Preview
Filing # 190082313 E-Filed 01/19/2024 09:18:25 AM
Exhibit “E”
In The Matter Of:
Villas at Emerald Lake Homeowners Association, Inc. v.
Royal Oak Homes, LLC
Ronald Klein
July 11, 2023
Legal Realtime Reporting
622 E. Washington Street
Suite 200
Orlando, Florida 32801
Original File KLEIN.txt
Min-U-Script® with Word Index
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 1 Page 3
1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 1 DON KING’S CONCRETE, INC., a
IN AND FOR OSCEOLA COUNTY, FLORIDA Florida corporation,
2 2
Case No.: 2020-CA-002942 Third-Party Plaintiff,
3 3
v.
4 VILLAS AT EMERALD LAKE HOMEOWNERS 4
ASSOCIATION, INC., a Florida not E.R.O. CONSTRUCTION, INC., a
5 For profit corporation, 5 Florida corporation; LIOS CONCRETE
Plaintiff, CORP., a Florida corporation;
6 v. 6 And ATLANTIC CONCRETE SYSTEMS,
ROYAL OAK HOMES, LLC, a Florida INC., a Florida corporation,
7 Limited liability company; ADVANCED 7
WRAPPING AND CONCRETE SOLUTIONS OF Third-Party Defendants.
8 CENTRAL FLORIDA, INC., a Florida 8 _________________________________________/
corporation; DON KING’S CONCRETE, INC.,
9 a Florida corporation; HUGH MACDONALD 9
CONSTRUCTION, INC., a Florida
10 corporation; IMPERIAL BUILDING CORPORATION, 10
a Florida corporation; PREMIER
11 PLASTERING OF CENTRAL FLORIDA, INC., 11
N/K/A TGK STUCCO, INC., a Florida
12 corporation; WEATHERMASTER BUILDING 12
PRODUCTS, INC., a Florida corporation;
13 WEINTRAUB INSPECTIONS & FORENSICS, INC. 13
N/K/A WEINTRAUB ENGINEERING AND
14 INSPECTIONS, INC., a Florida corporation; 14
THE DIMILLO GROUP, LLC, a Florida
15 limited liability company; WOLF’S 15
IRRIGATION & LANDSCAPING, INC.,
16 a Florida corporation; SUMMERPARK 16
HOMES, INC., a Florida corporation;
17 BROWN + COMPANY ARCHITECTURE, INC., 17
a Florida corporation; EXPERT
18 PAINTING & PRESSURE WASHING, INC., 18
a Florida profit corporation,
19 19
Defendants.
20 _________________________________________/ 20
21 (Volume 1 - Pages 1 - 155) 21
22 DEPOSITION OF RONALD KLEIN 22
As Corporate Representative of TGK Stucco, LLC
23 23
DATE TAKEN: July 11, 2023
24 TIME: 10:00 a.m. to 5:00 p.m. 24
PLACE: All Appearances Remote
25 Reporter: Elsa Hernandez FPR 25
Page 2 Page 4
1 ROYAL OAK HOMES, LLC, 1 A P P E A R A N C E S
2 Cross-Claimant, 2 KASEY L. JOYCE, ESQUIRE
Ball Janik, LLP
3 v. 3 201 East Pine Street, Suite 600
Orlando, Florida 32801
4 ADVANCED WRAPPING AND CONCRETE 4 kjoyce@balljanik.com
SOLUTIONS OF CENTRAL FLORIDA, INC., APPEARING ON BEHALF OF PLAINTIFF
5 a Florida corporation; DON KING'S 5
CONCRETE, INC., a Florida corporation;
6 HUGH MACDONALD CONSTRUCTION, INC., 6 FIONA FOLEY, ESQUIRE
a Florida corporation; IMPERIAL ALEXA NORDMAN, ESQUIRE
7 BUILDING CORPORATION, a Florida 7 Carlton Fields, P.A.
corporation; PREMIER PLASTERING OF 4221 West Boy Scout Boulevard, Suite 1000
8 CENTRAL FLORIDA, INC., N/K/A 8 Tampa, Florida 33607
TGK STUCCO, INC., a Florida ffoley@carltonfields.com
9 Florida corporation; WEINTRAUB 9 APPEARING ON BEHALF OF ROYAL OAK HOMES, LLC
INSPECTIONS & FORENSICS, INC.,
10 N/K/A WEINTRAUB ENGINEERING AND 10
INSPECTIONS, INC.; WOLF'S IRRIGATION VICTORIA B. KROELL, ESQUIRE
11 & LANDSCAPING, INC., a Florida 11 Law Office of Thamir Kaddouri
corporation; BROWN + COMPANY 3220 West Cypress Street
12 ARCHITECTURE, INC., a Florida corporation, 12 Tampa, Florida 33607
victoria.kroell@tampalaw.org
13 Cross-Defendants. 13 APPEARING ON BEHALF OF IMPERIAL BUILDING
_________________________________________/ CORPORATION
14 WEATHERMASTER BUILDING PRODUCTS, INC., 14
a Florida corporation, 7
15 15 PETER KAPSALES, ESQUIRE
Third-Party Plaintiff, Milne Law Group, P.A.
16 16 301 East Pine Street, Suite 525
v. Orlando, Florida 32801
17 17 Pkapsales@milnelawgroup.com
ALL GLASS INSTALLATION CORP., APPEARING ON BEHALF OF WEATHERMASTER BUILDING
18 A Florida corporation; CASEY HAWKINS 18 PRODUCTS, INC.
GLASS, INC., a Florida corporation;
19 DEAN NESBIT, LLC, a Florida limited 19
Liability company; HELBERG ENTERPRISES, DAVID A. MERCER, ESQUIRE
20 LLC, a Florida limited liability 20 Butler Weihmuller Katz Craig, LLP
Company; HOBBIT WINDOWS, LLC, a 400 North Ashley Drive, Suite 2300
21 Florida limited liability company; 21 Tampa, Florida 33602
T&M CONSTRUCTION OF SANFORD, INC., Dmercer@butler.legal
22 a Florida corporation; WELL DONE 22 APPEARING ON BEHALF OF DON KING'S
WINDOWS, INC., a Florida corporation; CONCRETE, INC.
23 and WELL HUNG WINDOWS & DOORS, LLC, 23
a Florida limited liability company,
24 24
Third-Party Defendants.
25 __________________________________________/ 25
Min-U-Script® Legal Realtime Reporting (1) Pages 1 - 4
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 5 Page 7
1 CONTINUED APPEARANCES: 1 I N D E X
2 JOSEPH M. CLINE, ESQUIRE 2
The law Office of William Woods PAGE
3 100 South Missouri Avenue, Suite 201 3
Clearwater, Florida 33756 DIRECT EXAMINATION BY MS. FOLEY 9
4 josephc@willwoodslaw.com 4 CROSS-EXAMINATION BY MS. JOYCE 79
APPEARING ON BEHALF OF T&M CONSTRUCTION CROSS-EXAMINATION BY MS. REISCH 123
5 AND ALL GLASS INSTALLATION 5 CROSS-EXAMINATION BY MR. HOLWAY 126
STIPULATION 152
6 6 CERTIFICATE OF OATH 154
ANDREW E. HOLWAY, ESQUIRE CERTIFICATE OF REPORTER 155
7 Hill Ward & Henderson, P.A. 7 ERRATA SHEET 156
101 East Kennedy Boulevard, Suite 3700
8 Tampa, Florida 33602 8
Andrew.holway@hwhlaw.com
9 APPEARING ON BEHALF OF WEINTRAUB INSPECTIONS & 9
FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING
10 AND INSPECTIONS, INC. 10
11 11
JAYNE PITTMAN, ESQUIRE
12 Conroy Simberg 12
Two South Orange Avenue, Suite 300
13 Orlando, Florida 32801 13
Jpittman@conroysimberg.com
14 APPEARING ON BEHALF OF ADVANCED WRAPPING AND 14
CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC.
15 15
16 BARRI REISCH, ESQUIRE 16
Milber Makris Plousadis & Seiden, LLP
17 1900 Northwest Corporate Boulevard, Suite 440 17
Boca Raton, Florida 33431
18 breisch@milbermakris.com 18
APPEARING ON BEHALF OF BROWN & COMPANY
19 ARCHITECTURE, INC. 19
20 20
BRENDEN C. COLLINS, ESQUIRE
21 CHRIS RITCHIE, ESQUIRE 21
Galloway Johnson Tompkins Burr & Smith, PLC
22 400 North Ashley Drive, Suite 1000 22
Tampa, Florida 33602
23 Bcollinsl@gallowaylawfirm.com 23
APPEARING ON BEHALF OF CASEY HAWKINS
24 GLASS, INC. 24
25 25
Page 6 Page 8
1 CONTINUED APPEARANCES: 1 E X H I B I T S
2 2 FOR IDENTIFICATION PAGE NO.
