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Filing # 139473854 E-Filed 12/01/2021 02:09:42 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE
HOMEOWNERS ASSOCIATION, INC.,
Plaintiff, CASE NO: 2020-CA-002942
vs.
ROYAL OAK HOMES, LLC, et al.,
Defendants.
ROYAL OAK HOMES, LLC,
Cross-Claimant,
VS.
ADVANCED WRAPPING AND CONCRETE
SOLUTIONS OF CENTRAL FLORIDA, INC.,
etal.,
Cross-Defendants.
WEATHERMASTER BUILDING PRODUCTS,
INC.,
Third-Party Plaintiff,
VS.
ALL GLASS INSTALLATION CORP., et al.,
Third-Party Defendants.
ALL GLASS INSTALLATION CORP.,
DEFENDANT, ALL GLASS INSTALLATION CORP.’S,
EXPERT WITNESS DISCLOSURE
COMES NOW, Defendant, ALL GLASS INSTALLATION CORP., (“ALL GLASS”),
CASE NO.: 2020-CA-002942
2 | Page
by and through its undersigned counsel, and pursuant to this Court’s Case Management Order
dated April 9, 2021, hereby files its Initial Expert Witness Disclosures as follows:
[ALL GLASS’ EXPERT WITNESS]
Terrence P. Skee
National Project Manager
Madsen, Kneppers & Associates, Inc.
550 N. Reo Street, Suite 301
Tampa, Florida 33609
Mr. Skee is a registered architect and general contractor. A copy of Mr. Skee’s
curriculum vitea, fee schedule, and deposition/trial testimony list are attached hereto as Exhibit
“A.” Mr. Skee has rendered several opinions in this matter and his opinions are contained in his
written report, a copy of which is attached hereto as Exhibit “B.”
2. Any expert witness discovered in formal discovery prior the discovery cut-off
date in this action.
3 Any and all expert witnesses listed by any other party to this action.
4 Any and all appropriate rebuttal and impeachment expert witnesses as necessary.
5 Any and all expert witnesses whose names appear in expert project files,
responses to discovery, depositions, and any other documents or pleading file in this action.
6. Defendant, ALL GLASS, reserves any and all objections to any and all expert
witnesses listed by any other party.
7 Any and all expert witnesses discovered at any point prior to trial.
8 Defendant, ALL GLASS, reserves the right to supplement its expert witness
disclosures with witnesses as they become known to it upon proper notice by other parties, and
also reserves the right to amend or supplement this list if necessary.
DATED: December], 2021
CASE NO.: 2020-CA-002942
3 | Page
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this 1st day of December, 2021, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service
by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record.
LAW OFFICE OF WILLIAM WOODS
By: /s/ William Woods
William M. Woods, Esq.
Florida Bar No.: 0093655,
100 S. Missouri Avenue, Suite 201
Clearwater, Florida 33756
Telephone: 727-799-1229 ext. 4063
Wwoods@willwoodslaw.com
AnneLM@willwoodslaw.com
Pleadings@willwoodslaw.com
Attorney for Defendant,
ALL GLASS INSTALLATION CORP
EXHIBIT A
55 So Oe
AS =
WAC SY TERENCE KEE
Se.
EXPERIENCE
Terence P. Skee is a registered architect and general contractor experienced in forensic processes
related to building damage and liability issues. He has participated in a broad range of projects
from preparing repair scope for damage to isolating causes of damage. He has provided expert
testimony on issues ranging from roofing to product liability, and from cost issues to architect and
contractor responsibility. His experience covers large- and small-scale residential, commercial and
institutional projects.
Mr. Skee’s construction consulting experience includes property damage assessments throughout
the United States, Central and South America and in the Caribbean for many types of commercial,
residential, institutional and industrial projects ranging between several thousand to over a billion
dollars in damage scope. Over the years, Mr. Skee has also been involved in many construction
litigation matters, including construction defects, wrongful termination, personal injury and
property damage disputes. He has been qualified as an expert in local, state and federal cases. His
involvement in construction litigation includes single- and multi-family residential properties,
office buildings, warehouse and educational facilities. These projects required building code
analysis, fault apportionment and repair recommendations. His experience includes negotiations,
settlement process in mediations and arbitrations, and he has been deposed and testified in trial.
As a construction Project Manager prior to joining Madsen, Kneppers & Associates, Inc., Mr. Skee
handled estimating, bidding, scheduling, owner/architect coordination, subcontractor
coordination, monthly _ billings/payments, supervision and contract disputes. Additional
responsibilities included shop drawing review of both architectural and engineering components
of projects. He also reviewed plans for architectural coordination, code compliance, impact of
deviations, changes to project schedule and cost.
Mr. Skee’s project management work included managing a variety of large projects including
multi-family rental complexes, university buildings, educational facilities and office buildings.
These projects ranged between $2 million and $12 million. His experience includes three years
working with architectural firms as a designer, project manager and full-time field representative
responsible for overseeing the construction of an elementary school and its contract compliance.
As a research assistant for two years with the Division of Planning and Zoning in Indianapolis,
Indiana, Mr. Skee worked on the Downtown Redevelopment Master Plan, planning studies and
historic preservation.
WORK HISTORY
2017 - Present National Project Manager - Madsen, Kneppers & Associates, Inc., Tampa, Florida
2008 - 2017 Regional Manager - Madsen, Kneppers & Associates, Inc., Tampa, Florida
Madsen, Kneppers & Associates, Inc.
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Construction Consultants & Engineers
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SY TERENCE KEE
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WORK HISTORY continued
1997 - 2008 Regional Manager - Madsen, Kneppers & Associates, Inc., Fort Lauderdale, Florida
1992 - 1997 Construction Consultant - Madsen, Kneppers & Associates, Inc., Fort Lauderdale,
Florida
1987 - 1992 Project Manager - Sessoms Construction Company, Inc., Hollywood, Florida
1986 - 1987 Field Representative - Frizzell Architects, Inc., Palm Beach Gardens, Florida
1985 - 1986 Project Manager - Frizzell Architects, Inc., Palm Beach Gardens, Florida
1984 - 1985 Graduate Architect - Wright Porteous & Lowe Architects, Inc., Indianapolis,
Indiana
1982 - 1984 Research Assistant - Department of Metropolitan Development, Division of
Planning and Zoning, Indianapolis, Indiana
EDUCATION
Bachelor of Architecture, Ball State University, Muncie, Indiana, 1984
Bachelor of Arts, Environmental Design, Ball State University, Muncie, Indiana, 1984
CONTINUING EDUCATION
Numerous continuing education units and certificates received through attendance at seminars,
lectures and symposiums on professional and construction related subjects.
PROFESSIONAL CERTIFICATIONS & AFFILIATIONS
National Council of Architectural Registration Boards
Masonry Association of Florida — Structural Masonry Inspector
PROFESSIONAL ARCHITECT LICENSES
Florida — 12036
Texas — 24927
GENERAL CONTRACTOR LICENSE
Florida - CGC054353 - Primary Qualifying Agent, Madsen, Kneppers & Associates, Inc.
Madsen, Kneppers & Associates, Inc.
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Construction Consultants & Engineers
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Madsen, Kneppers & Associates, Inc.
Construction Consultants & Engineers
FEE SCHEDULE
Professional Services Hourly Rate
Principals $300
Architects | Building Technology Consultants $175-275
Clerk of The Works Consultants $95-175
Construction Consultants $135-275
Construction Cost Estimators $135-275
Construction Management $135-275
Electrical Consultants | Engineers | Estimators $150-275
Engineers [Civil | Structural] $185-275
Fire & Electrical Forensic Consultants | Engineers $150-275
Geotechnical Consultants | Engineers | Geologists $135-275
Mechanical Consultants | Engineers | Estimators $175-275
Restoration Consultants | Estimators $135-275
Roofing Consultants | Estimators $175-275
Scheduling Consultants $175-275
Technical [Graphics | Analysts | Specialized IT Operations] $95-215
Support Services $85
Other Services
Deposition / Expert Witness Testimony $475/hr
(2 Hour Minimum | Travel/Wait Time at Regular Rate)
UAV Services $200/day
Matterport 3D Imagery $300/3D Space
Resistograph (Wood Decay Testing Device) $300/day
K9 Accelerant Detection Services $200/hr
Reimbursable Expenses & Sub-Contractor/Sub-Consultant Services Cost plus 10%
Automobile Use - Based Upon IRS Published Rates Cost plus 10%
Photocopying, Binding and Digital Photo Printing At MKA Cost
evised May 11, 2020
a.
