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Filing # 157713344 E-Filed 09/19/2022 05:06:24 PM
IN THE CIRCUIT COURT OF THE 9 TH
JUDICIAL CIRCUIT,IN AND FOR
OSCEOLA COUNTY,FLORIDA
CASE NO.2020-CA-002942-ON
VILLAS AT EMERALDLAKE HOME-
OWNERS ASSOCIATION,INC.,a Florida
not for profit corporation,
Plaintiff,
v.
ROYAL OAK HOMES,LLC,a Florida lim-
ited liability company; ADVANCED
WRAPPING AND CONCRETE SOLU-
TIONS OF CENTRAL FLORIDA,INC.,a
Florida corporation; DON KING’S CON-
CRETE, INC., a Florida corporation;
HUGH MacDONALD CONSTRUCTION,
INC., a Florida corporation; IMPERIAL
BUILDING CORPORATION,a Florida cor-
poration; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC. n/k/a TGK
STUCCO, INC., a Florida corporation;
WEATHERMASTER BUILDING PRO-
DUCTS, INC., a Florida corporation;
WEINTRAUB INSPECTIONS & FOREN-
SICS, INC. n/k/a WEINTRAUB ENGI-
NEERING AND INSPECTIONS, INC., a
Florida corporation; THE DIMILLO
GROUP,LLC,a Florida limited liability
company; WOLR’S IRRIGATION & LAND-
SCAPING, INC., a Florida corporation;
SUMMERPARK HOMES,INC.,a Florida
corporation; BROWN+ COMPANY AR-
CHITECTURE,INC.,a Florida corpora-
tion;
Defendants,
/
ROYAL OAK HOMES, LLC, a Florida
limited liability company;
Crossclaim Plaintiff,
v.
ADVANCED WRAPPING AND CON-
CRETE SOLUTION OF CENTRAL
H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
FLORIDA, INC., a Florida corporation;
DON KING’S CONCRETE,INC.,a Florida
corporation; HUGH MacDONALD CON-
STRUCTION,INC.,a Florida corporation;
IMPERIAL BUILDING CORPORATION,
a Florida corporation; PREMIER PLAS-
TERING OF CENTRAL FLORIDA, INC.
n/k/a TGK TRUCCO,INC.,a Florida cor-
poration; WEATHERMASTER BUILDING
PRODUCTS,INC.,a Florida corporation;
WEINTRAUB INSPECTIONS & FOREN-
SICS, INC. n/k/a WEINTRAUB ENGI-
NEERING AND INSPECTIONS, INC., a
Florida corporation; WOLF’S IRRIGATION
& LANDSCAPIN,INC.,a Florida corpora-
tion; BROWN+ COMPANY ARCHITEC-
TURE,INC.,a Florida corporation;
Crossclaim Defendants.
/
DEFENDANT, PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. n/k/a TGK STUCCO, INC.’S
FIRST SET OF INTERROGATORIES PLAINTIFF
Defendant, PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a
TGK STUCCO, INC. (“Defendant”), by and through undersigned counsel and
pursuant to Rule 1.34 0 of the Florida Rules of Civil Procedure, hereby requests
Plaintiff, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC.
furnish Verified answers, in writing, to Defendant’s First Set of Interrogatories.
[Signature Block Contained on Next Page]
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
Respectfully submitted,
/s/ Jackeline Rodriguez
Jackeline Rodriguez
Florida Bar No. 7043 5
jrodriguez@hamiltonmillerlaw.com
Kira Tsiring
Florida Bar No. 1 023 953
ktsiring@hamiltonmillerlaw.com
HAMILTON,MILLER & BIRTHISEL,LLP
1 50 Southeast Second Avenue,Suite 1 200
Miami,Florida 3 3 1 3 1 -23 3 2
Telephone: 3 05-3 79-3 686
Facsimile: 3 05-3 79-3 690
Attorneys for Defendant/Crossclaim
Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof was served on counsel on the
attached Service List via the E-Portal on September 1 9,2022.
/s/ Jackeline Rodriguez
Jackeline Rodriguez
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
SERVICE LIST
Counsel for Plaintiff, Villas at Counsel for Defendant, Imperial
Emerald Lake Homeowners Building Corporation
Association, Inc. Thamir A. R. Kaddouri,Jr.,Esq.
Phillip E. Joseph,Esq. Beth A. Tobey,Esq.
Alana Smith,Esq. Law Office of Thamir A.R. Kaddouri,Jr.,
Evan J. Small,Esq. P.A.
Jeffrey A. Widelitz,Esq. 3 220 West Cypress Street
Ball Janik,LLP Tampa,FL 3 3 607
201 East Pine Street – Suite 600 thamir.kaddouri@tampalaw.org
Orlando,Florida 3 2801 beth.tobey@tampalaw.org
pjoseph@balljanik.com Jessica.Ayala@Tampalaw.org
esmall@balljanik.com
jwidelitz@balljanik.com
asmith@balljanik.com
ypalmer@balljanik.com
orlandodocket@balljanik.com
Counsel for Defendant, Brown+ Counsel for Defendant, Weathermaster
Company Architecture, Inc. Building Products, Inc.
Bruce R. Calderon,Esq. Peter J. Kapsales,Esq.
Alicia Z. Gross,Esq. Margaret M. Efta,Esq.
Milber Makris Plousadis & Seiden,LLP Milne Law Group,P.A.
1 900 N.W. Corporate Boulevard 3 01 East Pine Street
East Tower,Suite 440 Suite 525
Boca Raton,Florida 3 3 43 1 Orlando,Florida 3 2801
Telephone: 561 -994-73 1 0 pkapsales@milnelawgroup.com
Facsimile: 561 -994-73 1 3 mefta@milnelawgroup.com
bcalderon@milbermakris.com eservice@milnelawgroup.com
agross@milbermakris.com
Counsel for Defendant, Royal Oak Counsel for Defendant, Hugh
Homes, LLC MacDonald Construction, Inc. (HMC)
Robin H. Leavengood,Esq. Ashley Mattingly,Esq.