CHRISTINE DIFILLIPPO, ESQUIRE
3 Wright Fulford Moorhead & Brown, P.A. 3 Exhibit Number 173 11
505 Maitland Avenue, Suite 1000 (Notice of Taking Deposition)
4 Altamonte Springs, Florida 32701 4
cdifillippo@wfmblaw.com Composite Exhibit Number 174 30
5 APPEARING ON BEHALF OF WELL HUNG 5 (Documents re: Name Change)
WINDOWS & DOORS, LLC
6 6 Composite Exhibit Number 175 68
(Photos)
7 JACKELINE S. RODRIGUEZ, ESQUIRE 7
Hamilton Miller & Birthisel, LLP Exhibit Number 176 79
8 150 Southeast Second Avenue, Suite 1200 8 (Mid-wall Screed)
Miami, Florida 33131
9 srodriguez@hamiltonmillerlaw.com 9 Composite Exhibit Number 177 77
APPEARING ON BEHALF OF TGK STUCCO, INC. (Later Dated 1/18/21 re: Supplemental
10 10 Notice of Claim)
11 11 Exhibit Number 178 114
(ROH-EMERALD01450-010458)
12 12
Exhibit Number 179 116
13 13 (Front page of the set of plans for
lots 118 to 125)
14 14
Exhibit Number 180 117
15 15 (118 - 125 Plans Building Elevation
Page)
16 16
Exhibit Number 181 118
17 17 (118 - 125 Plans Miscellaneous Details
Page)
18 18
Exhibit Number 182 132
19 19 (Defendant/Cross-Claim defendants, TGK
Stucco, Inc.'s Notice of Serving
20 20 Standard Interrogatories)
21 21 Exhibit Numbers 183 and 184 145
(2010 Florida Residential Code, Chapter
22 22 43
Chapter 46, Referenced Standards of
23 23 the 2014 Florida Residential Code)
24 24
25 25
Min-U-Script® Legal Realtime Reporting (2) Pages 5 - 8
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 9 Page 11
1 THE COURT REPORTER: Do you swear or affirm 1 A. Fine.
2 the testimony that you are about to give will be 2 Q. And do you understand today that if I ask
3 the truth, the whole truth, and nothing but the 3 you a question and I refer to you or TGK Stucco, I'm
4 truth. 4 referring to TGK Stucco, Inc.; is that fair?
5 THE WITNESS: Yes, I do. 5 A. That's fine.
6 RONALD KLEIN, 6 Q. I'm going to share my screen with you now.
7 the deponent herein, being duly sworn under oath, was 7 Do you see this document that I've shared on my
8 examined and testified as follows: 8 screen?
9 DIRECT EXAMINATION 9 A. Yes, I do.
10 BY MS. FOLEY: 10 Q. Do you recognize this document?
11 Q. Good afternoon. Would you please state your 11 A. Just from what I've seen recently.
12 full name for the record. 12 Q. Okay. Do you see that this document says,
13 A. Ronald Gary Cline. 13 if we scroll down a little more, it says, "Notice of
14 Q. Mr. Klein, my name is Fiona Foley. I'm an 14 Taking Deposition of Defendant, Cross-Claim Defendant
15 attorney with Carlton Fields and my office represents 15 TGK Stucco, Inc's Corporate Representative." Do you
16 Royal Oak Homes in this lawsuit. I'm here today to 16 see that?
17 take your deposition. Have you ever given a 17 A. I do.
18 deposition before? 18 Q. I'm going to go ahead and mark this as
19 A. No, I have not. 19 Exhibit 173.
20 Q. So there's a couple of ground rules for 20 (Exhibit Number 173 was identified.)
21 taking a deposition -- for giving deposition 21 BY MS. FOLEY:
22 testimony, I know this is via Zoom, but you can see 22 Q. Mr. Klein, did you review this notice?
23 in the tiles that Ms. Hernandez, who just looked at 23 A. Briefly, I did, yes.
24 your identification and swore you in, she's the court 24 Q. And if I keep scrolling down here, do you
25 reporter, so as we're talking, as I'm asking 25 see that it has an Exhibit A, and if I keep
Page 10 Page 12
1 questions and you are providing answers, she's typing 1 scrolling, there's an Exhibit B. Do you see both of
2 everything up that we're saying. 2 those?
3 A. That's fine. 3 A. I do.
4 Q. So it's important that we use verbal 4 Q. Did you review both those exhibits?
5 responses, any kind of shaking of the head or 5 A. I did.
6 shoulder shrugs or uh-huhs or uh-uhs, she can't take 6 Q. And do you understand that you are presented
7 that down. 7 here today as the corporate representative of TGK
8 A. I understand. 8 Stucco?
9 Q. The other thing is, because she's trying to 9 A. I do.
10 type this all up, it's important that you wait until 10 Q. And that you are speaking not in your
11 I finish asking a question before you answer it, even 11 individual capacity, but for the company TGK Stucco?
12 if you think you know where you think I'm going with 12 A. Correct.
13 it, that way it keeps a clean record of questions and 13 Q. And do you understand that your testimony
14 answers; is that fair? 14 today is binding on TGK Stucco?
15 A. That's fine, yep. 15 A. Correct.
16 Q. I don't anticipate we'll be here too long, 16 Q. And if we look at Exhibit A, there's
17 but if you need a break at any point, please let me 17 itemized numbers here, and they go 1 through 22. Are
18 know, my only request would be if there is a pending 18 you the corporate rep for all the topics listed in
19 question, you answer the question prior to asking for 19 Exhibit A, 1 through 22?
20 a break; is that okay? 20 A. Correct, yes.
21 A. That's fine. 21 Q. And, Mr. Klein, did you bring any documents
22 Q. If you don't understand a question that I've 22 with you today?
23 asked you, please let me know, and I'll try and 23 A. No, just some notes I've taken on
24 rephrase it, but if you answer the question, I will 24 recollections and that's it.
25 assume that you understood it; is that fair? 25 Q. So regarding Exhibit B to this notice, you
Min-U-Script® Legal Realtime Reporting (3) Pages 9 - 12
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 13 Page 15
1 didn't bring any documents that would -- 1 A. Well, I only worked for the first company
2 A. There is no documents, the business has been 2 for probably not even a year -- probably a year, I'm
3 out of business for, I think, like six years now, so 3 really going on recollection, I really can't recall.
4 the documents are nowhere to be found. 4 And then H & H was probably a couple years and then I
5 Q. I'm going to stop sharing my screen. I want 5 actually bought a mixer and started doing
6 to talk with you a little bit now just about your 6 subcontracting work.
7 educational background and kind of your work history 7 Q. Around what time was that year?
8 if that's okay. 8 A. I'm going to guess I was probably 19 or 20
9 A. Yes. 9 at the time.
10 Q. Mr. Klein, what is your highest level of 10 Q. So when you bought that mixer and you were
11 education? 11 doing subcontractor work, when was the next time, I
12 A. High school. 12 guess, you were working for a company not as a
13 Q. And where did you graduate high school? 13 subcontractor?
14 A. Colonial High School. 14 A. It was Engle Homes, actually -- or actually,
15 Q. Is that in Orlando? 15 it was Tomkins Heritage Homes and again, that was
16 A. It is. 16 probably around when I was 19-sh. I started doing
17 Q. Do you recall what year you graduated? 17 work directly for Tomkins Heritage Homes and then, at
18 A. Not off the top of my head, 82-ish, I think. 18 that time, I did that for a couple years and I
19 Q. Do you have any educational experience after 19 actually sold that company to another gentleman that
20 high school? 20 bought a -- my company, which was basically good
21 A. No, just what I learned in the field over 21 faith of the contract I had with Tomkins Heritage
22 the years. 22 Homes. And then he bought a drywall company and a
23 Q. And so kind of going off of that, can you 23 couple other companies and I worked there for about
24 start with or explain to me your work history, 24 two years.
25 starting with when you graduated high school? 25 Q. So just to kind of go through that, you said
Page 14 Page 16
1 A. I really went -- I went straight into stucco 1 when you worked for Tomkins Heritage Homes, you sold
2 when I was probably 18 years old, and that's what 2 that company?