TERENCE P. SKEE
International, Inc. Trial and Testimony History
nation nv f ngies
TRIAL TESTIMONY
DATE PROJECT NAME CLIENT SUBJECT CIRCUIT COURT CASE NO.
VJohn Kozak, Esq,, Cole, Scott & ‘T0th Judicial Circuit, Polk
‘8/17/2016 Williamsburg HOA vs. Hillary Fenner Kissane P.A, County, FL [2013-CA-004839
{Jan Durrani, Fsq., Wicker Smith th Judicial Circuit, Orange
11/26/2018 ‘Tracy Watson v. Red Lobster (O'Hara McCoy & Ford P.A. |Constrution Defect County, FL, 12013-CA-004631-0,
‘Raychel Garvia, Fsq., Wicker Smith 9th Judicial Circuit, Orange
1/15/2019 Spagnola v. 7-Eleven O'Hara McCoy & Ford P.A. |Construction Defect County, FL, [2016-CA-005158-0_
10/11/2021 1of
TERENCE P. SKEE
International, Inc. Trial and Testimony History
nation nv f ngies
DEPOSITION TESTIMONY
DATE PROJECT NAME ‘CLIENT SUBJECT CIRCUIT COURT CASE NO.
‘William Woods, Cole, Scott & US District Court of Florida
7/4 - 7/15/2016 UDR vs. Zaremba Kissane PA |Construction Defect ‘Tampa Division [$:12-CV-2462-T-35-AEP.
John Kozak, Esq, Cole, Scott & (Cireuit Court, Circuit Civil Div,
18/7/2016 Williamsburg HOA vs. Hillary Fenner Kissane P.A, Property Damage Polk County, FL. 13-CA-4839
|Construction Defect - TithJu 1 Circuit Court,
4/4/2017 Wind Condominum Assoc vs. RC Aluminum ‘Spencer Mallard, Esq., Lydecker Diaz Windows [Miami-Dade County, FL, 1331787 CA 21
‘Watson vs. Florida SE, Inc, dba Red Lobster, et Jan Durrani, Esq., Wicker, Smith, 9th Judicial Circuit
10/9/2017 al. (OHara, McCoy & Ford, P.A. |Construction Defect (Orange County, FL 12013-CA-004631-0 (Div. 39)
David Henry, Fsq., Morgan & 1th Judicial Circuit, Polk
10/17/2017 ‘Trenchard vs. May, Garden Villas, etal. ‘Morgan |Construction Defect County, FL. [2017-CA-D00017
‘Cristina Pierson, Esquire, Galloway, ‘2th Judicial Circuit
10/25/2017 Zurich a/s/o Comfort Cove v. Climatic, et al. Johnson, Tompkins, Burr & Smith |Construction Defect Manatee County, Fl. [2017-CA-003810-AX
ith Judicial Circuit,
3/2/2018 Vizcayne North v. RC Aluminum, et al. ‘Starkey DeSoto, Lydecker Diaz |Construction Defect [Miami-Dade County, FI. [2016-28908-CA-01
(Barry Ansbacher, Esq. Koeller, 7th Judicial Circuit
6/19/2018 (Old Town Villages v. Portofino |Nebeker, Carlson & Haluck, LLP |Construction Defect Sst. John’s County, FL |CA15-1288 (Div. 55)
‘Brian Guppenberger, Fsq., Wicker ‘T0th Judicial Circuit, Polk
16/20/2018 Bahama Bay vs Interplan and Bobby T ‘Smith O'Hara McCoy & Ford P.A. |Construction Defect County, FI, I2015CA-3362
Gardens South Bay, Ltd. V. Alliance ‘Leo Meirose, Jr., Meitose & 13th Judicial Circuit
19/9/2018 Construction, LLC |Associates, PA. |Construction Defect Hillsborough County, FL. 13-CA-14345,
‘Wesley Reeder, Fsquire, Emmanuel ‘st Judicial Circuit
10/26/2018 ‘Martin v. Chi-Mar Construction, LLC et al, ‘Sheppard Condon |Construction Defect Okaloosa County, FI. 12017-CA-002680 F
[Brian McKell, Mound, Cotton, ‘Lith Judicial Circuit
12/19/2018 Pines of Oakland v. Sailappan Wollan & Greengrass |Construction Defects Broward County, FL. |CACE-16-14678
‘Brooks Saible, Baumann, Gant, & th Judicial Circuit
2/4/2019 Visconti West v. Bainbridge Construction Keeley, P.A. |Construction Defects (Orange County, FL [2015-CA-01481-0
KB Home Tampa LLG, etal. v. A&D Plus 12th Judicial Circuit
16/4/2019 Construction Services, Inc,, et al. ‘Spencer Mallard, Esq, Lydecker Diaz |Construction Defects Manatee County, FL [2013-CA-002679
15th Judicial Circuit
7/0/2019 2700 North Ocean vs. Singer Island, ‘Spencer Mallard, Esq., Lydecker Diaz |Construction Defects Palm Beach County, FL. [50-2014-CA-010718-XXXX-MB(AI)
15th Judicial Circuit
7/12/2019 2700 North Ocean vs. Singer Island fi |Construction Defects Palm Beach County, FL. [50-2014-CA-O10718-XXXX-MB(AD)
10/11/2021 2oft
TERENCE P. SKEE
International, Inc. Trial and Testimony History
nation nv f ngies
DEPOSITION TESTIMONY
DATE PROJECT NAME ‘CLIENT SUBJECT CIRCUIT COURT CASE NO.
‘Valdivia v. Universal Insurance Company of ‘Kathryn Oughton, Esq., Boyd & {Ath Judicial Circuit Court DuVal
'8/8/2019 ‘North America Jenerette P.A. |Construction Defect County, FL (2017-CA-6373
TJenifer Lulgjuraj, Cole, Scott &
‘8/21 - 8/22/2019 Patterson v. John Richards Custom Homes Kissane P.A, |Construction Defect 15th Judicial Circuit Court 18-CA-2264
‘Barry Ansbacher, Fsq., Koeller, 7éh Judicial Circuit
11/22/2019 Old Town Villages v, Portofino 'Nebeker, Carlson & Haluck, LLP |Construction Defect St. John’s County, FL |CA15-1288 (Div. 55)
2/10/20 2700 North Ocean vs. Singer Island, ‘Spencer Mallard, Esq., Lydecker Diaz |Construction Defects 15thJu ial Circuit [50-2014-CA-010718-XXXX-MB(AI)
‘Regalia On The Ocean Condominium, IRyan Charison, Fsq., Cole, Scott& 11th Judicial Circuit Court,
14/20/20 ‘Association v Regalia Beach Developers LLC Kissane P.A. |Construction Defect Mi Dade County, FL. [2018-037591-CA-01
Tan Gillan, Fsq., Koeller, Nebeker,
19/16/20 Oyola, Saul v. D.R. Horton, Ine. |Carlson & Haluck, LLP |Construction Defects Osceola County INA,
Iexander Martin, Law Oifices oF
12/21/20 ‘South Orlando-FCA v. Comerstone Drywall [Amy L. Warpinski |Construction Defects (Osceola County 2018-CA-001106
(Georgetown Homeowners Association, Ine. V. ‘Sandra Kennedy, Law Office oF
Willis Contractors, LLC v. JD Plastering, Sonya S. Wesner-Nationwicle Trial 4th Judicial Circuit Court DuVal
(2/2/21 Services, LLC Division |Construction Defects County, FL. 16-2016-CA-003455
‘Autumn Glen Townhome Owner Assoc. & VJustin Leise, Esq. Koeller, Nebeker, ‘Rh Judicial Circuit Court Clay
(3/18 - 3/19/2021 John Gash v. D.R. Horton Ine, - JAX \Carlson é& Haluck, LLP |Construction Defects County, FL. 2014-CA-1118
Jerry Biondi, Baumann, Gant & Tith Judicial Circuit Court,
6/4/21 Christian Berdouare v. Forever Pools Keeley, P.A. |Construction Defects [Miami-Dade County, FI 12016-3905 CA 44
‘The Aerial Companies v. Joanne N. Giddens v. ‘Brooke Beebe, Cole, Scott & Kissane 20th Judicial Circuit Court Collier
6/29/21 Craig Kobza PA. |Construction Defects County, FL. N/A,
Oasis Tower One Condo Assoc. v. RC 12th Judicial Circuit Court
718/21 ‘Aluminum Industries 'Nicholas Conton, Lydecker Diaz |Construction Defects [Lee County, FL [2017-CA-000812
Jefferson Green at Anthem Park Town homes VJosh Grosshans, Esq., The Grosshans (6th Judicial Circuit Court Pinellas
75/21 v.D.R Horton, Ine. Group, PLLC |Construction Defects County, FL INA,
10/11/2021 3 of
TERENCE P. SKEE
International, Inc. Trial and Testimony History
nation nv f ngies
ARBITRATION
DATE PROJECT NAME SUBJECT CIRCUIT COURT CASE NO.