Lannie D. Hough,Jr.,Esq. Denise M. Anderson,Esq.
Carlton Fields,P.A. Butler Weihmuller Katz Craig
4221 W. Boy Scout Boulevard 400 North Ashley Drive,Suite 23 00
Tampa,Florida 3 3 607-5708 Tampa,Florida 3 3 602
rleavengood@carltonfields.com amattingly@butler.legal
lhough@carltonfields.com dandersom@butler.legal
nbonilla@carltonfields.com kreick@butler.legal
bwoolard@cartltonfields.com rjorge@butler.legal
ejohnson@carltonfields.com
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
SERVICE LIST
Counsel for Defendant, Don King’s Counsel for Lois Concrete Corp.
Concrete, Inc. Joseph L. Zollner,Esq.
Denise M. Anderson,Esq. Law Office of J. Christopher Norris
David Mercer,Esq. P.O. Box 721 7
Butler Weihmuller Katz Craig,LLP London,KY 40742
400 North Ashley Drive,Suite 23 00 joseph.zollner@libertymutual.com
Tampa,Florida 3 3 602 FloridaCDLegalMail@LibertyMutual.com
danderson@butler.legal
dmercer@butler.legal
jjacobs@butler.legal
mmilligan@butler.legal
Counsel for Defendant, Advanced Counsel for All Glass Installation
Wrapping and Concrete Solutions of Corp.
Central Florida, Inc. William M. Woods,Esq.
Jayne Ann Pittman,Esq. Jennifer E. Lulgjuraj,Esq.
Natalie Fischer,Esq. Law Office of William Woods
Conroy Simberg 1 00 S. Missouri Avenue,Suite 201
Two South Orange Avenue,Suite 3 00 Clearwater,Florida 3 3 756
Orlando,Florida 3 2801 wwoods@willwoodslaw.com
eserviceorl@conroysimberg.com josephCwillwoodslaw.com
jpittman@conroysimberg.com annelm@willwoodslaw.com
nfischer@conroysimberg.com mabelc@willwoodslaw.com
mmaitland@conroysimberg.com pleadins@willwoodslaw.com
Counsel for Atlantic Concrete Counsel for Well Hung Windows &
Systems, Inc. Doors, LLC
Jennifer L. Shippole,Esq. Richard L. Russo,Esq.
Law Office of Jennifer L. Shippole Law Office of Richard L. Russo
1 4050 N.W. 1 4th Street,Suite 1 80 505 Maitland Avenue,Suite 1 000
Sunrise,Florida 3 3 3 23 Alamonte Springs,Florida 3 2701
jshippole@fednat.com rrusso@wfmblaw.com
ckassem@fednat.com
Counsel for Wolf’s Irrigation & Counsel for Casey Hawkins Glass
Landscaping, Inc. Inc.
Chelsey “ Chet” G. Moody,Jr.,Esq. Michael D. Ruel,Esq.
Mai M. Le,Esq. Galloway Johnson Thompkins Burr &
Moody & Graf,P.A. Smith
1 1 01 N. Lake Destiny Road,Suite 200 400 N. Ashley Drive,Suite 1 000
Maitland,Florida 3 2751 Tampa,Florida 3 3 602
cmoody@moodygraf.com mruel@gallowaylawfirm.com
mle@moodygraf.com bcollins@gallowaylawfirm.com
cbuhler@moodygraf.com tampaservice@gallowaylawfirm.com
iperera@moodygraf.com
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
SERVICE LIST
Andrew T. Marshall,Esq. Counsel for Weintraub Inspections &
Hamilton Price Forensics, Inc. n/k/a Weintraub
2400 Manatee Avenue West Engineering Inspections, Inc.
Bradenton,Florida 3 4205 Andres E. Hollway,Esq.
andrew@hamiltonpricelaw.com Tim Ford,Esq.
nancy@hamiltonpricelaw.com Hill Ward Henderson
kelsey@hamiltonpricelaw.com 1 01 E. Kennedy Boulevard,Suite 3 700
Tampa,Florida 3 3 602
andrew.holway@hwhlaw.com
tim.ford@hwhlaw.com
rocco.cafaro@hwhlaw.com
ron.espinal@hwhlaw.com
kathy.wernsing@hwlaw.com
tracy.coale@hwlaw.com
derrick.calandra@hwlaw.com
jill.kuty@hwhlaw.com
Counsel for T& M Construction of Counsel for Helberg Enterprises, LLC
Sanford, Inc. Scott Ross,Esq.
William M. Woods,Esq. Mary O’Brien,Esq.
Jennifer E. Lulgjuraj,Esq. Groelle & Salmon,P.A.
Law Office of William Woods 1 71 5 N. Westshore Boulevard,#3 20
1 00 S. Missouri Avenue,Suite 201 Tampa,Florida 3 3 607
Clearwater,Florida 3 3 756 gstcourtdocs@gspalaw.com
Wwoods@willwoodslaw.com sross@gspalaw.com
JLulgjuraj@willwoodslaw.com cebanks@gspalaw.com
AnneLM@willwoodslaw.com
mabelc@willwoodslaw.com
Pleadings@willwoodslaw.com
Counsel for TGK Stucco, Inc. Counsel for Hobbit Windows, LLC
Jennifer Miller Brooks,Esq. Todd M. Ladouceur,Esq.
Jackeline Rodriguez,Esq. Jerrilynn Hadley,Esq.
Kira Tsiring,Esq. Galloway,Johnson,Tompkins,Burr and
Hamilton,Miller & Birthisel,LLP Smith,PLC
1 50 S.E. Second Avenue,Suite 1 200 1 1 8 E. Garden Street
Miami,Florida 3 3 1 3 1 Pensacola,Florida 3 2502
jmiller@hamiltonmillerlaw.com TMLConstruction@gallowaylawfirm.com
jrodriguez@hamiltonmillerlaw.com
ktsiring@hamiltonmillerlaw.com
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
INSTRUCTIONS/DEFINITIONS
1. As used herein, the terms “Plaintiff,” “you,” and “your,” shall refer to
VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., its current
and/or former officers, directors, registered agent, employees, agents, subsidiaries,
affiliates, predecessors-
in-interest, successors-
in-interest and any person purporting
to act on behalf of VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION,
INC.