3 I've done most of my life, actually, until I went out 3 A. Yeah, it was for, you know, it wasn't much,
4 of business six years ago. I haven't done nothing, 4 I was just a guy working out of a truck then. It was
5 so my whole life was stucco. 5 actually a gentleman that retired from IBM bought,
6 Q. Now, when you say you went straight into 6 basically, my little company, which was a truck, a
7 stucco, did work for a stucco company? 7 couple of scaffolds, a mixer, my good faith of the
8 A. I did. 8 contract I had, and he did the same thing with a
9 Q. Do you recall the name of that company? 9 small roofing guy, small drywall guy, and that's kind
10 A. Not off the top of my head, I worked there 10 of how that came about.
11 for probably eight months to a year. Actually, prior 11 Q. So after that, do you know the names of any
12 to going into stucco, I did do some concrete work for 12 other companies that you've worked for?
13 a while, when I was probably 17, I was working some 13 A. Well, after that, I worked there for a
14 on concrete. I'm trying to think of the first stucco 14 couple of years and then we started doing -- I picked
15 company, I cannot think of the name, so, no, I 15 up, obviously, other work, I was in charge of the
16 cannot. 16 stucco division. I picked up Engle Homes, KB Homes,
17 Q. And after that first job doing concrete and 17 which was, I want to say a spinoff of -- it might
18 then doing stucco work, any other stucco jobs you had 18 have been something else before KB Homes, we're
19 with companies after that? 19 talking many, many years ago. And then I left that
20 A. Then I worked for a company called H & H 20 company and went on my own.
21 Plastering. 21 Q. When you went on your own, what was the name
22 Q. What were you doing there? 22 of that company, or did you start a company?
23 A. Same thing, stucco. 23 A. That was Premier Plastering back then.
24 Q. Do you recall around what time you worked 24 Q. I'll talk to you a little bit about that in
25 for H & H Plastering? 25 a minute. Did you start Premier Plastering?
Min-U-Script® Legal Realtime Reporting (4) Pages 13 - 16
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 17 Page 19
1 A. I did. 1 installation/application company?
2 Q. And then after Premier Plastering, can you 2 A. It was.
3 walk me through, kind of, your work history? 3 Q. Regarding those duties and responsibilities,
4 A. Premier Plastering was around for many, many 4 could you say, I guess, what percentage of your time
5 years and then probably the market crash, I guess 5 you acted as a project manager for Coast to Coast?
6 that was '07, things kind of got tight, obviously, 6 A. As far as in the field?
7 for a few years for many people out there. We did a 7 Q. Yes.
8 little in-house restructuring or restructuring, 8 A. I would go out in the field from time to
9 rather, I forget what year Premier was dissolved. 9 time, I had managers out there, obviously, I would
10 Again, I don't even recall what year, but that's when 10 meet with the general contractors for meetings,
11 TGK Stucco came about. 11 lunches, et cetera, and then I would obviously go out
12 Q. What was your position with Premier? 12 in the field, once or twice a week, sometimes every
13 A. I was the owner/manager. 13 couple of weeks.
14 Q. And you said when that dissolved you became 14 Q. Did any of your work with Coast to Coast
15 TGK Stucco? 15 include drafting details for the installation of
16 A. Correct. 16 stucco systems?
17 Q. Do you recall what year that was? 17 A. Say again?
18 A. Not off the top of my head, no. I think 18 Q. Did any of your work with Coast to Coast
19 Premier was dissolved around '11 or '12, around 19 include drafting details for the installation of
20 there. 20 stucco systems?
21 Q. And then you went on to work at TGK Stucco? 21 A. Everything we did was per county code and
22 A. Correct. 22 the general contractor.
23 Q. Can you keep walking me through your work 23 Q. What about installing stucco systems, was
24 history? 24 that part of your job with Coast to Coast?
25 A. That's it. Then TGK went on to, I want to 25 A. As far as drafting things or just doing it?
Page 18 Page 20
1 say 2017, I think. 1 Q. Just doing it.
2 Q. Anything after that? 2 A. Of course, yeah, we would do the lath work
3 A. Then we did a little more -- I brought in my 3 and the stucco, that would be part of the stucco
4 son, it was probably 2016, '17, I brought in my son, 4 industry trade.
5 restructured again, went into Coast to Coast, which 5 Q. How long would you say you have been in the
6 was just for a couple of years and that was that. 6 construction industry?
7 Q. Coast to Coast? 7 A. My whole life.
8 A. Stucco, yes. 8 Q. And based on everything we've discussed so
9 Q. Did you say that was around 2016 or 2017? 9 far, since high school, have we kind of gone over
10 A. Roughly, yeah. 10 everything in your work history up until now?
11 Q. So after Coast to Coast, did you form 11 A. That's pretty much it, yeah, stucco has been
12 anything else? 12 pretty much my whole life, yeah.
13 A. That was it, no, actually, I had some health 13 Q. Do you hold any licenses in any field of
14 issues, went through a long, drawn out divorce, and 14 building construction?
15 that's where I'm at now. 15 A. No.
16 Q. Are you currently employed? 16 Q. Are you certified by any manufacturer as an
17 A. I'm not. 17 approved stucco installer?
18 Q. What was your position at Coast to Coast? 18 A. There is no certification. I mean, I was
19 A. Same thing, manager/owner. 19 certified through EIFS systems, at one point, which
20 Q. What would your responsibilities and duties 20 is not stucco, that's an exterior insulated finish
21 entail as the managing owner or manager/owner? 21 system. At one point, we were certified through
22 A. Obviously, estimating, budgets, overseeing 22 Tyvek, which is an underlayment wrap, but in stucco,
23 management, and pretty much, you know, owner-type 23 there really is no certifications.
24 things. 24 Q. Regarding your experience with stucco
25 Q. Was Coast to Coast a stucco 25 installation and application, could you tell me, I
Min-U-Script® Legal Realtime Reporting (5) Pages 17 - 20
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 21 Page 23
1 guess, how much of your time or how much of your work 1 TGK Stucco was?
2 has been devoted to stucco installation or 2 A. Same thing, organizing, doing the bidding,
3 application on commercial property? 3 budgeting, obviously, overseeing the managers who
4 A. Commercial was very limited, it was -- we 4 were overseeing the crews.
5 did some commercial work, but it was a small 5 Q. Were you the owner or -- were you the owner
6 percentage. 6 of TGK Stucco?
7 Q. What about residential? 7 A. I was.
8 A. Residential was the primary. 8 Q. Were there any other officers?
9 Q. Other than manager, which is what we've 9 A. There was, my ex-wife was one.
10 discussed regarding your work history and your 10 Q. Can you tell me your ex-wife's name?
11 companies like Coast to Coast, did you take on any 11 A. Theresa, T-H-E-R-E-S-A.
12 other roles during any other times during your 12 Q. What was her last name?
13 employment? 13 A. Klein.
14 A. No. 14 Q. Do you know how many employees TGK Stucco
15 Q. Were you ever working as a laborer? 15 had?
16 A. No. I mean, I grew up doing stucco in my 16 A. Off the top of my head, we had -- we
17 earlier years, obviously, I was an applicator. 17 subcontracted most all the work, actually all the
18 Q. Okay. We kind of talked about that, when 18 work, so we had a couple managers and a couple office
19 you were initially out of high school, is that when 19 people, that was it, it was a very small company.
20 you were working as an applicator? 20 Actually, TGK Stucco had one manager back then and I
21 A. Probably for about, I don't know, ten years, 21 had two people in the office.
22 I guess. 22 Q. Do you recall the names of the two people in
23 Q. Regarding TGK Stucco, you indicated that you 23 the office?
24 started it after Premier Plastering; is that correct? 24 A. One was actually my mother and the other one
25 A. Correct. 25 was my ex-wife, Theresa.
Page 22 Page 24
1 Q. Do you recall -- and I apologize if you 1 Q. What you mother's name?
2 answered this, but the year that TGK Stucco was 2 A. Angela.
3 formed? 3 Q. You said you had two people in the office
4 A. I can't recall off the top of my head. 4 and one manager; is that right?
5 Q. And can you tell me why exactly TGK Stucco 5 A. The manager was the gentleman out in the
6 was formed? 6 field; correct.
7 A. Really, when the market crashed -- well, one 7 Q. Do you recall the name of that person?
8 of the main reasons was there was another -- my 8 A. Terry Tibbs.
9 company was actually Premier Plastering of Central 9 Q. Did you say Tibbs, with a T?
10 Florida and there was another company called Premier 10 A. I did.
11 Plastering that I was not aware of and I started 11 Q. Is it T-I-B-A-S?
12 receiving notice to owners and invoices from various 12 A. I believe so.
13 material houses that I'd never dealt with. So the 13 Q. And what exactly was his role?