Tan Gillan Esq., Koeller, Nebeker,
(3/17/2017 Ayala, William Jr. vs. DR Horton \Carlson é& Haluck, LLP |Construction Defects (Osceola County, PL. (Chapter 40
MEDIATION
DATE PROJECT NAME CLIENT SUBJECT ‘CIRCUIT COURT CASE NO.
TGR Take Sawyer
- Pulte Homes John Dannecker, Shuts & Bowen [Construction Defect stucco T properties, Orange County, FL [NTA
an Gillan, Fsq., Koeller, Nebeker, th Judicial Circuit, Duval
V14/2016 Windsor Falls Condominium Association (Carlson, Haluck |Construction Defect County, FI, [16-2014-CA-004943
15th Judicial Circuit, Palm Beach
‘8/16/2016 2700 North Ocean vs. Singer Island ‘Spencer Mallard, Esq,, Lydecker Diaz |Construction Defect County, FL. |50-2014-CA-010718-XXXX-MB
‘Randy Bolinger, Wicker, Smith, ‘Sth Judicial Circuit
10/16/2016 Sir Vac & Sew (O'Hara, McCoy & Ford, P.A. |Construction Defect ‘Seminole County, FL. [2014-CA-003078
Denise Cespedles, Esq., Baumann, ‘3th Judicial Circuit Court,
11/30/2016 ‘Towers of Channelside vs. Batson Cook, etal. (Gant, & Keeley, P.A. |Construction Defect Hillsborough County, FL. 13-CA-005-234
Tan Gillan, Fsq., Koeller, Nebeker, th Judicial Grreuit, Duval
12/13 12/14/2016 Windsor Falls Condominium Association Carlson, Haluck |Construction Defect County, FL. 16-2014-CA-004943
Tan Gillan, Fsq,, Koeller, Nebeker, th Judicial Circuit, Duval
1/12/2017 Windsor Falls Condominium Association Carlson, Haluck |Construction Defect County, FI, [16-2014-CA-004943
lan Gillan, Esq., Koeller, Nebeker, 13th Judicial Circuit Court
2/17/2017 Pucciarelli vs. DR Horton (Carlson, Haluck |Construction Defect Hillsborough County, FL. {o1-16-0002-8825
Tan Gillan, Fsq., Koeller, Nebeker, ih Judicial Gireuit, Duval
(3/22/2017 Windsor Falls Condominium Assoc ion (Carlson, Haluck |Construction Defect County, FL, '16-2014-CA-004943
‘Denise Cespedes, Fsq., Baumann, ‘3th Judicial Circuit Court
16/22/2017 ‘Towers of Channelside v. Batson Cook, et al. (Gant, & Keeley, P.A. |Construction Defect Hillsborough County, FL. |13-CA-005-234
Wesley Reeder, Fsq., Fmmanuel ‘Ist Judicial Circuit
12/13/2018 ‘Martin v. Chi-Mar Construction, LLC et al. ‘Sheppard Condon |Construction Defect Okaloosa County, FL. [2017 CA 002680 F
[Jennifer Lulgjuraj, Cole, Scott & 3th Judicial Circuit Court,
19/6/2019 Patterson v. John Richards Custom Homes Kissane P.A. |Construction Defect Hillsborough County, FL 18-CA-2264
‘Ryan Charison, Fsq., Cole, Scott & ‘17th Judicial Circuit Court,
19/18/2019 Roos v. Progressive Plastering, Inc. et al Kissane P.A. |Construction Defect Broward County, FL. 12017-CA-007006
Fred Vahlsing and Barbara Vahlsing v. Porter
Van Arsdale Construction, Inc,, and D. [Brooke Beebe, Cole, Scott & Kissane 20th Judicial Circuit Court Collier
11/24/2020 George & Sons Construction, Ine. PA. |Construction Defect County, FL, '2019-CA-1922
‘Michael Crew, Esq., Southern Legal, ‘Ist Judicial Circuit, Walton
16/15/2021 Costa Blanca Condominium Association, Inc. P.A. |Construction Defect County, FL INA,
‘1900 Ninety Fight Owners Association, Ine, v. ‘st Judicial Circuit, Okaloosa
(8/31/2021 Southern Building é& Development, Inc. Butler Weihmuller Katz Craig LLP |Construction Defect County, FL. 12020-CA-000551
10/11/2021 4 of
EXHIBIT B
International, Inc.
Construction Consultants & Engineers
PRELIMINARY REPORT OF FINDINGS
Villas at Emerald Lake Homeowners Association, Inc.
Vv.
All Glass Installation Corp.
OSCEOLA COUNTY, FLORIDA
CASE NO. 2020-CA-002942
MKA PROJECT NO. 2021.3759
December 1, 2021
Prepared for:
William Woods, Esquire
THE LAW OFFICE OF WILLIAM WOODS
100 South Missouri Ave. Suite 201
Clearwater, FL 33756
(727) 799-1229
Prepared by:
Mr. Terence P. Skee
MKA INTERNATIONAL, INC.
550 North Reo Street, Suite 303
Tampa, Florida 33609
(813) 288-8881
Florida Contractors License No. CGC054353
Copyright 2021. Unauthorized reproduction of this report is prohibited.
If additional copies are required, please contact MKA International, Inc.
ATLANTA : AUSTIN : Boise =: CHICAGO : COLUMBUS ©: DALLAS : DENVER : HOUSTON : Las Veaae : Los ANGELES : MIAMI : NEW ORLEANG : ORLANDO
PENSACOLA © PHOENIX : PORTLAND : PRINCETON : SACRAMENTO ©: SAN DIEGO : SAN FRANCIOCO : SEATTLE : SPOKANE =: TAMPA : WASHINGTON,DC
an
TABLE OF CONTENTS
I CAVEAT
IL INTRODUCTION
Tl. BACKGROUND
IV, THE PROJECT
ALLEGED DEFICIENCIES
VI DISCUSSION
Vi. SUMMARY
MKA International, Inc. December 1, 2021
MKA Project No. 2021.3759
I CAVEAT
This report has been prepared for The Law Office of William Woods as per the assignment in our
letter of engagement and can be distributed as they deem fit.
The findings in this report are limited to the information provided and our visual observations.
These opinions are limited by the failure of the property owners and/or their representatives to
identify specific locations of claimed defects and the scope and cause of any of the alleged
deficiencies or damage that may have resulted there from. If any additional information is
provided to MKA International, Inc. (MKA) after the issuance of this report, we reserve the
right to review such information and, if necessary, modify our findings accordingly. No
warranty, either expressed or implied, is given about the general or specific condition of the
property as it affects the owner or prospective future owner.