2. As used herein, the terms “Association” and “Owner” shall refer to
VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., its current
and/or former officers, directors, registered agent, employees, agents, subsidiaries,
affiliates, predecessors-
in-interest, successors-
in-interest and any person purporting
to act on behalf of VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION,
INC.
3. As used herein, the term “ROH”, “Contractor” and “Builder” shall refer
to ROYAL OAKS HOME, LLC, its current and/or former officers, directors,
registered agent, employees, agents, subsidiaries, affiliates, predecessors- in-
interest, successors-
in-interest, and any person purporting to act on behalf of
ROYAL OAKS HOME, LLC.
4. As used herein, the term “Defendant” shall refer to current and/or
former officers, directors, registered agent, employees, agents, subsidiaries,
affiliates, successors-in-interest of PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. n/k/a TGK STUCCO, INC., its current and/or former officers,
directors, registered agent, employees, agents, subsidiaries, affiliates, predecessors-
in-interest, successors-in-interest, and any person purporting to act on behalf of
PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
INC.
5. As used herein, the term “TGK Stucco” shall refer to current and/or
former officers, directors, registered agent, employees, agents, subsidiaries,
affiliates, successors-
in-
interest of PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. n/k/a TGK STUCCO, INC. and any person purporting to act on
behalf of PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK
STUCCO, INC.
6. As used herein, the term “Subject Property” and “Subject Project” shall
refer to the development and construction of the residential development commonly
known as “Villas at Emerald Lakes”, including but not limited to all common areas
located south of Orange Blossom Trail; north- east of the intersection between
Poinciana Boulevard and Lizzia Brown Road in Kissimmee, Osceola County,
Florida.
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
7. As used herein, the term “Complaint” shall refer to the most recent
version of the allegations against Defendant as of the date of service of these
interrogatories.
8. As used herein, the term “Person” means any natural person,
individual, proprietorship, partnership, corporation, association, organization, joint
venture, firm, other business enterprise, governmental body, group of natural
persons or other entity.
9. As used herein, "document" means any and all writings, electronic or
graphic material, or any copy of any writing, electronic or graphic material, however
produced or reproduced, of any kind or description in your actual or constructive
possession, custody, care or control or of which you have knowledge, whether or not
prepared by you, which pertains or contains information pertaining directly or
indirectly, in whole or in part, to any of the subjects inquired about in any
specification, and includes but is not limited to, the original and any non- identical
copies of any: correspondence; paper; electronic mail; book; pamphlet; periodical;
photograph; object; microfilm or microfiche; note or sound recording or other
memorial of any type of oral communication, meeting or conference; memoranda;
records; reports; studies; written forecast; projection, analysis or estimate; desk or
other calendars; appointment book; diary; date sheet; date processing cards; disks;
tape or other data compilation from which information can be obtained or
translated; computer printouts; work papers; charts; graphs; news clippings; press
releases; newspaper accounts; transcript of television or radio broadcasts. Two or
more copies of a document bearing divergent handwritten or other notations shall
be treated as separate documents for this purpose, as well as all drafts of any
document.
10. As used herein, "communication" is construed in the broadest possible
sense, and includes, but is not limited to, any oral, written, telephonic, facsimile,
telex or electronic statement or document, including voice mail, pager message,
digital, radio or TTY/TDD statement or document, electronic mail or other
computerized statement or document, of any description or nature, sent, conveyed,
dispatched or produced by one or more persons through any means, any such
statement or document made by one or more persons in the presence of one or more
persons.
11. As used herein, "relating to," "concerning," "reflecting," "related,"
“evidencing” and/or "mentioning" includes, without limitation, concerning, relating
to, reflecting, mentioning, respecting, referring to, responding to, pertaining to,
connected with, comprising, commenting on, corroborating, discussing, showing,
describing, evidencing, analyzing, constituting, in any manner involving or
otherwise implicating the subject matter of the interrogatory. As used herein,
"including" and "includes" shall be construed as referring only to an incomplete
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
listing of illustrative examples and not as limiting or narrowing the generality of
any definition, instruction or interrogatory.
12 . As used herein, “including” and “includes” shall be construed as
referring only to an incomplete listing of illustrative examples and not as limiting or
narrowing the generality of any definition, instruction or request.
13. As used herein, the term “and” as well as “or” shall be construed both
disjunctively and conjunctively so as to bring within the scope of each of these
Requests any information which otherwise might be construed to be outside the
scope of any requirement.
14 . The use of the singular form of any word includes the plural, and the
use of the plural includes the singular.
15. If any of the responses requested cannot be provided in full or in part,
you shall state, in writing, the reasons for your inability to provide all or any
portion of the responses requested and serve those on Defendant at the time
required for the response and/or production.
16. If any information in response to these interrogatories is withheld or
not disclosed under a claim of privilege or confidentiality, specify in detail, the basis
upon which the asserted privilege or confidentiality is claimed, and provide a
privilege log.
17. These Interrogatories are deemed to be continuing in nature, and in
the event you become aware of additional responsive information, you are requested
to provide promptly such additional responsive information to Defendant.
18. Unless otherwise indicated, the time period covered by these
interrogatories is from the beginning of your records through the present date.
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
FIRST SET OF INTERROGATORIES TO PLAINTIFF
1. State the full name, address of each person who contributed information
and/or prepared the answer to each of these Interrogatories and identify your
relationship with the Association.
ANSWER:
2. Identify the (a) name, (b) last known address, (c) last known telephone
number, (d) last known place of employment, and (e) last known job title of
each person and/or entity that has or claims to have knowledge or
information pertaining to any fact alleged in the Complaint filed in this
action, or any fact regarding the subject matter of this action.