14 name was kind of getting mixed up out there a little 14 A. Management, scheduling the work, meeting
15 bit, so we did a little restructuring back then, and 15 with the builders, which I did at times as well,
16 that's when TGK came about. 16 meeting with the job superintendents for the
17 Q. Other than there being another company 17 builders, you know, if they would call and say a job
18 called Premier Plastering, was there any other reason 18 was ready, he would set up to have the material
19 for dissolving it and changing to TGK Stucco? 19 delivered and lineup the crews to go out there.
20 A. No. Other than what I told you, no. 20 Q. Do you recall the number of crews that TGK
21 Q. Can you tell me, for the record, what the 21 Stucco had?
22 business of TGK Stucco is? 22 A. We had a handful, it just depends, it wasn't
23 A. Stucco, it was just stucco application, 23 many. Just a handful, it just depends on what
24 material, and labor, turnkey. 24 workload we had at any given time.
25 Q. Can you tell me what your position within 25 Q. Do you recall any of the members of the
Min-U-Script® Legal Realtime Reporting (6) Pages 21 - 24
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 25 Page 27
1 crew? 1 employees, maybe.
2 A. No, I don't. 2 Q. Do you know how many crews Premier
3 Q. Do you recall any of the supervisors of the 3 Plastering had?
4 crews? 4 A. Not off the top of my head, no. Again, they
5 A. No, I relied on my supervisor and he dealt 5 were all subcontractors.
6 with the crews in the field. 6 Q. Did you bring over any employees from
7 Q. Other than Terry Tibbs, your mother, Angela 7 Premier Plastering to TGK Stucco?
8 and your ex-wife, Theresa Klein, is there anybody 8 A. No, other than my ex and maybe Terry, I
9 else with TGK Stucco that you can recall who was 9 think, because like I said, once the company -- when
10 employed by the company? 10 the market crashed, everything kind of went away,
11 A. No, I think my son may have came on at some 11 people disappeared, it wasn't like it was everybody
12 point later, after it was first started, he did a 12 moving to a new company, there was nobody after the
13 little bit of office work, but he was in school at 13 market crashed.
14 the time, so it was more part-time than anything. 14 Q. Did any of the stucco crew members from
15 Q. What is your son's name? 15 Premier come over to TGK?
16 A. Tyler. 16 A. There might have been one at the time, but
17 Q. Last name Klein? 17 again, I would have to -- again, I don't even recall,
18 A. It is. 18 honestly.
19 Q. And you said he did some office work? 19 Q. Do you recall that person's name?
20 A. Pretty much, yeah. 20 A. I don't recall a name.
21 Q. Do you recall who the supervisors were for 21 Q. Regarding TGK Stucco, and TGK Stucco's work
22 TGK Stucco? 22 while it was still going, TGK Stucco would've been
23 A. Terry Tibbs. 23 familiar with the Florida building codes, stucco
24 Q. Anyone else? 24 installation requirements; is that right, when they
25 A. That's it, that I know of at that time, I 25 were performing work?
Page 26 Page 28
1 think that's all we had back then. 1 A. Correct.
2 Q. And did TGK Stucco have any engineers? 2 Q. And TGK Stucco would've been familiar with
3 A. No engineers. 3 ASTM 926, and ASTM 1063; right?
4 Q. Did TGK Stucco have any architects? 4 A. Correct.
5 A. No. 5 Q. I want to turn now to The Villas at Emerald
6 Q. Prior to TGK Stucco being formed, you said 6 Lake project. Do you recall how TGK Stucco first
7 it was Premier Plastering of Central Florida; is that 7 became involved with this project? And when I say
8 correct? 8 project, going forward, I want you to know that I'm
9 A. Correct. 9 referring to The Villas at Emerald Lake townhome
10 Q. Did that company have any officers? 10 project in Osceola County.
11 A. Yeah, it was myself and my ex as well, 11 A. Obviously, we were awarded the job and then
12 Theresa. 12 we did the job.
13 Q. Anyone else? 13 Q. Do you know why your firm was chosen for the
14 A. Off the top of my head, I don't know, I 14 work on this project?
15 would have to look at SunBiz or something. 15 A. Because they liked me, because we did good
16 Q. Were there any directors? 16 work.
17 A. Off the top of my head, I can't recall how 17 Q. Do you recall -- when you say "they," do you
18 the lawyer had everything set up. 18 recall who they were?
19 Q. And was Premier Plastering in the business 19 A. I don't even remember because I think a
20 of stucco installation and application as well? 20 certain builder kept changing names as well, so I
21 A. Yes, it was. 21 would be real fuzzy to say what their name was at the
22 Q. Do you recall how many employees Premier 22 time.
23 Plastering had? 23 Q. At the time of this project, would you
24 A. Premier Plastering, again, it was more, 24 characterize TGK Stucco as a highly qualified and
25 probably, again, subcontracted based, maybe six 25 experienced stucco applicator and installer?
Min-U-Script® Legal Realtime Reporting (7) Pages 25 - 28
Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein
Royal Oak Homes, LLC July 11, 2023
Page 29 Page 31
1 A. Absolutely. 1 A. It would be TGK Stucco.
2 Q. At the start of this project, would you 2 Q. Do you recall what person, if anyone, had
3 characterize TGK Stucco as very knowledgeable on the 3 final authority with respect to the services?
4 codes and standards that governed the stucco 4 A. That would be management and myself, and
5 installation on residential projects? 5 again, we were strictly following the general
6 A. Absolutely. 6 contractor's request and the municipality building
7 Q. And would you characterize TGK Stucco as an 7 inspectors and the third-party inspectors.
8 expert on the standards of practice and codes 8 Q. When you say management and yourself, who
9 governing the stucco installation on residential 9 are you referring to in management?
10 projects? 10 A. Terry.
11 MS. JOYCE: Objection; form. 11 Q. Do you recall what year you first began
12 MS. RODRIGUEZ: Form. 12 doing work for Royal Oak Homes?
13 BY MS. FOLEY: 13 A. I don't recall off the top of my head.
14 Q. Periodically, your attorney may object or 14 Q. I'm going to go ahead and share my screen
15 someone may object, but you can go ahead and answer. 15 with you again. Do you see my screen here?
16 A. Oh, yeah, absolutely. 16 A. I do.
17 Q. Would you agree that you were more 17 Q. I'm going to mark this as Exhibit 174.
18 knowledgeable than Royal Oak Homes when it came to 18 (Composite Exhibit Number 174 was identified.)
19 the industry standards and building code requirements 19 BY MS. FOLEY:
20 that govern the stucco installation on residential 20 Q. Do you see this line that says 4/16/13?
21 projects? 21 A. I do.
22 MS. RODRIGUEZ: Form. 22 Q. And do you see that it says, "This is a
23 MS. JOYCE: Form. 23 company name change from Premier Plastering to TGK
24 BY MS. FOLEY 24 Stucco, Inc. Ron Klein is still the general manager
25 Q. You can go ahead and answer. 25 and he will be sending W-9 and insurance
Page 30 Page 32
1 A. Everything we did was per county code at the 1 certificate."
2 time and industry standards, so that's what -- 2 Do you see that?
3 that's -- if that's what the inspectors expected us 3 A. I do.
4 to do when they inspected the work, that's what we 4 MS. RODRIGUEZ: Objection to the exhibit.
5 did. 5 By MS. FOLEY:
6 Q. When you say what the inspectors had to do, 6 Q. If we continue down, it says, "Ron said that
7 who are you referring to? 7 he will be meeting with Colby about payments and who
8 A. County inspectors, municipalities and 8 gets paid what. Ron said that the name change is
9 third-party inspectors. 9 effective now, but I'm not quite sure how the payout
10 Q. Regarding this specific project at The 10 is going to work."
11 Villas at Emerald Lake, are you familiar with the 11 And then it says "Peggy" at the bottom. Do
12 scope of the undertaking? 12 you see that?
13 A. Pertaining to the work? 13 A. Yeah, but, you know, I've never seen this,
14 Q. Yes, sir. 14 so...
15 A. I don't recall off the top of my head, but 15 Q. Okay. But do you understand that this is
16 it's standard applications per ASTM. 16 indicating the name change from Premier Plastering to
17 Q. And I'm going to go over the contract and 17 TGK Stucco?
18 kind of the scope shortly, but I wanted to kind of 18 MS. RODRIGUEZ: Objection. Go ahead.