Reliance upon information, observations or findings contained in this report should not be
made by any party except the intended recipients.
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Villas at Emerald Lake MKA Project No.: 2021.3759
Il. INTRODUCTION
MKA International, Inc., (MKA) was retained by The Law Office of William Woods to conduct an
analysis of alleged defects and provide opinions regarding the residential townhome buildings
known as Villas at Emerald Lake (Villas) Community located in Osceola County, Florida.
Specifically, our analysis was performed to address allegations that include construction
defects, workmanship issues, and code violations with respect to work that was performed
under contract with All Glass Installation Corp. (All Glass). All Glass reportedly provided
windows and Sliding Glass Door Installations on eight units at one building within the
community.
The following report, which addresses these alleged defects, is based on exterior site visit and
photographs taken by Terence Skee on December 1, 2021, and review of documents including,
but not necessarily limited to:
e@ Docs Revd as of 11-11-21
From Felix Martin Deposition - 2003 MI Install Instruct
From Felix Martin Deposition - 2011Tyvek
From Felix Martin Deposition - 2012Tyvek
From Felix Martin Deposition - 2017 MI-Window-Installation
From Felix Martin Deposition - MI Windows SH_S
Marcon Full Report Villas@EmeraldLake200428
Weathermaster Expert Disclosure
e 2020.12.29 Summons and Complaint All Glass Installation (1) Copy of Cypress Trace
Addresses
e Docs Revd as of 11-16-21
Project plans - Building department records
Contract - Royal Oak and Weathermasters
Index of documents - 11.16.21
Project invoicing - part 1
Project invoicing - part 2
Project invoicing - part 3
Subcontract from Weathermaster's Third-Party Complaint - Weathermaster and
All Glass
Weathermaster Building Products, Inc. - Standard Subcontractor Agreement with
All Glass (full)
Weathermaster's payment records from Third-Party Complaint
Weathermaster's Third-Party Complaint
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Villas at Emerald Lake MKA Project No.: 2021.3759
Il. INTRODUCTION (cont.)
e Advanced Wrapping contract
e Villas at Emerald - Email from attorney
e Weathermaster Contract
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Villas at Emerald Lake MKA Project No.: 2021.3759
IIL. BACKGROUND
The scope of the MKA preliminary report corresponds to select issues as to the claims identified
in the Marcon Forensics LLC, (Marcon) report dated April 28, 2020 and the RHBj Consulting,
LLC, (RHBj) report dated September 29, 2021 regarding allegations of deficiencies in or arising
out of window conditions as prepared for Villas at Emerald Lake Homeowners Association, Inc
in Florida dated April 28, 2020.
Destructive testing from a limited number of the buildings was performed by Marcon on
January 8, 9 and 10, of 2020. MKA personnel were not present for the destructive testing.
Per the Marcon report, the following buildings were destructively tested:
Address l Types of DT l Location ID l Note
Royal Oak Homes (ROH)
2826 Tanzanite Terr (Control Joint (Cut 401
2851 Sunstone Dr. Window Cut 314
Window (M) (Cut 405
2863 Sunstone Dr. Roof/Diverter Cut 313
12869 Sunstone Dr. indow Cut 210
2879 Sunstone Dr. indow Test Cut 212
indow Cut 214 same window as 212
Window Test (Cut 213
Window (Cut 215 same window as 213
12883 Sunstone Dr. Window (M) Cut 211
12887 Sunstone Dr. Dryer Vent Cut 311
Structural (Cut 312 same loc. as 311
12889 Sunstone Dr. Window (M) (Cut 209
Roof (Cut 308
2890 Tanzanite Terr. Window (M) Cut 408
2906 Tanzanite Terr. (CJ/Transition (Cut 205
Window (M) (Cut 409
2911 Sunstone Dr. Wall (Cut 404
2914 Tanzanite Terr. Wall (Cut 204
2919 Sunstone Dr. Wall (Cut 403
2922 Tanzanite Terr. (CJ/Transition Cut 305
Structural Cut 306 same loc. as 305
2925 Sunstone Dr. Roof (Cut 307
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Villas at Emerald Lake MKA Project No.: 2021.3759
Il. BACKGROUND (cont.)
2927 Sunstone Dr. indow Test (Cut 206
indow (Cut 207 same window as 206
(Control Joint Cut 208
2929 Sunstone Dr. Dryer Vent (Cut 402
2930 Tanzanite Terr. Window Test (Cut 201
Window (Cut 304 same window as 201
Roof/Diverter (Cut 301
2934 Tanzanite Terr. Window Test (M) (Cut 202
Window (M) (Cut 203 same window as 202
2952 Tanzanite Terr. Roof/Diverter (Cut 302
The Dimillo Group(TDG)
2860 Tanzanite Terr. Roof (Cut 309
2864 Tanzanite Terr. Dryer Vent Cut 315
Structural Cut 316 same loc. as 315
Window (M) (Cut 406
2866 Tanzanite Terr. Window Cut 321
indow (M) (Cut 407
2868 Tanzanite Terr. Roof (Cut 310
2872 Tanzanite Terr. Dryer Vent (Cut 317
Structural Cut 318 same loc. as 317
Wall (Cut 319
Roof Cut 320
MKA General Commentary
Marcon was on site for three (3) days and performed 34 test cuts at the Royal Oaks Homes
Buildings and 11 test cuts on The Dimmillo Group Buildings. The buildings were built under
the 2010 and 2014 versions of the Florida Building Code, by two different developers.
A review of the documents indicates that All Glass may have provided windows and sliding
glass door installation services at lots 162 to 169 in one building of the community. These
correspond to addresses 2851, 2853, 2855, 2857, 2859, 2861, 2863 and 2865 Sunstone Drive. Based
on the information provided, Marcon tested two (2) windows on the building where All Glass
may have provided windows and sliding glass door installation. At the one window tested by
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Villas at Emerald Lake MKA Project No.: 2021.3759
Il. BACKGROUND (cont.)
Marcon on the second floor framed wall, no evidence of damage to underlying materials was
identified.
The scope of the Marcon testing is not consistent with scientific methodology to reliably
determine the condition of the window systems and extrapolate from the miniscule amount of
data available to determine a scope of repair. The test data is heavily biased towards
discovering underlying damage where their testing was performed.
Marcon fails to provide or indicate the basis for the locations tested. Marcon further fails to
account for the multiple developers and trade entities that produced the subject buildings.
Given these conditions, Marcon has failed to properly establish a foundation from which to
extrapolate beyond the actual locations tested.
There is no evidence in the Marcon investigations and/or reports, or any of the referenced
documents provided, that the alleged work performed by All Glass on these buildings caused
or contributed to water intrusion into interior spaces or caused any other deficiency or resulting
damage.
MKA International, Ine. Page
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Villas at Emerald Lake MKA Project No.: 2021.3759
Iv. THE PROJECT
Villas at Emerald Lake Townhome community is located South of the city of Kissimmee in
Osceola County, Florida, the nearest main intersection is South Poinciana Boulevard and Lizzia
Brown Road. The community is made up of twelve (12) townhome buildings with a total of
eighty- eight (88) units. The 12 townhome buildings are made up of two (2) four-unit and ten
(10) 8-unit buildings.
The construction of the building(s) generally consists of the following:
e The townhome buildings are 2-story with exterior cement stucco cladding.
The buildings are constructed on concrete slab foundations.
The first floor walls are CMU and the second floor walls are wood frame construction
All buildings generally have asphalt shingle roofs over wood sheathing over
manufactured wood trusses.
MKA International, Ine. Page
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Villas at Emerald Lake MKA Project No.: 2021.3759
Vv. ALLEGED DEFICIENCIES
The following includes the information taken directly from the Marcon report and RJBj rebuttal
report regarding specifically alleged deficiencies or problems with the buildings. Only portions
of the text from the Marcon and RJBj rebuttal report that are considered relevant to the MKA
analysis of work performed by All Glass are duplicated in the following section of this report.