ANSWER:
3. For each person identified in the foregoing interrogatory, please state (a) the
specific nature and substance of the knowledge that you believe that the
person and/or entity may possess including (b) the description of the design
and/or construction defect alleged; and (c) the description of the damages
sustained attributed to the defect, and (d) the description of any remediation,
repair and/or replacement work performed regarding each defect.
ANSWER:
4. State the full name, address and title of each person who served as an officer,
director and/or trustee of the Association at the time that the Subject Project
was substantially completed.
ANSWER:
5. State the full name, address and title of each person who served as an
officer, director and/or trustee of the Association at the time of the Turnover 1
of the Subject Property.
ANSWER:
6. State the full name, address and title of each person who served as an
officer, director and/or trustee of the Association at the time that the alleged
defects were discovered at the Subject Property.
1 Pursuant to F.S.§72 0.3 07, the term “Turnover” is generally defined as the transfer of association
control from developers to non- developer owners whereby the members of the community association
other than the developer are entitled to elect at least a majority of the members of the board of
directors.
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
ANSWER:
7. State the full name, address and title of each person who served as an
officer, director and/or trustee of the Association at the time that the initial
pleadings were filed with the court regarding the alleged design and/or
construction defects at the Subject Property.
8. Describe in detail, not by general allegation, each and every design and/or
construction defect identified at the Subject Property allegedly caused and/or
significantly contributed to by the acts and/or omissions of TGK Stucco.
ANSWER:
9. In each instance, describe in detail, not by general allegations, each and
every measures undertaken by and/or on behalf of the Association to
mitigate damages to the Subject Property caused and/or significantly
contributed to by the acts and/or omissions of TGK Stucco.
ANSWER:
10. Identify the name and address of each and every person and/or entity that
investigated the cause and origin of each design and/or construction defect at
the Subject Property allegedly caused and/or significantly contributed to by
the acts and/or omissions of TGK Stucco.
ANSWER:
11. Identify the exact and, if necessary, the approximate date and the name and
address of each person and/or entity that discovered each design and/or
construction defect at the Subject Property allegedly caused and/or
significantly contributed to by the acts and/or omissions of TGK Stucco.
ANSWER:
12 . For each design and/or construction defect at the Subject Property allegedly
caused and/or significantly contributed to by the acts and/or omissions of
TGK Stucco, identify the name and address of each and every person and/or
entity that prepared a cost analysis, estimate, proposal and/or plan for the
remediation, repair and/or replacement of any damages sustained.
ANSWER:
13. For each design and/or construction defect at the Subject Property allegedly
caused and/or significantly contributed to by the acts and/or omissions of
TGK Stucco, identify the name and address of each and every person and/or
entity that performed any of the remediation, repair and/or replacement
work.
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
ANSWER:
14 . For each design and/or construction defect at the Subject Property allegedly
caused and/or significantly contributed to by the acts and/or omissions of
TGK Stucco, identify the name and address of each and every person and/or
entity that that performed inspections of the remediation, repair and/or
replacement work.
ANSWER:
15. Identify the name and address of each design professional, contractor and
material supplier who performed construction work, rendered design services
and furnished building materials for the Subject Property for each of the
following elements of the project:
(a) Project Management;
(b) General Contracting;
(c) Window Assemblies;
(d) Exterior Doors;
(e) Roofing;
(f) Exterior Wall Stucco and/or Coatings, including expansion joints;
(g) Structural Concrete Exterior Walls;
(h) Waterproofing;
(i) Flashing;
(j) Roof Drainage System, including waterspouts and gutters;
(k) Common Area Property Drainage System, including retention/
detention basins;
(l) Building Foundations;
(m) Landscaping and Irrigation Systems;
(n) Final Construction Plans & Specifications, for Permit Issuance;
(o) Issuance of Permits and Performance of Inspections;
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
(p) As-
Built Drawings.
16. For each alleged design and/or construction defect and resultant damages
attributed to TGK Stucco, any and all costs incurred for the remediation,
repair and/or replacement work performed, including costs for design,
construction, materials and inspections.
ANSWER:
17. Have you heard or do you know about any statement or remark made by or
on behalf of any party to this lawsuit, other than yourself, concerning any
issue in this lawsuit? If so, state the name and address of each person who
made the statement or statements, the name and address of each person who
heard it, and the date, time, place and substance of each statement.
ANSWER:
18. State the name and address of every person known to you, your agents, or
attorneys, who has knowledge about, or possession, custody or control of any
model, plat, map, drawing, motion picture, video tape, or photograph
pertaining to any fact or issue involved in this controversy; and describe as
to each, what such person has, the name and address of the person who took
or prepared it, and the date it was taken or prepared.
ANSWER:
19. Do you intend to call any expert witnesses at the trial of this case? If so,
state as to each such witness the name and business address of the witness,
the witness’s qualifications as an expert, the subject matter upon which the
witness is expected to testify, the substance of the facts and opinions to
which the witness is expected to testify, and a summary of the grounds for
each opinion.
ANSWER:
2 0. Have you made an agreement with anyone that would limit that party’s
liability to anyone for any of the damages sued upon in this case? If so, state
the terms of the agreement and the parties to it.
ANSWER:
2 1. Identify the name and address of each person and/or entity that rendered
property management services for the Subject Property for the past ten (1 0)
years and describe in detail the nature and extent of the services performed
with regard to property maintenance,including but not limited to mainte-
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H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
nance,repair,remediation and/or inspections of the common elements and/or
residential units at the Subject Property.
ANSWER:
22. Set forth whether the Association has in its possession, custody and/or
control of any photographs and/or video recordings that reflect the alleged
design and/or construction defects regarding the Subject Project and, if so,
describe in detail what is depicted in each photographs and/or video
recordings.
ANSWER:
2 3. Set forth whether the Association has in its possession, custody and/or
control of any complaints reported to the Association from owners and/or
residents of the Subject Property regarding alleged design and/or
construction defects and any resultant physical damage to the buildings,
units and/or personal contents and, if so, describe in detail, (a) the nature
and extent of each complaint; (b) the date of the complaint; (c) the name and
address of the complainant, and (d) the location of the alleged defect and/or
damage.
