscaping and 5 A Yeah, I don't see any date on it. 6 everything, so I set up a separate company to do 6 Q Go to the signature page, which is page 19 of 7 reroofing only on residential. Over the years, over 25 7 Exhibit 188. Is that your signature? 8 years, it segued into being a company, another company I 8 A Yes. 9 owned that assisted me in a lot of different ways. 9 Q And it looks like it's signed by Royal Oak 10 Q The reason I asked is that was the name, 10 Homes, Steven Orosz as the president? 11 Alvarez Roofing, from that permit that I showed you for 11 A Okay. 12 one of the Villas at Emerald Lake Townhomes. 12 Q And this was the document that was produced to 13 A Okay. 13 us. Do you have any reason to believe this wasn't the 14 Q Is it fair to say that Alvarez Roofing and 14 agreement in place for your work at the Villas at 15 Hugh MacDonald are one and the same for purposes of this 15 Emerald Lake Townhomes? 16 project? 16 A No. 17 A For purposes of this project, absolutely. 17 Q And I want to go to paragraphs one and two of 18 MR. WALLS: And I am going to show you the 18 this document, and this indicates under the scope of 19 contract. 19 agreement that this agreement authorized you as the 20 Can we take a five-minute break? 20 contractor to commence work at such time as you would be 21 (Recess taken.) 21 issued a start order or work order; is that correct? 22 MR. WALLS: Mr. MacDonald, let me show you 22 A I would have to read it to see if that is 23 what is marked as Exhibit 188 in this deposition. 23 exactly what it says. I am taking your word for it. If 24 (Exhibit No. 188 was marked for 24 you want me to read it, give me a minute to read it, and 25 identification.) 25 I will answer your question directly. It basically says Page 18 Page 20 1 Q And this is a 40-page document. And in the 1 we are not to start work until they tell us to start 2 lower right-hand corner, do you see the number -- the 2 work. 3 letters and numbers HMC000505? 3 Q The way that they would tell you to start work 4 A Yes. 4 is they would issue you a start or work order; is that 5 Q This means we obtained this document from your 5 correct? 6 records; do you recognize that? 6 A Specifically, I am not sure how they handled 7 A I recognize this is a typical document we fill 7 it at that time. They may have picked up the phone and 8 out for our customers pretty often. 8 said building No. 1 was ready. I don't know. To answer 9 Q On the top it has vendor information; do you 9 your question unequivocally, I can't say how they issued 10 recognize that? 10 the beginning of the work. 11 A Yep. 11 Q During the course of the work, did you see 12 Q And this would have been a form Royal Oak 12 work or purchase orders for each unit that reflected the 13 Homes asked you to fill out? 13 townhome lot, the scope of work and the price? 14 A Correct. 14 A No, probably not. We probably would have 15 Q Is that your handwriting or someone else's? 15 given them a price ahead of time. Let me see, how long 16 A Someone else's. 16 ago -- when did we do this job? Five, six years ago? 17 Q Okay. And is the information correct there 17 MR. WALLS: Let me show you what I will mark 18 about your company, your e-mail address, and your 18 as Exhibit 189. 19 numbers and -- physical address? 19 (Exhibit No. 189 was marked for 20 A No, everything looks correct. 20 identification.) 21 Q Okay. Whose cell phone number is that? 21 Q This is the answers to interrogatories. 22 A Mine. 22 A Okay. 23 Q Okay. There is an asterisk by the address on 23 Q At the end, is that your signature? 24 Tom Folsom Road. Do you know why that is there? 24 A Yes. 25 A Probably because they want the mail to go to 25 Q And these were the answers that you provided Min-U-Script® Legal Realtime Reporting (5) Pages 17 - 20 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 21 Page 23 1 in response, and you were asked in question three -- 1 (Exhibit No. 190 was marked for 2 actually start with question two: State the description 2 identification.) 3 of the work you performed at or for the subject 3 Q Can you see that document, Mr. MacDonald? 4 property, which here is the Townhomes at Emerald Lake, 4 A Yes. 5 and you said Hugh MacDonald Construction performed 5 Q In the lower right-hand corner, do you see the 6 roofing installation work in select buildings at the 6 letters HMC000559? 7 subject property. Did I read that correctly? 7 A Yes. 8 A Yep. 8 Q This is a document we received from your 9 Q And that's a correct answer, right? 9 company; do you recognize it? 10 A Right. 10 A Yes. 11 Q And if we go to the next question, it asks you 11 Q This appears to have the lots by building for 12 where you performed that work, right? 12 the Emerald Lake Townhomes; is that correct? 13 A Okay. 13 A It has the house address, postal address and 14 Q And you will see it said it is believed that 14 the lot number, and they are grouped by building. 15 HMC performed its scope of work on lots 110 through 149 15 Q And the date completed, do you see that? 16 and lots 162 through 197 at the subject property being 16 A Yes. 17 the Villas at Emerald Lake Townhomes, correct? 17 Q What does the date completed reflect? 18 A Yes. 18 A It may be the date we got paid. I am not 19 Q Lots, that would mean each individual 19 sure. It could be the date we actually finished the 20 townhome, right? 