The Marcon observation/claim is indicated in italics followed by the MKA Response.
MKA General Commentary
In spite of the ages of the windows, tropical storms and other high wind events occurring in
these time frames, the windows are intact with no evidence of systemic failures or water
intrusion. The actual performance of the windows and other building components over this
time frame indicates that deficiencies and/or code violations indicated by Marcon have been
Preview
Filing # 139473854 E-Filed 12/01/2021 02:09:42 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., Plaintiff, CASE NO: 2020-CA-002942 vs. ROYAL OAK HOMES, LLC, et al., Defendants. ROYAL OAK HOMES, LLC, Cross-Claimant, VS. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., etal., Cross-Defendants. WEATHERMASTER BUILDING PRODUCTS, INC., Third-Party Plaintiff, VS. ALL GLASS INSTALLATION CORP., et al., Third-Party Defendants. ALL GLASS INSTALLATION CORP., DEFENDANT, ALL GLASS INSTALLATION CORP.’S, EXPERT WITNESS DISCLOSURE COMES NOW, Defendant, ALL GLASS INSTALLATION CORP., (“ALL GLASS”), CASE NO.: 2020-CA-002942 2 | Page by and through its undersigned counsel, and pursuant to this Court’s Case Management Order dated April 9, 2021, hereby files its Initial Expert Witness Disclosures as follows: [ALL GLASS’ EXPERT WITNESS] Terrence P. Skee National Project Manager Madsen, Kneppers & Associates, Inc. 550 N. Reo Street, Suite 301 Tampa, Florida 33609 Mr. Skee is a registered architect and general contractor. A copy of Mr. Skee’s curriculum vitea, fee schedule, and deposition/trial testimony list are attached hereto as Exhibit “A.” Mr. Skee has rendered several opinions in this matter and his opinions are contained in his written report, a copy of which is attached hereto as Exhibit “B.” 2. Any expert witness discovered in formal discovery prior the discovery cut-off date in this action. 3 Any and all expert witnesses listed by any other party to this action. 4 Any and all appropriate rebuttal and impeachment expert witnesses as necessary. 5 Any and all expert witnesses whose names appear in expert project files, responses to discovery, depositions, and any other documents or pleading file in this action. 6. Defendant, ALL GLASS, reserves any and all objections to any and all expert witnesses listed by any other party. 7 Any and all expert witnesses discovered at any point prior to trial. 8 Defendant, ALL GLASS, reserves the right to supplement its expert witness disclosures with witnesses as they become known to it upon proper notice by other parties, and also reserves the right to amend or supplement this list if necessary. DATED: December], 2021 CASE NO.: 2020-CA-002942 3 | Page CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 1st day of December, 2021, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record. LAW OFFICE OF WILLIAM WOODS By: /s/ William Woods William M. Woods, Esq. Florida Bar No.: 0093655, 100 S. Missouri Avenue, Suite 201 Clearwater, Florida 33756 Telephone: 727-799-1229 ext. 4063 Wwoods@willwoodslaw.com AnneLM@willwoodslaw.com Pleadings@willwoodslaw.com Attorney for Defendant, ALL GLASS INSTALLATION CORP EXHIBIT A 55 So Oe AS = WAC SY TERENCE KEE Se. EXPERIENCE Terence P. Skee is a registered architect and general contractor experienced in forensic processes related to building damage and liability issues. He has participated in a broad range of projects from preparing repair scope for damage to isolating causes of damage. He has provided expert testimony on issues ranging from roofing to product liability, and from cost issues to architect and contractor responsibility. His experience covers large- and small-scale residential, commercial and institutional projects. Mr. Skee’s construction consulting experience includes property damage assessments throughout the United States, Central and South America and in the Caribbean for many types of commercial, residential, institutional and industrial projects ranging between several thousand to over a billion dollars in damage scope. Over the years, Mr. Skee has also been involved in many construction litigation matters, including construction defects, wrongful termination, personal injury and property damage disputes. He has been qualified as an expert in local, state and federal cases. His involvement in construction litigation includes single- and multi-family residential properties, office buildings, warehouse and educational facilities. These projects required building code analysis, fault apportionment and repair recommendations. His experience includes negotiations, settlement process in mediations and arbitrations, and he has been deposed and testified in trial. As a construction Project Manager prior to joining Madsen, Kneppers & Associates, Inc., Mr. Skee handled estimating, bidding, scheduling, owner/architect coordination, subcontractor coordination, monthly _ billings/payments, supervision and contract disputes. Additional responsibilities included shop drawing review of both architectural and engineering components of projects. He also reviewed plans for architectural coordination, code compliance, impact of deviations, changes to project schedule and cost. Mr. Skee’s project management work included managing a variety of large projects including multi-family rental complexes, university buildings, educational facilities and office buildings. These projects ranged between $2 million and $12 million. His experience includes three years working with architectural firms as a designer, project manager and full-time field representative responsible for overseeing the construction of an elementary school and its contract compliance. As a research assistant for two years with the Division of Planning and Zoning in Indianapolis, Indiana, Mr. Skee worked on the Downtown Redevelopment Master Plan, planning studies and historic preservation. WORK HISTORY 2017 - Present National Project Manager - Madsen, Kneppers & Associates, Inc., Tampa, Florida 2008 - 2017 Regional Manager - Madsen, Kneppers & Associates, Inc., Tampa, Florida Madsen, Kneppers & Associates, Inc. aR Construction Consultants & Engineers f-Tele m=)" a) ot. a SAAN ALS UL ometel i Pe | Sas a ji AS \\ SY TERENCE KEE fone Se. WORK HISTORY continued 1997 - 2008 Regional Manager - Madsen, Kneppers & Associates, Inc., Fort Lauderdale, Florida 1992 - 1997 Construction Consultant - Madsen, Kneppers & Associates, Inc., Fort Lauderdale, Florida 1987 - 1992 Project Manager - Sessoms Construction Company, Inc., Hollywood, Florida 1986 - 1987 Field Representative - Frizzell Architects, Inc., Palm Beach Gardens, Florida 1985 - 1986 Project Manager - Frizzell Architects, Inc., Palm Beach Gardens, Florida 1984 - 1985 Graduate Architect - Wright Porteous & Lowe Architects, Inc., Indianapolis, Indiana 1982 - 1984 Research Assistant - Department of Metropolitan Development, Division of Planning and Zoning, Indianapolis, Indiana EDUCATION Bachelor of Architecture, Ball State University, Muncie, Indiana, 1984 Bachelor of Arts, Environmental Design, Ball State University, Muncie, Indiana, 1984 CONTINUING EDUCATION Numerous continuing education units and certificates received through attendance at seminars, lectures and symposiums on professional and construction related subjects. PROFESSIONAL