ANSWER:
24 . Set forth whether the Association has in its possession, custody and/or
control of any invoices, bills, receipts or other documents furnished to the
Association by owners and/or residents of the Subject Property that reflects
expenses incurred for labor, materials, equipment and/or supplies for the
remediation, repairs and/or replacement arising from alleged design and/or
construction defects caused and/or contributed to by the scope of work
performed by the general contractor and/or subcontractors during the
Subject Project and, if so, describe for each item (a) the description of the
documents received; (b) the monetary amount reflected; (c) the name and
address of the person(s) who furnished the item, (d) a description of the
alleged defect and/or resultant damages and (e) a description of the nature
and extent of any remediation, repair and/or replacement.
ANSWER:
- 14 -
H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
CASE NO. 2020-CA-002942-ON
VERIFICATION
STATE OF FLORIDA )
) SS
COUNTY OF ________________ )
I ___________________________ am the ______________________ of the Villas
at Emerald Lake Homeowners Association, Inc.in the above-
referenced matter. I
reviewed the above Answers to Interrogatories and verify upon penalty of perjury
that they are true and correct to the best of my knowledge.
VILLAS AT EMERALD LAKE
HOMEOWNERS ASSOCIATION, INC.
By:
Notary Public State of Florida
My Commission Expires:
- 15 -
H AM I LT ON, MI L L E R & B I RT HI SE L, LLP
150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690
Preview
Filing # 157713344 E-Filed 09/19/2022 05:06:24 PM IN THE CIRCUIT COURT OF THE 9 TH JUDICIAL CIRCUIT,IN AND FOR OSCEOLA COUNTY,FLORIDA CASE NO.2020-CA-002942-ON VILLAS AT EMERALDLAKE HOME- OWNERS ASSOCIATION,INC.,a Florida not for profit corporation, Plaintiff, v. ROYAL OAK HOMES,LLC,a Florida lim- ited liability company; ADVANCED WRAPPING AND CONCRETE SOLU- TIONS OF CENTRAL FLORIDA,INC.,a Florida corporation; DON KING’S CON- CRETE, INC., a Florida corporation; HUGH MacDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION,a Florida cor- poration; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRO- DUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FOREN- SICS, INC. n/k/a WEINTRAUB ENGI- NEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP,LLC,a Florida limited liability company; WOLR’S IRRIGATION & LAND- SCAPING, INC., a Florida corporation; SUMMERPARK HOMES,INC.,a Florida corporation; BROWN+ COMPANY AR- CHITECTURE,INC.,a Florida corpora- tion; Defendants, / ROYAL OAK HOMES, LLC, a Florida limited liability company; Crossclaim Plaintiff, v. ADVANCED WRAPPING AND CON- CRETE SOLUTION OF CENTRAL H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE,INC.,a Florida corporation; HUGH MacDONALD CON- STRUCTION,INC.,a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLAS- TERING OF CENTRAL FLORIDA, INC. n/k/a TGK TRUCCO,INC.,a Florida cor- poration; WEATHERMASTER BUILDING PRODUCTS,INC.,a Florida corporation; WEINTRAUB INSPECTIONS & FOREN- SICS, INC. n/k/a WEINTRAUB ENGI- NEERING AND INSPECTIONS, INC., a Florida corporation; WOLF’S IRRIGATION & LANDSCAPIN,INC.,a Florida corpora- tion; BROWN+ COMPANY ARCHITEC- TURE,INC.,a Florida corporation; Crossclaim Defendants. / DEFENDANT, PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC.’S FIRST SET OF INTERROGATORIES PLAINTIFF Defendant, PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC. (“Defendant”), by and through undersigned counsel and pursuant to Rule 1.34 0 of the Florida Rules of Civil Procedure, hereby requests Plaintiff, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. furnish Verified answers, in writing, to Defendant’s First Set of Interrogatories. [Signature Block Contained on Next Page] -2- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON Respectfully submitted, /s/ Jackeline Rodriguez Jackeline Rodriguez Florida Bar No. 7043 5 jrodriguez@hamiltonmillerlaw.com Kira Tsiring Florida Bar No. 1 023 953 ktsiring@hamiltonmillerlaw.com HAMILTON,MILLER & BIRTHISEL,LLP 1 50 Southeast Second Avenue,Suite 1 200 Miami,Florida 3 3 1 3 1 -23 3 2 Telephone: 3 05-3 79-3 686 Facsimile: 3 05-3 79-3 690 Attorneys for Defendant/Crossclaim Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof was served on counsel on the attached Service List via the E-Portal on September 1 9,2022. /s/ Jackeline Rodriguez Jackeline Rodriguez -3- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON SERVICE LIST Counsel for Plaintiff, Villas at Counsel for Defendant, Imperial Emerald Lake Homeowners Building Corporation Association, Inc. Thamir A. R. Kaddouri,Jr.,Esq. Phillip E. Joseph,Esq. Beth A. Tobey,Esq. Alana Smith,Esq. Law Office of Thamir A.R. Kaddouri,Jr., Evan J. Small,Esq. P.A. Jeffrey A. Widelitz,Esq. 3 220 West Cypress Street Ball Janik,LLP Tampa,FL 3 3 607 201 East Pine Street – Suite 600 thamir.kaddouri@tampalaw.org Orlando,Florida 3 2801 beth.tobey@tampalaw.org pjoseph@balljanik.com Jessica.Ayala@Tampalaw.org esmall@balljanik.com jwidelitz@balljanik.com asmith@balljanik.com ypalmer@balljanik.com orlandodocket@balljanik.com Counsel for Defendant, Brown+ Counsel for Defendant, Weathermaster Company Architecture, Inc. Building Products, Inc. Bruce R. Calderon,Esq. Peter J. Kapsales,Esq. Alicia Z. Gross,Esq. Margaret M. Efta,Esq. Milber Makris Plousadis & Seiden,LLP Milne Law Group,P.A. 1 900 N.W. Corporate Boulevard 3 01 East Pine Street East Tower,Suite 440 Suite 525 Boca Raton,Florida 3 3 43 1 Orlando,Florida 3 2801 Telephone: 561 -994-73 1 0 pkapsales@milnelawgroup.com Facsimile: 561 -994-73 1 3 mefta@milnelawgroup.com bcalderon@milbermakris.com eservice@milnelawgroup.com agross@milbermakris.com Counsel for Defendant, Royal Oak Counsel for Defendant, Hugh Homes, LLC MacDonald Construction, Inc. (HMC) Robin H. Leavengood,Esq. Ashley Mattingly,Esq. Lannie D. Hough,Jr.,Esq. Denise M. Anderson,Esq. Carlton Fields,P.A. Butler Weihmuller Katz Craig 4221 W. Boy Scout Boulevard 400 North Ashley Drive,Suite 23 00 Tampa,Florida 3 3 607-5708 Tampa,Florida 3 3 602 rleavengood@carltonfields.com amattingly@butler.legal lhough@carltonfields.com dandersom@butler.legal nbonilla@carltonfields.com kreick@butler.legal bwoolard@cartltonfields.com rjorge@butler.legal ejohnson@carltonfields.com -4- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON SERVICE LIST Counsel for Defendant, Don King’s Counsel for Lois Concrete Corp. Concrete, Inc. Joseph L. Zollner,Esq. Denise