20 work and they applied for an inspection. I am not sure. 21 A Yes. 21 Q When you applied for an inspection, was that 22 Q And the next question says, state the dates in 22 with the Building Department? 23 between which you performed your work at or for the 23 A The builder, Royal Oak would have applied for 24 subject property, and do you say to the best of your 24 a completion inspection on the roof. 25 knowledge, you performed the work between June 2014 and 25 Q Would the builder, Royal Oak Homes, do that Page 22 Page 24 1 November 2016? 1 when your people told them the roof was ready and 2 A Yep, that's what it says. 2 complete for inspection? 3 Q Any reason to believe that's inaccurate? 3 A Probably. They may have pulled the roofing 4 A No, not without investigation. At the time we 4 permit. I am not sure on this particular job. 5 answered these questions, that would have probably been 5 Q Well, when you say they, do you mean -- 6 the information we used. May of 2014 or June of 2014, 6 A You broke up, Mike. What is it? 7 it may have been as late as September of 2014. But at 7 Q When you said they there, did you mean your 8 that time, we probably thought maybe it was June. 8 people? 9 MS. MATTINGLY: Off the record. 9 A No, I mean Royal Oak. 10 (Recess taken.) 10 Q Okay. If Royal Oak pulled the permit for the 11 MR. WALLS: Back on the record. 11 roofs at the Villas at Emerald Lake Townhomes, and 12 Q Before the break, we were talking about the 12 you -- well, first let's back up. 13 interrogatory answers, and the reference to the dates of 13 What building inspections would be conducted 14 June 2014 to November 2016. During that period of time, 14 for the roofs at a townhome like the Villas at Emerald 15 would Hugh MacDonald have received work orders or 15 Lake Townhomes? 16 purchase orders from Royal Oak Homes for each townhome 16 A The -- are you talking about the municipal, 17 for the unit roof? 17 the County inspection? 18 A I am going to say probably not. Once we began 18 Q Yes. 19 the job, we would be communicating with their field 19 A They would inspect to make sure the dry-in was 20 people, and my field people would do the work as they 20 done, which is the underlayment and the flashings were 21 requested it to be done. Whether it's an actual PO on 21 installed, and that the roof was complete, probably 22 every single unit or not, I am sure we don't have a 22 would make two inspections. 23 record of that. 23 Q The first inspection would be the dry-in and 24 MR. WALLS: Let me show you what will be 24 flashings? 25 marked as Exhibit 190 in this deposition. 25 A Usually. That kind of stuff varies, and it Min-U-Script® Legal Realtime Reporting (6) Pages 21 - 24 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 25 Page 27 1 varies by jurisdiction. And here again, this was five 1 order to do the dry-in and flashings correctly, and you 2 years ago, six, seven years ago, they could have changed 2 meant by Code and manufacturing instructions, right? 3 how they do stuff. Building departments often vary in 3 A Correct. A typical dry-in job, Mike, on one 4 their performance. 4 of these buildings might only take two hours, so the 5 Q Vary in the performance, but they would have 5 crew would be there for a short period of time and move 6 conducted inspections of the roof, right? 6 on to the next job. So if the superintendent happened 7 A Oh, yeah, absolutely. 7 to be there at the same time they were dried in, it 8 Q So when you said the first inspection, dry-in 8 would be a coincidence. 9 and flashing is the way that worked is your 9 Q Would it be a coincidence whether the job 10 superintendent onsite would tell Royal Oak Homes' 10 superintendent for Royal Oak Homes was there? 11 superintendent that the flashing and dry-in was complete 11 A Less of a coincidence. He might have gone for 12 and ready for inspection? 12 coffee, who knows. But, in general, his job is right 13 A That's possible, but it more likely would be 13 there. 14 the superintendent would tell my guys the building is 14 Q Well, he is also walking around and looking at 15 ready for dry-in, and we would dry it in, and he would 15 other things going on, right? 16 see us drying it in and then call in the inspection. 16 A Of course. 17 Q Would a superintendent be present for the 17 Q And so when you knew your crew was done with 18 inspection of the roof dry-in and flashing? 18 the roof and dry-in, would you communicate that to Royal 19 A A Royal Oak superintendent would be. 19 Oak Homes? 20 Q What about your superintendent? 20 A No, not necessarily. Like I said, they may, 21 A No, my superintendent would not be. 21 and they may not, dependent on whatever relationship my 22 Q Would your superintendent tell the Royal Oak 22 guy, my field superintendent has with the field 23 superintendent that it was ready for inspection by the 23 superintendent for Royal Oak. 24 County? 24 Q So I best talk to him about it, right, and 25 MS. MATTINGLY: Form. 25 that's Dennis Mueller? Page 26 Page 28 1 A Under normal circumstances, probably not 1 A You can talk to Dennis about that, yeah. 2 because a Royal Oak superintendent is on the job all the 2 Q Let me go back to the contract. Again, this 3 time and sees the work in progress. And when he sees us 3 is Exhibit 188, which is the master agreement between 4 complete it, then he knows it's ready for an inspection. 