CERTIFICATIONS & AFFILIATIONS National Council of Architectural Registration Boards Masonry Association of Florida — Structural Masonry Inspector PROFESSIONAL ARCHITECT LICENSES Florida — 12036 Texas — 24927 GENERAL CONTRACTOR LICENSE Florida - CGC054353 - Primary Qualifying Agent, Madsen, Kneppers & Associates, Inc. Madsen, Kneppers & Associates, Inc. aR Construction Consultants & Engineers f-Tele m=)" a) ot. a SAAN ALS UL ometel i Madsen, Kneppers & Associates, Inc. Construction Consultants & Engineers FEE SCHEDULE Professional Services Hourly Rate Principals $300 Architects | Building Technology Consultants $175-275 Clerk of The Works Consultants $95-175 Construction Consultants $135-275 Construction Cost Estimators $135-275 Construction Management $135-275 Electrical Consultants | Engineers | Estimators $150-275 Engineers [Civil | Structural] $185-275 Fire & Electrical Forensic Consultants | Engineers $150-275 Geotechnical Consultants | Engineers | Geologists $135-275 Mechanical Consultants | Engineers | Estimators $175-275 Restoration Consultants | Estimators $135-275 Roofing Consultants | Estimators $175-275 Scheduling Consultants $175-275 Technical [Graphics | Analysts | Specialized IT Operations] $95-215 Support Services $85 Other Services Deposition / Expert Witness Testimony $475/hr (2 Hour Minimum | Travel/Wait Time at Regular Rate) UAV Services $200/day Matterport 3D Imagery $300/3D Space Resistograph (Wood Decay Testing Device) $300/day K9 Accelerant Detection Services $200/hr Reimbursable Expenses & Sub-Contractor/Sub-Consultant Services Cost plus 10% Automobile Use - Based Upon IRS Published Rates Cost plus 10% Photocopying, Binding and Digital Photo Printing At MKA Cost evised May 11, 2020 a. TERENCE P. SKEE International, Inc. Trial and Testimony History nation nv f ngies TRIAL TESTIMONY DATE PROJECT NAME CLIENT SUBJECT CIRCUIT COURT CASE NO. VJohn Kozak, Esq,, Cole, Scott & ‘T0th Judicial Circuit, Polk ‘8/17/2016 Williamsburg HOA vs. Hillary Fenner Kissane P.A, County, FL [2013-CA-004839 {Jan Durrani, Fsq., Wicker Smith th Judicial Circuit, Orange 11/26/2018 ‘Tracy Watson v. Red Lobster (O'Hara McCoy & Ford P.A. |Constrution Defect County, FL, 12013-CA-004631-0, ‘Raychel Garvia, Fsq., Wicker Smith 9th Judicial Circuit, Orange 1/15/2019 Spagnola v. 7-Eleven O'Hara McCoy & Ford P.A. |Construction Defect County, FL, [2016-CA-005158-0_ 10/11/2021 1of TERENCE P. SKEE International, Inc. Trial and Testimony History nation nv f ngies DEPOSITION TESTIMONY DATE PROJECT NAME ‘CLIENT SUBJECT CIRCUIT COURT CASE NO. ‘William Woods, Cole, Scott & US District Court of Florida 7/4 - 7/15/2016 UDR vs. Zaremba Kissane PA |Construction Defect ‘Tampa Division [$:12-CV-2462-T-35-AEP. John Kozak, Esq, Cole, Scott & (Cireuit Court, Circuit Civil Div, 18/7/2016 Williamsburg HOA vs. Hillary Fenner Kissane P.A, Property Damage Polk County, FL. 13-CA-4839 |Construction Defect - TithJu 1 Circuit Court, 4/4/2017 Wind Condominum Assoc vs. RC Aluminum ‘Spencer Mallard, Esq., Lydecker Diaz Windows [Miami-Dade County, FL, 1331787 CA 21 ‘Watson vs. Florida SE, Inc, dba Red Lobster, et Jan Durrani, Esq., Wicker, Smith, 9th Judicial Circuit 10/9/2017 al. (OHara, McCoy & Ford, P.A. |Construction Defect (Orange County, FL 12013-CA-004631-0 (Div. 39) David Henry, Fsq., Morgan & 1th Judicial Circuit, Polk 10/17/2017 ‘Trenchard vs. May, Garden Villas, etal. ‘Morgan |Construction Defect County, FL. [2017-CA-D00017 ‘Cristina Pierson, Esquire, Galloway, ‘2th Judicial Circuit 10/25/2017 Zurich a/s/o Comfort Cove v. Climatic, et al. Johnson, Tompkins, Burr & Smith |Construction Defect Manatee County, Fl. [2017-CA-003810-AX ith Judicial Circuit, 3/2/2018 Vizcayne North v. RC Aluminum, et al. ‘Starkey DeSoto, Lydecker Diaz |Construction Defect [Miami-Dade County, FI. [2016-28908-CA-01 (Barry Ansbacher, Esq. Koeller, 7th Judicial Circuit 6/19/2018 (Old Town Villages v. Portofino |Nebeker, Carlson & Haluck, LLP |Construction Defect Sst. John’s County, FL |CA15-1288 (Div. 55) ‘Brian Guppenberger, Fsq., Wicker ‘T0th Judicial Circuit, Polk 16/20/2018 Bahama Bay vs Interplan and Bobby T ‘Smith O'Hara McCoy & Ford P.A. |Construction Defect County, FI, I2015CA-3362 Gardens South Bay, Ltd. V. Alliance ‘Leo Meirose, Jr., Meitose & 13th Judicial Circuit 19/9/2018 Construction, LLC |Associates, PA. |Construction Defect Hillsborough County, FL. 13-CA-14345, ‘Wesley Reeder, Fsquire, Emmanuel ‘st Judicial Circuit 10/26/2018 ‘Martin v. Chi-Mar Construction, LLC et al, ‘Sheppard Condon |Construction Defect Okaloosa County, FI. 12017-CA-002680 F [Brian McKell, Mound, Cotton, ‘Lith Judicial Circuit 12/19/2018 Pines of Oakland v. Sailappan Wollan & Greengrass |Construction Defects Broward County, FL. |CACE-16-14678 ‘Brooks Saible, Baumann, Gant, & th Judicial Circuit 2/4/2019 Visconti West v. Bainbridge Construction Keeley, P.A. |Construction Defects (Orange County, FL [2015-CA-01481-0 KB Home Tampa LLG, etal. v. A&D Plus 12th Judicial Circuit 16/4/2019 Construction Services, Inc,, et al. ‘Spencer Mallard, Esq, Lydecker Diaz |Construction Defects Manatee County, FL [2013-CA-002679 15th Judicial Circuit 7/0/2019 2700 North Ocean vs. Singer Island, ‘Spencer Mallard, Esq., Lydecker Diaz |Construction Defects Palm Beach County, FL. [50-2014-CA-010718-XXXX-MB(AI) 15th Judicial Circuit 7/12/2019 2700 North Ocean vs. Singer Island fi |Construction Defects Palm Beach County, FL. [50-2014-CA-O10718-XXXX-MB(AD) 10/11/2021 2oft TERENCE P. SKEE International, Inc. Trial and Testimony History nation nv f ngies DEPOSITION TESTIMONY DATE PROJECT NAME ‘CLIENT SUBJECT CIRCUIT COURT CASE NO. ‘Valdivia v. Universal Insurance Company of ‘Kathryn Oughton, Esq., Boyd & {Ath Judicial Circuit Court DuVal '8/8/2019 ‘North America Jenerette P.A. |Construction Defect County, FL (2017-CA-6373 TJenifer Lulgjuraj, Cole, Scott & ‘8/21 - 8/22/2019 Patterson v. John Richards Custom Homes Kissane P.A, |Construction Defect 15th Judicial Circuit Court 18-CA-2264 ‘Barry Ansbacher, Fsq., Koeller, 7éh Judicial Circuit 11/22/2019 Old Town Villages v, Portofino 'Nebeker, Carlson & Haluck, LLP |Construction Defect St. John’s County, FL |CA15-1288 (Div. 55) 2/10/20 2700 North Ocean vs. Singer Island, ‘Spencer Mallard, Esq., Lydecker Diaz |Construction Defects 15thJu ial Circuit [50-2014-CA-010718-XXXX-MB(AI) ‘Regalia On The Ocean Condominium, IRyan Charison, Fsq., Cole, Scott& 11th Judicial Circuit Court, 14/20/20 ‘Association v Regalia Beach Developers LLC Kissane P.A. |Construction Defect Mi Dade County, FL. [2018-037591-CA-01 Tan Gillan, Fsq., Koeller, Nebeker, 19/16/20 Oyola, Saul v. D.R. Horton, Ine. |Carlson & Haluck, LLP |Construction Defects Osceola County INA, Iexander Martin, Law Oifices oF 12/21/20 ‘South Orlando-FCA v. Comerstone Drywall [Amy L. Warpinski |Construction Defects (Osceola County 2018-CA-001106 (Georgetown Homeowners Association, Ine. V. ‘Sandra Kennedy, Law Office oF Willis Contractors, LLC v. JD Plastering, Sonya S. Wesner-Nationwicle Trial 4th Judicial Circuit Court DuVal (2/2/21 Services, LLC Division |Construction Defects County, FL. 16-2016-CA-003455 ‘Autumn Glen Townhome Owner Assoc. & VJustin Leise, Esq. Koeller, Nebeker, ‘Rh Judicial Circuit Court Clay (3/18 - 3/19/2021 John Gash v. D.R. Horton Ine, - JAX \Carlson