19 ask you these questions first. Do you know who at 19 A. Well, I stated Premier Plastering was
20 TGK Stucco had final authority with respect to 20 Premier Plastering, and it was changed to TGK Stucco.
21
Preview
Filing # 190082313 E-Filed 01/19/2024 09:18:25 AM Exhibit “E” In The Matter Of: Villas at Emerald Lake Homeowners Association, Inc. v. Royal Oak Homes, LLC Ronald Klein July 11, 2023 Legal Realtime Reporting 622 E. Washington Street Suite 200 Orlando, Florida 32801 Original File KLEIN.txt Min-U-Script® with Word Index Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 1 Page 3 1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 1 DON KING’S CONCRETE, INC., a IN AND FOR OSCEOLA COUNTY, FLORIDA Florida corporation, 2 2 Case No.: 2020-CA-002942 Third-Party Plaintiff, 3 3 v. 4 VILLAS AT EMERALD LAKE HOMEOWNERS 4 ASSOCIATION, INC., a Florida not E.R.O. CONSTRUCTION, INC., a 5 For profit corporation, 5 Florida corporation; LIOS CONCRETE Plaintiff, CORP., a Florida corporation; 6 v. 6 And ATLANTIC CONCRETE SYSTEMS, ROYAL OAK HOMES, LLC, a Florida INC., a Florida corporation, 7 Limited liability company; ADVANCED 7 WRAPPING AND CONCRETE SOLUTIONS OF Third-Party Defendants. 8 CENTRAL FLORIDA, INC., a Florida 8 _________________________________________/ corporation; DON KING’S CONCRETE, INC., 9 a Florida corporation; HUGH MACDONALD 9 CONSTRUCTION, INC., a Florida 10 corporation; IMPERIAL BUILDING CORPORATION, 10 a Florida corporation; PREMIER 11 PLASTERING OF CENTRAL FLORIDA, INC., 11 N/K/A TGK STUCCO, INC., a Florida 12 corporation; WEATHERMASTER BUILDING 12 PRODUCTS, INC., a Florida corporation; 13 WEINTRAUB INSPECTIONS & FORENSICS, INC. 13 N/K/A WEINTRAUB ENGINEERING AND 14 INSPECTIONS, INC., a Florida corporation; 14 THE DIMILLO GROUP, LLC, a Florida 15 limited liability company; WOLF’S 15 IRRIGATION & LANDSCAPING, INC., 16 a Florida corporation; SUMMERPARK 16 HOMES, INC., a Florida corporation; 17 BROWN + COMPANY ARCHITECTURE, INC., 17 a Florida corporation; EXPERT 18 PAINTING & PRESSURE WASHING, INC., 18 a Florida profit corporation, 19 19 Defendants. 20 _________________________________________/ 20 21 (Volume 1 - Pages 1 - 155) 21 22 DEPOSITION OF RONALD KLEIN 22 As Corporate Representative of TGK Stucco, LLC 23 23 DATE TAKEN: July 11, 2023 24 TIME: 10:00 a.m. to 5:00 p.m. 24 PLACE: All Appearances Remote 25 Reporter: Elsa Hernandez FPR 25 Page 2 Page 4 1 ROYAL OAK HOMES, LLC, 1 A P P E A R A N C E S 2 Cross-Claimant, 2 KASEY L. JOYCE, ESQUIRE Ball Janik, LLP 3 v. 3 201 East Pine Street, Suite 600 Orlando, Florida 32801 4 ADVANCED WRAPPING AND CONCRETE 4 kjoyce@balljanik.com SOLUTIONS OF CENTRAL FLORIDA, INC., APPEARING ON BEHALF OF PLAINTIFF 5 a Florida corporation; DON KING'S 5 CONCRETE, INC., a Florida corporation; 6 HUGH MACDONALD CONSTRUCTION, INC., 6 FIONA FOLEY, ESQUIRE a Florida corporation; IMPERIAL ALEXA NORDMAN, ESQUIRE 7 BUILDING CORPORATION, a Florida 7 Carlton Fields, P.A. corporation; PREMIER PLASTERING OF 4221 West Boy Scout Boulevard, Suite 1000 8 CENTRAL FLORIDA, INC., N/K/A 8 Tampa, Florida 33607 TGK STUCCO, INC., a Florida ffoley@carltonfields.com 9 Florida corporation; WEINTRAUB 9 APPEARING ON BEHALF OF ROYAL OAK HOMES, LLC INSPECTIONS & FORENSICS, INC., 10 N/K/A WEINTRAUB ENGINEERING AND 10 INSPECTIONS, INC.; WOLF'S IRRIGATION VICTORIA B. KROELL, ESQUIRE 11 & LANDSCAPING, INC., a Florida 11 Law Office of Thamir Kaddouri corporation; BROWN + COMPANY 3220 West Cypress Street 12 ARCHITECTURE, INC., a Florida corporation, 12 Tampa, Florida 33607 victoria.kroell@tampalaw.org 13 Cross-Defendants. 13 APPEARING ON BEHALF OF IMPERIAL BUILDING _________________________________________/ CORPORATION 14 WEATHERMASTER BUILDING PRODUCTS, INC., 14 a Florida corporation, 7 15 15 PETER KAPSALES, ESQUIRE Third-Party Plaintiff, Milne Law Group, P.A. 16 16 301 East Pine Street, Suite 525 v. Orlando, Florida 32801 17 17 Pkapsales@milnelawgroup.com ALL GLASS INSTALLATION CORP., APPEARING ON BEHALF OF WEATHERMASTER BUILDING 18 A Florida corporation; CASEY HAWKINS 18 PRODUCTS, INC. GLASS, INC., a Florida corporation; 19 DEAN NESBIT, LLC, a Florida limited 19 Liability company; HELBERG ENTERPRISES, DAVID A. MERCER, ESQUIRE 20 LLC, a Florida limited liability 20 Butler Weihmuller Katz Craig, LLP Company; HOBBIT WINDOWS, LLC, a 400 North Ashley Drive, Suite 2300 21 Florida limited liability company; 21 Tampa, Florida 33602 T&M CONSTRUCTION OF SANFORD, INC., Dmercer@butler.legal 22 a Florida corporation; WELL DONE 22 APPEARING ON BEHALF OF DON KING'S WINDOWS, INC., a Florida corporation; CONCRETE, INC. 23 and WELL HUNG WINDOWS & DOORS, LLC, 23 a Florida limited liability company, 24 24 Third-Party Defendants. 25 __________________________________________/ 25 Min-U-Script® Legal Realtime Reporting (1) Pages 1 - 4 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 5 Page 7 1 CONTINUED APPEARANCES: 1 I N D E X 2 JOSEPH M. CLINE, ESQUIRE 2 The law Office of William Woods PAGE 3 100 South Missouri Avenue, Suite 201 3 Clearwater, Florida 33756 DIRECT EXAMINATION BY MS. FOLEY 9 4 josephc@willwoodslaw.com 4 CROSS-EXAMINATION BY MS. JOYCE 79 APPEARING ON BEHALF OF T&M CONSTRUCTION CROSS-EXAMINATION BY MS. REISCH 123 5 AND ALL GLASS INSTALLATION 5 CROSS-EXAMINATION BY MR. HOLWAY 126 STIPULATION 152 6 6 CERTIFICATE OF OATH 154 ANDREW E. HOLWAY, ESQUIRE CERTIFICATE OF REPORTER 155 7 Hill Ward & Henderson, P.A. 7 ERRATA SHEET 156 101 East Kennedy Boulevard, Suite 3700 8 Tampa, Florida 33602 8 Andrew.holway@hwhlaw.com 9 APPEARING ON BEHALF OF WEINTRAUB INSPECTIONS & 9 FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING 10 AND INSPECTIONS, INC. 10 11 11 JAYNE PITTMAN, ESQUIRE 12 Conroy Simberg 12 Two South Orange Avenue, Suite 300 13 Orlando, Florida 32801 13 Jpittman@conroysimberg.com 14 APPEARING ON BEHALF OF ADVANCED WRAPPING AND 14 CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC. 15 15 16 BARRI REISCH, ESQUIRE 16 Milber Makris Plousadis & Seiden, LLP 17 1900 Northwest Corporate Boulevard, Suite 440 17 Boca Raton, Florida 33431 18 breisch@milbermakris.com 18 APPEARING ON BEHALF OF BROWN & COMPANY 19 ARCHITECTURE, INC. 19 20 20 BRENDEN C. COLLINS, ESQUIRE 21 CHRIS RITCHIE, ESQUIRE 21 Galloway Johnson Tompkins Burr & Smith, PLC 22 400 North Ashley Drive, Suite 1000 22 Tampa, Florida 33602 23 Bcollinsl@gallowaylawfirm.com 23 APPEARING ON BEHALF OF CASEY HAWKINS 24 GLASS, INC. 24 25 25 Page 6 Page 8 1 CONTINUED APPEARANCES: 1 E X H I B I T S 2 2 FOR IDENTIFICATION PAGE NO. CHRISTINE DIFILLIPPO, ESQUIRE 3 Wright Fulford Moorhead & Brown, P.A. 3 Exhibit Number 173 11 505 Maitland Avenue, Suite 1000 (Notice of Taking Deposition) 4 Altamonte Springs, Florida 32701 4 cdifillippo@wfmblaw.com Composite Exhibit Number 174 30 5 APPEARING ON BEHALF OF WELL HUNG 5 (Documents re: Name Change) WINDOWS & DOORS, LLC 6 6 Composite Exhibit Number 175 68 (Photos) 7 JACKELINE S. RODRIGUEZ, ESQUIRE 7 Hamilton Miller & Birthisel, LLP Exhibit Number 176 79 8 150 Southeast Second Avenue, Suite 1200 8 (Mid-wall Screed) Miami, Florida 33131 9 srodriguez@hamiltonmillerlaw.com 9 Composite Exhibit Number 177 77 APPEARING ON BEHALF OF TGK STUCCO, INC. (Later Dated 1/18/21 re: Supplemental 10 10 Notice of Claim) 11 11 Exhibit Number 178 114 (ROH-EMERALD01450-010458) 12 12 Exhibit Number 179 116 13 13 (Front page of the set of plans for lots 118 to 125) 14 14 Exhibit Number 180 117 15 15 (118 - 125 Plans Building Elevation Page) 16 16 Exhibit Number 181 118 17 17 (118 - 125 Plans Miscellaneous Details Page) 18 18 Exhibit Number 182 132 19 19 (Defendant/Cross-Claim defendants, TGK Stucco, Inc.'s Notice of Serving 20 20 Standard Interrogatories) 21 21 Exhibit Numbers 183 and 184 145 (2010 Florida Residential Code, Chapter 22 22 43 Chapter 46, Referenced Standards of 23 23 the 2014 Florida Residential Code) 24 24 25 25 Min-U-Script® Legal Realtime Reporting (2) Pages 5 - 8 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 9 Page 11 1 THE COURT REPORTER: Do you swear or affirm 1 A. Fine. 2 the testimony that you are about to give will be 2 Q. And do you understand today that if I ask 3 the truth, the whole truth, and nothing but the 3 you a question and I refer to you or TGK Stucco, I'm 4 truth. 