4 Royal Oak Homes and Hugh MacDonald Construction. And if 5 Q Well, is your guy out there during the 5 I go down to -- do you see paragraph 27, additional 6 inspection and making sure the crews are putting on the 6 provisions, schedules and addenda? 7 flashing and the dry-in, as well? 7 A Yep. 8 A Would my guys do what? 8 Q And these were the schedules that were part of 9 Q Your superintendent was on the job every day, 9 your master agreement with Royal Oak Homes, correct? 10 right? 10 A That would be something that would be attached 11 A Maybe, not necessarily. 11 to this contract that listed the insurance requirements 12 Q Well, when your superintendent was on the 12 and other pertinent provisions, whatever they would be. 13 site, was he responsible to make sure the crews were 13 Q Right. And then the boxes meant that you 14 putting the dry-in and flashings on in correct form? 14 received them, and they were part of your contract, 15 A Yeah, our guys worked for us all the time, so 15 right? 16 they are trained, and they don't have to be supervised 16 A That's what it says. 17 every day. Our superintendent will go on the job when 17 Q Okay. And to understand what your contract 18 he needs to be on the job. And if he sees work not 18 was, let's go back to paragraph three, contractor 19 being done properly, he will correct it, but in general, 19 responsibilities; do you see that? 20 our guys are trained to do the work properly. 20 A Yes, it's a long paragraph. Do you want me to 21 MS. MATTINGLY: Off the record. 21 read it? 22 (Recess taken.) 22 Q Sure. 23 MR. WALLS: Back on the record. 23 A Okay. Hang on. I got it. 24 Q I believe I was asking you about the field 24 Q You agree here that Hugh MacDonald 25 inspector, and you said your people were trained in 25 Construction agreed to complete the work at the Villas Min-U-Script® Legal Realtime Reporting (7) Pages 25 - 28 Villas at Emerald Lake Homeowners Association, Inc. v. Hugh Macdonald Royal Oak Homes, LLC July 13, 2023 Page 29 Page 31 1 at Emerald Lake Townhomes in compliance with the 1 A That doesn't surprise me. If it had been a 2 contract documents and all applicable federal, state and 2 lot, I would have heard about it, and it would have 3 local laws, including applicable building codes? 3 stuck in my mind. But because I don't know of any, I 4 MS. MATTINGLY: Form. 4 would say that if there were one, that would probably be 5 Sorry, Hugh, when I say that, you can go ahead 5 possible. 6 and answer the question. I just need to put it on 6 Q And if you had gone out and did warranty work, 7 the record. 7 and there was some problem with the warranty work, you 8 A Yes. 8 would have heard about that too? 9 Q (By Mr. Walls) And that's what you did at the 9 A I would. 10 Villas at Emerald Lake Townhomes, right, you performed 10 Q Did you hear anything about that at the Villas 11 all the roofing work in accordance with the contract 11 at Emerald Lake Townhomes? 12 documents and the building codes? 12 A I did not. 13 MS. JOYCE: Form. 13 MS. JOYCE: Form, Joyce. 14 A Yes, on the buildings that we contracted to 14 Q (By Mr. Walls) I want to go down to one of the 15 do, yes. 15 schedules that was identified in Exhibit -- as an 16 Q (By Mr. Walls) And we identified those in the 16 exhibit in that paragraph 27, Schedule B, additional 17 prior exhibit, right? 17 provisions. And Schedule B to master agreement, 18 A Right. 18 additional provisions for Florida, that's the Schedule 19 Q HMC's completed list for Emerald Lake 19 B, correct? 20 Townhomes; is that correct? 20 A That's what this says, that's correct. 21 A That is correct. 21 Q And under section one, general provisions, do 22 Q So I want to move on down to some other 22 you see paragraph B about superintendent? 23 paragraphs in this contract. Do you see paragraph 7A? 23 A Yes. 24 A Yes. 24 Q It says, "Contractor shall maintain a 25 Q And under this paragraph Hugh MacDonald 25 competent and experienced manager or superintendent on Page 30 Page 32 1 Construction agreed that all work would be performed in 1 the job site at all times with authority to make 2 a good and workmanlike manner in accordance with all 2 decisions and bind contractor with respect to the work 3 applicable state statutes, building codes and 3 in this agreement, and to carry out directives OF 4 ordinances, and that all work performed and materials 4 builder's superintendent." Did I read that correct? 5 supplied and furnished by contractor shall be of good 5 MS. JOYCE: Form. 6 quality, free from fault and defects and shall be in 6 A Yes. 7 strict conformity with the plans and specifications. 7 Q (By Mr. Walls) And did you have a 8 Did I read that correctly? 8 superintendent on the Villas at Emerald Lake Townhomes? 9 MS. JOYCE: Form. 9 A Well, here again, that's kind of a definition 10 A Yes. 10 problem. Superintendent is a -- whether or not a 11 Q (By Mr. Walls) And you agreed and did that at 11 superintendent is on the job depends on what you call 12 the Villas at Emerald Lake Townhomes, right? 12 mobile superintendent. 13 A To the best of my knowledge. 13 Listen, I would have somebody on the job that 14 MS. JOYCE: Form, Joyce. 14 could do what this pa