é& Haluck, LLP |Construction Defects County, FL. 2014-CA-1118 Jerry Biondi, Baumann, Gant & Tith Judicial Circuit Court, 6/4/21 Christian Berdouare v. Forever Pools Keeley, P.A. |Construction Defects [Miami-Dade County, FI 12016-3905 CA 44 ‘The Aerial Companies v. Joanne N. Giddens v. ‘Brooke Beebe, Cole, Scott & Kissane 20th Judicial Circuit Court Collier 6/29/21 Craig Kobza PA. |Construction Defects County, FL. N/A, Oasis Tower One Condo Assoc. v. RC 12th Judicial Circuit Court 718/21 ‘Aluminum Industries 'Nicholas Conton, Lydecker Diaz |Construction Defects [Lee County, FL [2017-CA-000812 Jefferson Green at Anthem Park Town homes VJosh Grosshans, Esq., The Grosshans (6th Judicial Circuit Court Pinellas 75/21 v.D.R Horton, Ine. Group, PLLC |Construction Defects County, FL INA, 10/11/2021 3 of TERENCE P. SKEE International, Inc. Trial and Testimony History nation nv f ngies ARBITRATION DATE PROJECT NAME SUBJECT CIRCUIT COURT CASE NO. Tan Gillan Esq., Koeller, Nebeker, (3/17/2017 Ayala, William Jr. vs. DR Horton \Carlson é& Haluck, LLP |Construction Defects (Osceola County, PL. (Chapter 40 MEDIATION DATE PROJECT NAME CLIENT SUBJECT ‘CIRCUIT COURT CASE NO. TGR Take Sawyer - Pulte Homes John Dannecker, Shuts & Bowen [Construction Defect stucco T properties, Orange County, FL [NTA an Gillan, Fsq., Koeller, Nebeker, th Judicial Circuit, Duval V14/2016 Windsor Falls Condominium Association (Carlson, Haluck |Construction Defect County, FI, [16-2014-CA-004943 15th Judicial Circuit, Palm Beach ‘8/16/2016 2700 North Ocean vs. Singer Island ‘Spencer Mallard, Esq,, Lydecker Diaz |Construction Defect County, FL. |50-2014-CA-010718-XXXX-MB ‘Randy Bolinger, Wicker, Smith, ‘Sth Judicial Circuit 10/16/2016 Sir Vac & Sew (O'Hara, McCoy & Ford, P.A. |Construction Defect ‘Seminole County, FL. [2014-CA-003078 Denise Cespedles, Esq., Baumann, ‘3th Judicial Circuit Court, 11/30/2016 ‘Towers of Channelside vs. Batson Cook, etal. (Gant, & Keeley, P.A. |Construction Defect Hillsborough County, FL. 13-CA-005-234 Tan Gillan, Fsq., Koeller, Nebeker, th Judicial Grreuit, Duval 12/13 12/14/2016 Windsor Falls Condominium Association Carlson, Haluck |Construction Defect County, FL. 16-2014-CA-004943 Tan Gillan, Fsq,, Koeller, Nebeker, th Judicial Circuit, Duval 1/12/2017 Windsor Falls Condominium Association Carlson, Haluck |Construction Defect County, FI, [16-2014-CA-004943 lan Gillan, Esq., Koeller, Nebeker, 13th Judicial Circuit Court 2/17/2017 Pucciarelli vs. DR Horton (Carlson, Haluck |Construction Defect Hillsborough County, FL. {o1-16-0002-8825 Tan Gillan, Fsq., Koeller, Nebeker, ih Judicial Gireuit, Duval (3/22/2017 Windsor Falls Condominium Assoc ion (Carlson, Haluck |Construction Defect County, FL, '16-2014-CA-004943 ‘Denise Cespedes, Fsq., Baumann, ‘3th Judicial Circuit Court 16/22/2017 ‘Towers of Channelside v. Batson Cook, et al. (Gant, & Keeley, P.A. |Construction Defect Hillsborough County, FL. |13-CA-005-234 Wesley Reeder, Fsq., Fmmanuel ‘Ist Judicial Circuit 12/13/2018 ‘Martin v. Chi-Mar Construction, LLC et al. ‘Sheppard Condon |Construction Defect Okaloosa County, FL. [2017 CA 002680 F [Jennifer Lulgjuraj, Cole, Scott & 3th Judicial Circuit Court, 19/6/2019 Patterson v. John Richards Custom Homes Kissane P.A. |Construction Defect Hillsborough County, FL 18-CA-2264 ‘Ryan Charison, Fsq., Cole, Scott & ‘17th Judicial Circuit Court, 19/18/2019 Roos v. Progressive Plastering, Inc. et al Kissane P.A. |Construction Defect Broward County, FL. 12017-CA-007006 Fred Vahlsing and Barbara Vahlsing v. Porter Van Arsdale Construction, Inc,, and D. [Brooke Beebe, Cole, Scott & Kissane 20th Judicial Circuit Court Collier 11/24/2020 George & Sons Construction, Ine. PA. |Construction Defect County, FL, '2019-CA-1922 ‘Michael Crew, Esq., Southern Legal, ‘Ist Judicial Circuit, Walton 16/15/2021 Costa Blanca Condominium Association, Inc. P.A. |Construction Defect County, FL INA, ‘1900 Ninety Fight Owners Association, Ine, v. ‘st Judicial Circuit, Okaloosa (8/31/2021 Southern Building é& Development, Inc. Butler Weihmuller Katz Craig LLP |Construction Defect County, FL. 12020-CA-000551 10/11/2021 4 of EXHIBIT B International, Inc. Construction Consultants & Engineers PRELIMINARY REPORT OF FINDINGS Villas at Emerald Lake Homeowners Association, Inc. Vv. All Glass Installation Corp. OSCEOLA COUNTY, FLORIDA CASE NO. 2020-CA-002942 MKA PROJECT NO. 2021.3759 December 1, 2021 Prepared for: William Woods, Esquire THE LAW OFFICE OF WILLIAM WOODS 100 South Missouri Ave. Suite 201 Clearwater, FL 33756 (727) 799-1229 Prepared by: Mr. Terence P. Skee MKA INTERNATIONAL, INC. 550 North Reo Street, Suite 303 Tampa, Florida 33609 (813) 288-8881 Florida Contractors License No. CGC054353 Copyright 2021. Unauthorized reproduction of this report is prohibited. If additional copies are required, please contact MKA International, Inc. ATLANTA : AUSTIN : Boise =: CHICAGO : COLUMBUS ©: DALLAS : DENVER : HOUSTON : Las Veaae : Los ANGELES : MIAMI : NEW ORLEANG : ORLANDO PENSACOLA © PHOENIX : PORTLAND : PRINCETON : SACRAMENTO ©: SAN DIEGO : SAN FRANCIOCO : SEATTLE : SPOKANE =: TAMPA : WASHINGTON,DC an TABLE OF CONTENTS I CAVEAT IL INTRODUCTION Tl. BACKGROUND IV, THE PROJECT ALLEGED DEFICIENCIES VI DISCUSSION Vi. SUMMARY MKA International, Inc. December 1, 2021 MKA Project No. 2021.3759 I CAVEAT This report has been prepared for The Law Office of William Woods as per the assignment in our letter of engagement and can be distributed as they deem fit. The findings in this report are limited to the information provided and our visual observations. These opinions are limited by the failure of the property owners and/or their representatives to identify specific locations of claimed defects and the scope and cause of any of the alleged deficiencies or damage that may have resulted there from. If any additional information is provided to MKA International, Inc. (MKA) after the issuance of this report, we reserve the right to review such information and, if necessary, modify our findings accordingly. No warranty, either expressed or implied, is given about the general or specific condition of the property as it affects the owner or prospective future owner. Reliance upon information, observations or findings contained in this report should not be made by any party except the intended recipients. MKA International, Ine. Page 1 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 Il. INTRODUCTION MKA International, Inc., (MKA) was retained by The Law Office of William Woods to conduct an analysis of alleged defects and provide opinions regarding the residential townhome buildings known as Villas at Emerald Lake (Villas) Community located in Osceola County, Florida. Specifically, our analysis was performed to address allegations that include construction defects, workmanship issues, and code violations with respect to work that was performed under contract with All Glass Installation Corp. (All Glass). All Glass reportedly provided windows and Sliding Glass Door Installations on eight units at one building within the community. The following report, which addresses these alleged defects, is based on exterior site visit and photographs taken by Terence Skee on December 1, 2021, and review of documents including, but not necessarily limited to: e@ Docs