M. Anderson,Esq. Law Office of J. Christopher Norris David Mercer,Esq. P.O. Box 721 7 Butler Weihmuller Katz Craig,LLP London,KY 40742 400 North Ashley Drive,Suite 23 00 joseph.zollner@libertymutual.com Tampa,Florida 3 3 602 FloridaCDLegalMail@LibertyMutual.com danderson@butler.legal dmercer@butler.legal jjacobs@butler.legal mmilligan@butler.legal Counsel for Defendant, Advanced Counsel for All Glass Installation Wrapping and Concrete Solutions of Corp. Central Florida, Inc. William M. Woods,Esq. Jayne Ann Pittman,Esq. Jennifer E. Lulgjuraj,Esq. Natalie Fischer,Esq. Law Office of William Woods Conroy Simberg 1 00 S. Missouri Avenue,Suite 201 Two South Orange Avenue,Suite 3 00 Clearwater,Florida 3 3 756 Orlando,Florida 3 2801 wwoods@willwoodslaw.com eserviceorl@conroysimberg.com josephCwillwoodslaw.com jpittman@conroysimberg.com annelm@willwoodslaw.com nfischer@conroysimberg.com mabelc@willwoodslaw.com mmaitland@conroysimberg.com pleadins@willwoodslaw.com Counsel for Atlantic Concrete Counsel for Well Hung Windows & Systems, Inc. Doors, LLC Jennifer L. Shippole,Esq. Richard L. Russo,Esq. Law Office of Jennifer L. Shippole Law Office of Richard L. Russo 1 4050 N.W. 1 4th Street,Suite 1 80 505 Maitland Avenue,Suite 1 000 Sunrise,Florida 3 3 3 23 Alamonte Springs,Florida 3 2701 jshippole@fednat.com rrusso@wfmblaw.com ckassem@fednat.com Counsel for Wolf’s Irrigation & Counsel for Casey Hawkins Glass Landscaping, Inc. Inc. Chelsey “ Chet” G. Moody,Jr.,Esq. Michael D. Ruel,Esq. Mai M. Le,Esq. Galloway Johnson Thompkins Burr & Moody & Graf,P.A. Smith 1 1 01 N. Lake Destiny Road,Suite 200 400 N. Ashley Drive,Suite 1 000 Maitland,Florida 3 2751 Tampa,Florida 3 3 602 cmoody@moodygraf.com mruel@gallowaylawfirm.com mle@moodygraf.com bcollins@gallowaylawfirm.com cbuhler@moodygraf.com tampaservice@gallowaylawfirm.com iperera@moodygraf.com -5- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON SERVICE LIST Andrew T. Marshall,Esq. Counsel for Weintraub Inspections & Hamilton Price Forensics, Inc. n/k/a Weintraub 2400 Manatee Avenue West Engineering Inspections, Inc. Bradenton,Florida 3 4205 Andres E. Hollway,Esq. andrew@hamiltonpricelaw.com Tim Ford,Esq. nancy@hamiltonpricelaw.com Hill Ward Henderson kelsey@hamiltonpricelaw.com 1 01 E. Kennedy Boulevard,Suite 3 700 Tampa,Florida 3 3 602 andrew.holway@hwhlaw.com tim.ford@hwhlaw.com rocco.cafaro@hwhlaw.com ron.espinal@hwhlaw.com kathy.wernsing@hwlaw.com tracy.coale@hwlaw.com derrick.calandra@hwlaw.com jill.kuty@hwhlaw.com Counsel for T& M Construction of Counsel for Helberg Enterprises, LLC Sanford, Inc. Scott Ross,Esq. William M. Woods,Esq. Mary O’Brien,Esq. Jennifer E. Lulgjuraj,Esq. Groelle & Salmon,P.A. Law Office of William Woods 1 71 5 N. Westshore Boulevard,#3 20 1 00 S. Missouri Avenue,Suite 201 Tampa,Florida 3 3 607 Clearwater,Florida 3 3 756 gstcourtdocs@gspalaw.com Wwoods@willwoodslaw.com sross@gspalaw.com JLulgjuraj@willwoodslaw.com cebanks@gspalaw.com AnneLM@willwoodslaw.com mabelc@willwoodslaw.com Pleadings@willwoodslaw.com Counsel for TGK Stucco, Inc. Counsel for Hobbit Windows, LLC Jennifer Miller Brooks,Esq. Todd M. Ladouceur,Esq. Jackeline Rodriguez,Esq. Jerrilynn Hadley,Esq. Kira Tsiring,Esq. Galloway,Johnson,Tompkins,Burr and Hamilton,Miller & Birthisel,LLP Smith,PLC 1 50 S.E. Second Avenue,Suite 1 200 1 1 8 E. Garden Street Miami,Florida 3 3 1 3 1 Pensacola,Florida 3 2502 jmiller@hamiltonmillerlaw.com TMLConstruction@gallowaylawfirm.com jrodriguez@hamiltonmillerlaw.com ktsiring@hamiltonmillerlaw.com -6- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON INSTRUCTIONS/DEFINITIONS 1. As used herein, the terms “Plaintiff,” “you,” and “your,” shall refer to VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., its current and/or former officers, directors, registered agent, employees, agents, subsidiaries, affiliates, predecessors- in-interest, successors- in-interest and any person purporting to act on behalf of VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. 2. As used herein, the terms “Association” and “Owner” shall refer to VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., its current and/or former officers, directors, registered agent, employees, agents, subsidiaries, affiliates, predecessors- in-interest, successors- in-interest and any person purporting to act on behalf of VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. 3. As used herein, the term “ROH”, “Contractor” and “Builder” shall refer to ROYAL OAKS HOME, LLC, its current and/or former officers, directors, registered agent, employees, agents, subsidiaries, affiliates, predecessors- in- interest, successors- in-interest, and any person purporting to act on behalf of ROYAL OAKS HOME, LLC. 4. As used herein, the term “Defendant” shall refer to current and/or former officers, directors, registered agent, employees, agents, subsidiaries, affiliates, successors-in-interest of PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., its current and/or former officers, directors, registered agent, employees, agents, subsidiaries, affiliates, predecessors- in-interest, successors-in-interest, and any person purporting to act on behalf of PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC. 5. As used herein, the term “TGK Stucco” shall refer to current and/or former officers, directors, registered agent, employees, agents, subsidiaries, affiliates, successors- in- interest of PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC. and any person purporting to act on behalf of PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC. 6. As used herein, the term “Subject Property” and “Subject Project” shall refer to the development and construction of the residential development commonly known as “Villas at Emerald Lakes”, including but not limited to all common areas located south of Orange Blossom Trail; north- east of the intersection between Poinciana Boulevard and Lizzia Brown Road in Kissimmee, Osceola County, Florida. -7- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON 7. As used herein, the term “Complaint” shall refer to the most recent version of the allegations against Defendant as of the date of service of these interrogatories. 8. As used herein, the term “Person” means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. 