4 referring to TGK Stucco, Inc.; is that fair? 5 THE WITNESS: Yes, I do. 5 A. That's fine. 6 RONALD KLEIN, 6 Q. I'm going to share my screen with you now. 7 the deponent herein, being duly sworn under oath, was 7 Do you see this document that I've shared on my 8 examined and testified as follows: 8 screen? 9 DIRECT EXAMINATION 9 A. Yes, I do. 10 BY MS. FOLEY: 10 Q. Do you recognize this document? 11 Q. Good afternoon. Would you please state your 11 A. Just from what I've seen recently. 12 full name for the record. 12 Q. Okay. Do you see that this document says, 13 A. Ronald Gary Cline. 13 if we scroll down a little more, it says, "Notice of 14 Q. Mr. Klein, my name is Fiona Foley. I'm an 14 Taking Deposition of Defendant, Cross-Claim Defendant 15 attorney with Carlton Fields and my office represents 15 TGK Stucco, Inc's Corporate Representative." Do you 16 Royal Oak Homes in this lawsuit. I'm here today to 16 see that? 17 take your deposition. Have you ever given a 17 A. I do. 18 deposition before? 18 Q. I'm going to go ahead and mark this as 19 A. No, I have not. 19 Exhibit 173. 20 Q. So there's a couple of ground rules for 20 (Exhibit Number 173 was identified.) 21 taking a deposition -- for giving deposition 21 BY MS. FOLEY: 22 testimony, I know this is via Zoom, but you can see 22 Q. Mr. Klein, did you review this notice? 23 in the tiles that Ms. Hernandez, who just looked at 23 A. Briefly, I did, yes. 24 your identification and swore you in, she's the court 24 Q. And if I keep scrolling down here, do you 25 reporter, so as we're talking, as I'm asking 25 see that it has an Exhibit A, and if I keep Page 10 Page 12 1 questions and you are providing answers, she's typing 1 scrolling, there's an Exhibit B. Do you see both of 2 everything up that we're saying. 2 those? 3 A. That's fine. 3 A. I do. 4 Q. So it's important that we use verbal 4 Q. Did you review both those exhibits? 5 responses, any kind of shaking of the head or 5 A. I did. 6 shoulder shrugs or uh-huhs or uh-uhs, she can't take 6 Q. And do you understand that you are presented 7 that down. 7 here today as the corporate representative of TGK 8 A. I understand. 8 Stucco? 9 Q. The other thing is, because she's trying to 9 A. I do. 10 type this all up, it's important that you wait until 10 Q. And that you are speaking not in your 11 I finish asking a question before you answer it, even 11 individual capacity, but for the company TGK Stucco? 12 if you think you know where you think I'm going with 12 A. Correct. 13 it, that way it keeps a clean record of questions and 13 Q. And do you understand that your testimony 14 answers; is that fair? 14 today is binding on TGK Stucco? 15 A. That's fine, yep. 15 A. Correct. 16 Q. I don't anticipate we'll be here too long, 16 Q. And if we look at Exhibit A, there's 17 but if you need a break at any point, please let me 17 itemized numbers here, and they go 1 through 22. Are 18 know, my only request would be if there is a pending 18 you the corporate rep for all the topics listed in 19 question, you answer the question prior to asking for 19 Exhibit A, 1 through 22? 20 a break; is that okay? 20 A. Correct, yes. 21 A. That's fine. 21 Q. And, Mr. Klein, did you bring any documents 22 Q. If you don't understand a question that I've 22 with you today? 23 asked you, please let me know, and I'll try and 23 A. No, just some notes I've taken on 24 rephrase it, but if you answer the question, I will 24 recollections and that's it. 25 assume that you understood it; is that fair? 25 Q. So regarding Exhibit B to this notice, you Min-U-Script® Legal Realtime Reporting (3) Pages 9 - 12 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 13 Page 15 1 didn't bring any documents that would -- 1 A. Well, I only worked for the first company 2 A. There is no documents, the business has been 2 for probably not even a year -- probably a year, I'm 3 out of business for, I think, like six years now, so 3 really going on recollection, I really can't recall. 4 the documents are nowhere to be found. 4 And then H & H was probably a couple years and then I 5 Q. I'm going to stop sharing my screen. I want 5 actually bought a mixer and started doing 6 to talk with you a little bit now just about your 6 subcontracting work. 7 educational background and kind of your work history 7 Q. Around what time was that year? 8 if that's okay. 8 A. I'm going to guess I was probably 19 or 20 9 A. Yes. 9 at the time. 10 Q. Mr. Klein, what is your highest level of 10 Q. So when you bought that mixer and you were 11 education? 11 doing subcontractor work, when was the next time, I 12 A. High school. 12 guess, you were working for a company not as a 13 Q. And where did you graduate high school? 13 subcontractor? 14 A. Colonial High School. 14 A. It was Engle Homes, actually -- or actually, 15 Q. Is that in Orlando? 15 it was Tomkins Heritage Homes and again, that was 16 A. It is. 16 probably around when I was 19-sh. I started doing 17 Q. Do you recall what year you graduated? 17 work directly for Tomkins Heritage Homes and then, at 18 A. Not off the top of my head, 82-ish, I think. 18 that time, I did that for a couple years and I 19 Q. Do you have any educational experience after 19 actually sold that company to another gentleman that 20 high school? 20 bought a -- my company, which was basically good 21 A. No, just what I learned in the field over 21 faith of the contract I had with Tomkins Heritage 22 the years. 22 Homes. And then he bought a drywall company and a 23 Q. And so kind of going off of that, can you 23 couple other companies and I worked there for about 24 start with or explain to me your work history, 24 two years. 25 starting with when you graduated high school? 25 Q. So just to kind of go through that, you said Page 14 Page 16 1 A. I really went -- I went straight into stucco 1 when you worked for Tomkins Heritage Homes, you sold 2 when I was probably 18 years old, and that's what 2 that company? 3 I've done most of my life, actually, until I went out 3 A. Yeah, it was for, you know, it wasn't much, 4 of business six years ago. I haven't done nothing, 4 I was just a guy working out of a truck then. It was 5 so my whole life was stucco. 5 actually a gentleman that retired from IBM bought, 6 Q. Now, when you say you went straight into 6 basically, my little company, which was a truck, a 7 stucco, did work for a stucco company? 7 couple of scaffolds, a mixer, my good faith of the 8 A. I did. 8 contract I had, and he did the same thing with a 9 Q. Do you recall the name of that company? 9 small roofing guy, small drywall guy, and that's kind 10 A. Not off the top of my head, I worked there 10 of how that came about. 11 for probably eight months to a year. Actually, prior 11 Q. So after that, do you know the names of any 12 to going into stucco, I did do some concrete work for 12 other companies that you've worked for? 13 a while, when I was probably 17, I was working some 13 A. Well, after that, I worked there for a 14 on concrete. I'm trying to think of the first stucco 14 couple of years and then we started doing -- I picked 15 company, I cannot think of the name, so, no, I 15 up, obviously, other work, I was in charge of the 16 cannot. 16 stucco division. I picked up Engle Homes, KB Homes, 17 Q. And after that first job doing concrete and 17 which was, I want to say a spinoff of -- it might 18 then doing stucco work, any other stucco jobs you had 18 have been something else before KB Homes, we're 19 with companies after that? 19 talking many, many years ago. And then I left that 20 A. Then I worked for a company called H & H 20 company and went on my own. 21 Plastering. 21 Q. When you went on your own, what was the name 22 Q. What were you doing there? 