Revd as of 11-11-21 From Felix Martin Deposition - 2003 MI Install Instruct From Felix Martin Deposition - 2011Tyvek From Felix Martin Deposition - 2012Tyvek From Felix Martin Deposition - 2017 MI-Window-Installation From Felix Martin Deposition - MI Windows SH_S Marcon Full Report Villas@EmeraldLake200428 Weathermaster Expert Disclosure e 2020.12.29 Summons and Complaint All Glass Installation (1) Copy of Cypress Trace Addresses e Docs Revd as of 11-16-21 Project plans - Building department records Contract - Royal Oak and Weathermasters Index of documents - 11.16.21 Project invoicing - part 1 Project invoicing - part 2 Project invoicing - part 3 Subcontract from Weathermaster's Third-Party Complaint - Weathermaster and All Glass Weathermaster Building Products, Inc. - Standard Subcontractor Agreement with All Glass (full) Weathermaster's payment records from Third-Party Complaint Weathermaster's Third-Party Complaint MKA International, Ine. Page 2 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 Il. INTRODUCTION (cont.) e Advanced Wrapping contract e Villas at Emerald - Email from attorney e Weathermaster Contract MKA International, Ine. Page 3 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 IIL. BACKGROUND The scope of the MKA preliminary report corresponds to select issues as to the claims identified in the Marcon Forensics LLC, (Marcon) report dated April 28, 2020 and the RHBj Consulting, LLC, (RHBj) report dated September 29, 2021 regarding allegations of deficiencies in or arising out of window conditions as prepared for Villas at Emerald Lake Homeowners Association, Inc in Florida dated April 28, 2020. Destructive testing from a limited number of the buildings was performed by Marcon on January 8, 9 and 10, of 2020. MKA personnel were not present for the destructive testing. Per the Marcon report, the following buildings were destructively tested: Address l Types of DT l Location ID l Note Royal Oak Homes (ROH) 2826 Tanzanite Terr (Control Joint (Cut 401 2851 Sunstone Dr. Window Cut 314 Window (M) (Cut 405 2863 Sunstone Dr. Roof/Diverter Cut 313 12869 Sunstone Dr. indow Cut 210 2879 Sunstone Dr. indow Test Cut 212 indow Cut 214 same window as 212 Window Test (Cut 213 Window (Cut 215 same window as 213 12883 Sunstone Dr. Window (M) Cut 211 12887 Sunstone Dr. Dryer Vent Cut 311 Structural (Cut 312 same loc. as 311 12889 Sunstone Dr. Window (M) (Cut 209 Roof (Cut 308 2890 Tanzanite Terr. Window (M) Cut 408 2906 Tanzanite Terr. (CJ/Transition (Cut 205 Window (M) (Cut 409 2911 Sunstone Dr. Wall (Cut 404 2914 Tanzanite Terr. Wall (Cut 204 2919 Sunstone Dr. Wall (Cut 403 2922 Tanzanite Terr. (CJ/Transition Cut 305 Structural Cut 306 same loc. as 305 2925 Sunstone Dr. Roof (Cut 307 MKA International, Ine. Page 4 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 Il. BACKGROUND (cont.) 2927 Sunstone Dr. indow Test (Cut 206 indow (Cut 207 same window as 206 (Control Joint Cut 208 2929 Sunstone Dr. Dryer Vent (Cut 402 2930 Tanzanite Terr. Window Test (Cut 201 Window (Cut 304 same window as 201 Roof/Diverter (Cut 301 2934 Tanzanite Terr. Window Test (M) (Cut 202 Window (M) (Cut 203 same window as 202 2952 Tanzanite Terr. Roof/Diverter (Cut 302 The Dimillo Group(TDG) 2860 Tanzanite Terr. Roof (Cut 309 2864 Tanzanite Terr. Dryer Vent Cut 315 Structural Cut 316 same loc. as 315 Window (M) (Cut 406 2866 Tanzanite Terr. Window Cut 321 indow (M) (Cut 407 2868 Tanzanite Terr. Roof (Cut 310 2872 Tanzanite Terr. Dryer Vent (Cut 317 Structural Cut 318 same loc. as 317 Wall (Cut 319 Roof Cut 320 MKA General Commentary Marcon was on site for three (3) days and performed 34 test cuts at the Royal Oaks Homes Buildings and 11 test cuts on The Dimmillo Group Buildings. The buildings were built under the 2010 and 2014 versions of the Florida Building Code, by two different developers. A review of the documents indicates that All Glass may have provided windows and sliding glass door installation services at lots 162 to 169 in one building of the community. These correspond to addresses 2851, 2853, 2855, 2857, 2859, 2861, 2863 and 2865 Sunstone Drive. Based on the information provided, Marcon tested two (2) windows on the building where All Glass may have provided windows and sliding glass door installation. At the one window tested by MKA International, Ine. Page 5 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 Il. BACKGROUND (cont.) Marcon on the second floor framed wall, no evidence of damage to underlying materials was identified. The scope of the Marcon testing is not consistent with scientific methodology to reliably determine the condition of the window systems and extrapolate from the miniscule amount of data available to determine a scope of repair. The test data is heavily biased towards discovering underlying damage where their testing was performed. Marcon fails to provide or indicate the basis for the locations tested. Marcon further fails to account for the multiple developers and trade entities that produced the subject buildings. Given these conditions, Marcon has failed to properly establish a foundation from which to extrapolate beyond the actual locations tested. There is no evidence in the Marcon investigations and/or reports, or any of the referenced documents provided, that the alleged work performed by All Glass on these buildings caused or contributed to water intrusion into interior spaces or caused any other deficiency or resulting damage. MKA International, Ine. Page 6 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 Iv. THE PROJECT Villas at Emerald Lake Townhome community is located South of the city of Kissimmee in Osceola County, Florida, the nearest main intersection is South Poinciana Boulevard and Lizzia Brown Road. The community is made up of twelve (12) townhome buildings with a total of eighty- eight (88) units. The 12 townhome buildings are made up of two (2) four-unit and ten (10) 8-unit buildings. The construction of the building(s) generally consists of the following: e The townhome buildings are 2-story with exterior cement stucco cladding. The buildings are constructed on concrete slab foundations. The first floor walls are CMU and the second floor walls are wood frame construction All buildings generally have asphalt shingle roofs over wood sheathing over manufactured wood trusses. MKA International, Ine. Page 7 of 16 Villas at Emerald Lake MKA Project No.: 2021.3759 Vv. ALLEGED DEFICIENCIES The following includes the information taken directly from the Marcon report and RJBj rebuttal report regarding specifically alleged deficiencies or problems with the buildings. Only portions of the text from the Marcon and RJBj rebuttal report that are considered relevant to the MKA analysis of work performed by All Glass are duplicated in the following section of this report. The Marcon observation/claim is indicated in italics followed by the MKA Response. MKA General Commentary In spite of the ages of the windows, tropical storms and other high wind events occurring in these time frames, the windows are intact with no evidence of systemic failures or water intrusion. The actual performance of the windows and other building components over this time frame indicates that deficiencies and/or code violations indicated by Marcon have been