9. As used herein, "document" means any and all writings, electronic or graphic material, or any copy of any writing, electronic or graphic material, however produced or reproduced, of any kind or description in your actual or constructive possession, custody, care or control or of which you have knowledge, whether or not prepared by you, which pertains or contains information pertaining directly or indirectly, in whole or in part, to any of the subjects inquired about in any specification, and includes but is not limited to, the original and any non- identical copies of any: correspondence; paper; electronic mail; book; pamphlet; periodical; photograph; object; microfilm or microfiche; note or sound recording or other memorial of any type of oral communication, meeting or conference; memoranda; records; reports; studies; written forecast; projection, analysis or estimate; desk or other calendars; appointment book; diary; date sheet; date processing cards; disks; tape or other data compilation from which information can be obtained or translated; computer printouts; work papers; charts; graphs; news clippings; press releases; newspaper accounts; transcript of television or radio broadcasts. Two or more copies of a document bearing divergent handwritten or other notations shall be treated as separate documents for this purpose, as well as all drafts of any document. 10. As used herein, "communication" is construed in the broadest possible sense, and includes, but is not limited to, any oral, written, telephonic, facsimile, telex or electronic statement or document, including voice mail, pager message, digital, radio or TTY/TDD statement or document, electronic mail or other computerized statement or document, of any description or nature, sent, conveyed, dispatched or produced by one or more persons through any means, any such statement or document made by one or more persons in the presence of one or more persons. 11. As used herein, "relating to," "concerning," "reflecting," "related," “evidencing” and/or "mentioning" includes, without limitation, concerning, relating to, reflecting, mentioning, respecting, referring to, responding to, pertaining to, connected with, comprising, commenting on, corroborating, discussing, showing, describing, evidencing, analyzing, constituting, in any manner involving or otherwise implicating the subject matter of the interrogatory. As used herein, "including" and "includes" shall be construed as referring only to an incomplete -8 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON listing of illustrative examples and not as limiting or narrowing the generality of any definition, instruction or interrogatory. 12 . As used herein, “including” and “includes” shall be construed as referring only to an incomplete listing of illustrative examples and not as limiting or narrowing the generality of any definition, instruction or request. 13. As used herein, the term “and” as well as “or” shall be construed both disjunctively and conjunctively so as to bring within the scope of each of these Requests any information which otherwise might be construed to be outside the scope of any requirement. 14 . The use of the singular form of any word includes the plural, and the use of the plural includes the singular. 15. If any of the responses requested cannot be provided in full or in part, you shall state, in writing, the reasons for your inability to provide all or any portion of the responses requested and serve those on Defendant at the time required for the response and/or production. 16. If any information in response to these interrogatories is withheld or not disclosed under a claim of privilege or confidentiality, specify in detail, the basis upon which the asserted privilege or confidentiality is claimed, and provide a privilege log. 17. These Interrogatories are deemed to be continuing in nature, and in the event you become aware of additional responsive information, you are requested to provide promptly such additional responsive information to Defendant. 18. Unless otherwise indicated, the time period covered by these interrogatories is from the beginning of your records through the present date. -9- H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON FIRST SET OF INTERROGATORIES TO PLAINTIFF 1. State the full name, address of each person who contributed information and/or prepared the answer to each of these Interrogatories and identify your relationship with the Association. ANSWER: 2. Identify the (a) name, (b) last known address, (c) last known telephone number, (d) last known place of employment, and (e) last known job title of each person and/or entity that has or claims to have knowledge or information pertaining to any fact alleged in the Complaint filed in this action, or any fact regarding the subject matter of this action. ANSWER: 3. For each person identified in the foregoing interrogatory, please state (a) the specific nature and substance of the knowledge that you believe that the person and/or entity may possess including (b) the description of the design and/or construction defect alleged; and (c) the description of the damages sustained attributed to the defect, and (d) the description of any remediation, repair and/or replacement work performed regarding each defect. ANSWER: 4. State the full name, address and title of each person who served as an officer, director and/or trustee of the Association at the time that the Subject Project was substantially completed. ANSWER: 5. State the full name, address and title of each person who served as an officer, director and/or trustee of the Association at the time of the Turnover 1 of the Subject Property. ANSWER: 6. State the full name, address and title of each person who served as an officer, director and/or trustee of the Association at the time that the alleged defects were discovered at the Subject Property. 1 Pursuant to F.S.§72 0.3 07, the term “Turnover” is generally defined as the transfer of association control from developers to non- developer owners whereby the members of the community association other than the developer are entitled to elect at least a majority of the members of the board of directors. - 10 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON ANSWER: 7. State the full name, address and title of each person who served as an officer, director and/or trustee of the Association at the time that the initial pleadings were filed with the court regarding the alleged design and/or construction defects at the Subject Property. 