22 of that company, or did you start a company? 23 A. Same thing, stucco. 23 A. That was Premier Plastering back then. 24 Q. Do you recall around what time you worked 24 Q. I'll talk to you a little bit about that in 25 for H & H Plastering? 25 a minute. Did you start Premier Plastering? Min-U-Script® Legal Realtime Reporting (4) Pages 13 - 16 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 17 Page 19 1 A. I did. 1 installation/application company? 2 Q. And then after Premier Plastering, can you 2 A. It was. 3 walk me through, kind of, your work history? 3 Q. Regarding those duties and responsibilities, 4 A. Premier Plastering was around for many, many 4 could you say, I guess, what percentage of your time 5 years and then probably the market crash, I guess 5 you acted as a project manager for Coast to Coast? 6 that was '07, things kind of got tight, obviously, 6 A. As far as in the field? 7 for a few years for many people out there. We did a 7 Q. Yes. 8 little in-house restructuring or restructuring, 8 A. I would go out in the field from time to 9 rather, I forget what year Premier was dissolved. 9 time, I had managers out there, obviously, I would 10 Again, I don't even recall what year, but that's when 10 meet with the general contractors for meetings, 11 TGK Stucco came about. 11 lunches, et cetera, and then I would obviously go out 12 Q. What was your position with Premier? 12 in the field, once or twice a week, sometimes every 13 A. I was the owner/manager. 13 couple of weeks. 14 Q. And you said when that dissolved you became 14 Q. Did any of your work with Coast to Coast 15 TGK Stucco? 15 include drafting details for the installation of 16 A. Correct. 16 stucco systems? 17 Q. Do you recall what year that was? 17 A. Say again? 18 A. Not off the top of my head, no. I think 18 Q. Did any of your work with Coast to Coast 19 Premier was dissolved around '11 or '12, around 19 include drafting details for the installation of 20 there. 20 stucco systems? 21 Q. And then you went on to work at TGK Stucco? 21 A. Everything we did was per county code and 22 A. Correct. 22 the general contractor. 23 Q. Can you keep walking me through your work 23 Q. What about installing stucco systems, was 24 history? 24 that part of your job with Coast to Coast? 25 A. That's it. Then TGK went on to, I want to 25 A. As far as drafting things or just doing it? Page 18 Page 20 1 say 2017, I think. 1 Q. Just doing it. 2 Q. Anything after that? 2 A. Of course, yeah, we would do the lath work 3 A. Then we did a little more -- I brought in my 3 and the stucco, that would be part of the stucco 4 son, it was probably 2016, '17, I brought in my son, 4 industry trade. 5 restructured again, went into Coast to Coast, which 5 Q. How long would you say you have been in the 6 was just for a couple of years and that was that. 6 construction industry? 7 Q. Coast to Coast? 7 A. My whole life. 8 A. Stucco, yes. 8 Q. And based on everything we've discussed so 9 Q. Did you say that was around 2016 or 2017? 9 far, since high school, have we kind of gone over 10 A. Roughly, yeah. 10 everything in your work history up until now? 11 Q. So after Coast to Coast, did you form 11 A. That's pretty much it, yeah, stucco has been 12 anything else? 12 pretty much my whole life, yeah. 13 A. That was it, no, actually, I had some health 13 Q. Do you hold any licenses in any field of 14 issues, went through a long, drawn out divorce, and 14 building construction? 15 that's where I'm at now. 15 A. No. 16 Q. Are you currently employed? 16 Q. Are you certified by any manufacturer as an 17 A. I'm not. 17 approved stucco installer? 18 Q. What was your position at Coast to Coast? 18 A. There is no certification. I mean, I was 19 A. Same thing, manager/owner. 19 certified through EIFS systems, at one point, which 20 Q. What would your responsibilities and duties 20 is not stucco, that's an exterior insulated finish 21 entail as the managing owner or manager/owner? 21 system. At one point, we were certified through 22 A. Obviously, estimating, budgets, overseeing 22 Tyvek, which is an underlayment wrap, but in stucco, 23 management, and pretty much, you know, owner-type 23 there really is no certifications. 24 things. 24 Q. Regarding your experience with stucco 25 Q. Was Coast to Coast a stucco 25 installation and application, could you tell me, I Min-U-Script® Legal Realtime Reporting (5) Pages 17 - 20 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 21 Page 23 1 guess, how much of your time or how much of your work 1 TGK Stucco was? 2 has been devoted to stucco installation or 2 A. Same thing, organizing, doing the bidding, 3 application on commercial property? 3 budgeting, obviously, overseeing the managers who 4 A. Commercial was very limited, it was -- we 4 were overseeing the crews. 5 did some commercial work, but it was a small 5 Q. Were you the owner or -- were you the owner 6 percentage. 6 of TGK Stucco? 7 Q. What about residential? 7 A. I was. 8 A. Residential was the primary. 8 Q. Were there any other officers? 9 Q. Other than manager, which is what we've 9 A. There was, my ex-wife was one. 10 discussed regarding your work history and your 10 Q. Can you tell me your ex-wife's name? 11 companies like Coast to Coast, did you take on any 11 A. Theresa, T-H-E-R-E-S-A. 12 other roles during any other times during your 12 Q. What was her last name? 13 employment? 13 A. Klein. 14 A. No. 14 Q. Do you know how many employees TGK Stucco 15 Q. Were you ever working as a laborer? 15 had? 16 A. No. I mean, I grew up doing stucco in my 16 A. Off the top of my head, we had -- we 17 earlier years, obviously, I was an applicator. 17 subcontracted most all the work, actually all the 18 Q. Okay. We kind of talked about that, when 18 work, so we had a couple managers and a couple office 19 you were initially out of high school, is that when 19 people, that was it, it was a very small company. 20 you were working as an applicator? 20 Actually, TGK Stucco had one manager back then and I 21 A. Probably for about, I don't know, ten years, 21 had two people in the office. 22 I guess. 22 Q. Do you recall the names of the two people in 23 Q. Regarding TGK Stucco, you indicated that you 23 the office? 24 started it after Premier Plastering; is that correct? 24 A. One was actually my mother and the other one 25 A. Correct. 25 was my ex-wife, Theresa. Page 22 Page 24 1 Q. Do you recall -- and I apologize if you 1 Q. What you mother's name? 2 answered this, but the year that TGK Stucco was 2 A. Angela. 3 formed? 3 Q. You said you had two people in the office 4 A. I can't recall off the top of my head. 4 and one manager; is that right? 5 Q. And can you tell me why exactly TGK Stucco 5 A. The manager was the gentleman out in the 6 was formed? 6 field; correct. 7 A. Really, when the market crashed -- well, one 7 Q. Do you recall the name of that person? 8 of the main reasons was there was another -- my 8 A. Terry Tibbs. 9 company was actually Premier Plastering of Central 9 Q. Did you say Tibbs, with a T? 10 Florida and there was another company called Premier 10 A. I did. 11 Plastering that I was not aware of and I started 11 Q. Is it T-I-B-A-S? 12 receiving notice to owners and invoices from various 12 A. I believe so. 13 material houses that I'd never dealt with. So the 13 Q. And what exactly was his role? 14 name was kind of getting mixed up out there a little 14 A. Management, scheduling the work, meeting 15 bit, so we did a little restructuring back then, and 15 with the builders, which I did at times as well, 16 that's when TGK came about. 16 meeting with the job superintendents for the 17 Q. Other than there being another company 17 builders, you know, if they would call and say a job 18 called Premier Plastering, was there any other reason 18 was ready, he would set up to have the material 19 for dissolving it and changing to TGK Stucco? 19 delivered and lineup the crews to go out there. 