8. Describe in detail, not by general allegation, each and every design and/or construction defect identified at the Subject Property allegedly caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco. ANSWER: 9. In each instance, describe in detail, not by general allegations, each and every measures undertaken by and/or on behalf of the Association to mitigate damages to the Subject Property caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco. ANSWER: 10. Identify the name and address of each and every person and/or entity that investigated the cause and origin of each design and/or construction defect at the Subject Property allegedly caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco. ANSWER: 11. Identify the exact and, if necessary, the approximate date and the name and address of each person and/or entity that discovered each design and/or construction defect at the Subject Property allegedly caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco. ANSWER: 12 . For each design and/or construction defect at the Subject Property allegedly caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco, identify the name and address of each and every person and/or entity that prepared a cost analysis, estimate, proposal and/or plan for the remediation, repair and/or replacement of any damages sustained. ANSWER: 13. For each design and/or construction defect at the Subject Property allegedly caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco, identify the name and address of each and every person and/or entity that performed any of the remediation, repair and/or replacement work. - 11 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON ANSWER: 14 . For each design and/or construction defect at the Subject Property allegedly caused and/or significantly contributed to by the acts and/or omissions of TGK Stucco, identify the name and address of each and every person and/or entity that that performed inspections of the remediation, repair and/or replacement work. ANSWER: 15. Identify the name and address of each design professional, contractor and material supplier who performed construction work, rendered design services and furnished building materials for the Subject Property for each of the following elements of the project: (a) Project Management; (b) General Contracting; (c) Window Assemblies; (d) Exterior Doors; (e) Roofing; (f) Exterior Wall Stucco and/or Coatings, including expansion joints; (g) Structural Concrete Exterior Walls; (h) Waterproofing; (i) Flashing; (j) Roof Drainage System, including waterspouts and gutters; (k) Common Area Property Drainage System, including retention/ detention basins; (l) Building Foundations; (m) Landscaping and Irrigation Systems; (n) Final Construction Plans & Specifications, for Permit Issuance; (o) Issuance of Permits and Performance of Inspections; - 12 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON (p) As- Built Drawings. 16. For each alleged design and/or construction defect and resultant damages attributed to TGK Stucco, any and all costs incurred for the remediation, repair and/or replacement work performed, including costs for design, construction, materials and inspections. ANSWER: 17. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place and substance of each statement. ANSWER: 18. State the name and address of every person known to you, your agents, or attorneys, who has knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. ANSWER: 19. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. ANSWER: 2 0. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. ANSWER: 2 1. Identify the name and address of each person and/or entity that rendered property management services for the Subject Property for the past ten (1 0) years and describe in detail the nature and extent of the services performed with regard to property maintenance,including but not limited to mainte- - 13 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON nance,repair,remediation and/or inspections of the common elements and/or residential units at the Subject Property. ANSWER: 22. Set forth whether the Association has in its possession, custody and/or control of any photographs and/or video recordings that reflect the alleged design and/or construction defects regarding the Subject Project and, if so, describe in detail what is depicted in each photographs and/or video recordings. ANSWER: 2 3. Set forth whether the Association has in its possession, custody and/or control of any complaints reported to the Association from owners and/or residents of the Subject Property regarding alleged design and/or construction defects and any resultant physical damage to the buildings, units and/or personal contents and, if so, describe in detail, (a) the nature and extent of each complaint; (b) the date of the complaint; (c) the name and address of the complainant, and (d) the location of the alleged defect and/or damage. ANSWER: 24 . Set forth whether the Association has in its possession, custody and/or control of any invoices, bills, receipts or other documents furnished to the Association by owners and/or residents of the Subject Property that reflects expenses incurred for labor, materials, equipment and/or supplies for the remediation, repairs and/or replacement arising from alleged design and/or construction defects caused and/or contributed to by the scope of work performed by the general contractor and/or subcontractors during the Subject Project and, if so, describe for each item (a) the description of the documents received; (b) the monetary amount reflected; (c) the name and address of the person(s) who furnished the item, (d) a description of the alleged defect and/or resultant damages and (e) a description of the nature and extent of any remediation, repair and/or replacement. ANSWER: - 14 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690 CASE NO. 2020-CA-002942-ON VERIFICATION STATE OF FLORIDA ) ) SS COUNTY OF ________________ ) I ___________________________ am the ______________________ of the Villas at Emerald Lake Homeowners Association, Inc.in the above- referenced matter. I reviewed the above Answers to Interrogatories and verify upon penalty of perjury that they are true and correct to the best of my knowledge. VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. By: Notary Public State of Florida My Commission Expires: - 15 - H AM I LT ON, MI L L E R & B I RT HI SE L, LLP 150 Southeast Second Avenue, Suite 120 0 , · Miami, Florida 33131 · Telephone: 30 5-379-368 6 · Facsimile: 30 5-379-3690