20 A. No. Other than what I told you, no. 20 Q. Do you recall the number of crews that TGK 21 Q. Can you tell me, for the record, what the 21 Stucco had? 22 business of TGK Stucco is? 22 A. We had a handful, it just depends, it wasn't 23 A. Stucco, it was just stucco application, 23 many. Just a handful, it just depends on what 24 material, and labor, turnkey. 24 workload we had at any given time. 25 Q. Can you tell me what your position within 25 Q. Do you recall any of the members of the Min-U-Script® Legal Realtime Reporting (6) Pages 21 - 24 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 25 Page 27 1 crew? 1 employees, maybe. 2 A. No, I don't. 2 Q. Do you know how many crews Premier 3 Q. Do you recall any of the supervisors of the 3 Plastering had? 4 crews? 4 A. Not off the top of my head, no. Again, they 5 A. No, I relied on my supervisor and he dealt 5 were all subcontractors. 6 with the crews in the field. 6 Q. Did you bring over any employees from 7 Q. Other than Terry Tibbs, your mother, Angela 7 Premier Plastering to TGK Stucco? 8 and your ex-wife, Theresa Klein, is there anybody 8 A. No, other than my ex and maybe Terry, I 9 else with TGK Stucco that you can recall who was 9 think, because like I said, once the company -- when 10 employed by the company? 10 the market crashed, everything kind of went away, 11 A. No, I think my son may have came on at some 11 people disappeared, it wasn't like it was everybody 12 point later, after it was first started, he did a 12 moving to a new company, there was nobody after the 13 little bit of office work, but he was in school at 13 market crashed. 14 the time, so it was more part-time than anything. 14 Q. Did any of the stucco crew members from 15 Q. What is your son's name? 15 Premier come over to TGK? 16 A. Tyler. 16 A. There might have been one at the time, but 17 Q. Last name Klein? 17 again, I would have to -- again, I don't even recall, 18 A. It is. 18 honestly. 19 Q. And you said he did some office work? 19 Q. Do you recall that person's name? 20 A. Pretty much, yeah. 20 A. I don't recall a name. 21 Q. Do you recall who the supervisors were for 21 Q. Regarding TGK Stucco, and TGK Stucco's work 22 TGK Stucco? 22 while it was still going, TGK Stucco would've been 23 A. Terry Tibbs. 23 familiar with the Florida building codes, stucco 24 Q. Anyone else? 24 installation requirements; is that right, when they 25 A. That's it, that I know of at that time, I 25 were performing work? Page 26 Page 28 1 think that's all we had back then. 1 A. Correct. 2 Q. And did TGK Stucco have any engineers? 2 Q. And TGK Stucco would've been familiar with 3 A. No engineers. 3 ASTM 926, and ASTM 1063; right? 4 Q. Did TGK Stucco have any architects? 4 A. Correct. 5 A. No. 5 Q. I want to turn now to The Villas at Emerald 6 Q. Prior to TGK Stucco being formed, you said 6 Lake project. Do you recall how TGK Stucco first 7 it was Premier Plastering of Central Florida; is that 7 became involved with this project? And when I say 8 correct? 8 project, going forward, I want you to know that I'm 9 A. Correct. 9 referring to The Villas at Emerald Lake townhome 10 Q. Did that company have any officers? 10 project in Osceola County. 11 A. Yeah, it was myself and my ex as well, 11 A. Obviously, we were awarded the job and then 12 Theresa. 12 we did the job. 13 Q. Anyone else? 13 Q. Do you know why your firm was chosen for the 14 A. Off the top of my head, I don't know, I 14 work on this project? 15 would have to look at SunBiz or something. 15 A. Because they liked me, because we did good 16 Q. Were there any directors? 16 work. 17 A. Off the top of my head, I can't recall how 17 Q. Do you recall -- when you say "they," do you 18 the lawyer had everything set up. 18 recall who they were? 19 Q. And was Premier Plastering in the business 19 A. I don't even remember because I think a 20 of stucco installation and application as well? 20 certain builder kept changing names as well, so I 21 A. Yes, it was. 21 would be real fuzzy to say what their name was at the 22 Q. Do you recall how many employees Premier 22 time. 23 Plastering had? 23 Q. At the time of this project, would you 24 A. Premier Plastering, again, it was more, 24 characterize TGK Stucco as a highly qualified and 25 probably, again, subcontracted based, maybe six 25 experienced stucco applicator and installer? Min-U-Script® Legal Realtime Reporting (7) Pages 25 - 28 Villas at Emerald Lake Homeowners Association, Inc. v. Ronald Klein Royal Oak Homes, LLC July 11, 2023 Page 29 Page 31 1 A. Absolutely. 1 A. It would be TGK Stucco. 2 Q. At the start of this project, would you 2 Q. Do you recall what person, if anyone, had 3 characterize TGK Stucco as very knowledgeable on the 3 final authority with respect to the services? 4 codes and standards that governed the stucco 4 A. That would be management and myself, and 5 installation on residential projects? 5 again, we were strictly following the general 6 A. Absolutely. 6 contractor's request and the municipality building 7 Q. And would you characterize TGK Stucco as an 7 inspectors and the third-party inspectors. 8 expert on the standards of practice and codes 8 Q. When you say management and yourself, who 9 governing the stucco installation on residential 9 are you referring to in management? 10 projects? 10 A. Terry. 11 MS. JOYCE: Objection; form. 11 Q. Do you recall what year you first began 12 MS. RODRIGUEZ: Form. 12 doing work for Royal Oak Homes? 13 BY MS. FOLEY: 13 A. I don't recall off the top of my head. 14 Q. Periodically, your attorney may object or 14 Q. I'm going to go ahead and share my screen 15 someone may object, but you can go ahead and answer. 15 with you again. Do you see my screen here? 16 A. Oh, yeah, absolutely. 16 A. I do. 17 Q. Would you agree that you were more 17 Q. I'm going to mark this as Exhibit 174. 18 knowledgeable than Royal Oak Homes when it came to 18 (Composite Exhibit Number 174 was identified.) 19 the industry standards and building code requirements 19 BY MS. FOLEY: 20 that govern the stucco installation on residential 20 Q. Do you see this line that says 4/16/13? 21 projects? 21 A. I do. 22 MS. RODRIGUEZ: Form. 22 Q. And do you see that it says, "This is a 23 MS. JOYCE: Form. 23 company name change from Premier Plastering to TGK 24 BY MS. FOLEY 24 Stucco, Inc. Ron Klein is still the general manager 25 Q. You can go ahead and answer. 25 and he will be sending W-9 and insurance Page 30 Page 32 1 A. Everything we did was per county code at the 1 certificate." 2 time and industry standards, so that's what -- 2 Do you see that? 3 that's -- if that's what the inspectors expected us 3 A. I do. 4 to do when they inspected the work, that's what we 4 MS. RODRIGUEZ: Objection to the exhibit. 5 did. 5 By MS. FOLEY: 6 Q. When you say what the inspectors had to do, 6 Q. If we continue down, it says, "Ron said that 7 who are you referring to? 7 he will be meeting with Colby about payments and who 8 A. County inspectors, municipalities and 8 gets paid what. Ron said that the name change is 9 third-party inspectors. 9 effective now, but I'm not quite sure how the payout 10 Q. Regarding this specific project at The 10 is going to work." 11 Villas at Emerald Lake, are you familiar with the 11 And then it says "Peggy" at the bottom. Do 12 scope of the undertaking? 12 you see that? 13 A. Pertaining to the work? 13 A. Yeah, but, you know, I've never seen this, 14 Q. Yes, sir. 14 so... 15 A. I don't recall off the top of my head, but 15 Q. Okay. But do you understand that this is 16 it's standard applications per ASTM. 16 indicating the name change from Premier Plastering to 17 Q. And I'm going to go over the contract and 17 TGK Stucco? 18 kind of the scope shortly, but I wanted to kind of 18 MS. RODRIGUEZ: Objection. Go ahead. 19 ask you these questions first. Do you know who at 19 A. Well, I stated Premier Plastering was 20 TGK Stucco had final authority with respect to 20 Premier Plastering, and it was changed to TGK Stucco. 21