Preview
Filing # 138022979 E-Filed 11/05/2021 04:21:30 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida not for profit
corporation;
Plaintiff,
Case No.: 2020-CA-002942
Vv.
ROYAL OAK HOMES, LLC, a Florida limited
liability company; ADVANCED WRAPPING AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S CONCRETE, INC., a Florida corporation;
HUGH MACDONALD CONSTRUCTION, INC., a
Florida corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation;
PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. N/K/A TGK STUCCO, INC., a
Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS, INC. N/K/A WEINTRAUB
ENGINEERING AND INSPECTIONS, INC., a
Florida corporation; THE DIMILLO GROUP, LLC,
a Florida limited liability company; WOLF’S
IRRIGATIONS & LANDSCAPING, INC., a Florida
corporation; SUMMERPARK HOMES, INC., a
Florida corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation,
Defendants.
/
ROYAL OAK HOMES, LLC, a Florida limited
liability company;
Crossclaim Plaintiff,
Vv.
ADVANCE WRAPPING AND CONCRETE
SOLUTIONS OF CENTREL FLORIDA, INC., a
Florida Corporation; DON KING’S CONCRETE,
INC., a Florida Corporation; HUGH
MACDONALD CONSTRUCTION, INC., a Florida
corporation; IMPERIAL BUILDING
CORPORATION, a Florida corporation;
PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. N/K/A TGK STUCCO, INC., a
Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS, INC. N/K/A > WEINTRAUB
ENGINEERING AND INSPECTIONS, INC., a
Florida corporation; WOLF’S IRRIGATIONS &
LANDSCAPING, INC., a Florida corporation;
BROWN + COMPANY ARCHITECTURE, INC., a
Florida corporation,
Crossclaim Defendants.
DON KING’S CONCRETE, INC.,
Third-Party Plaintiff,
Vv.
LIOS CONCRETE CORP., a Florida corporation;
E.R.O. CONSTRUCTION, a Florida corporation;
and ATLANTIC CONCRETE SYSTEMS, INC., a
Florida Corporation,
Third-Party Defendants.
/
DON KING’S CONCRETE, INC.’S EXPERT WITNESS DISCLOSURE
NOW COMES Defendant/Crossclaim Defendant/Third-Party Plaintiff, DON
KING’S CONCRETE, INC. (“Don King’s”), by and through its undersigned counsel, and
hereby identifies the following individual to provide expert testimony in this matter:
1. Donna Friis, PE
Envista Forensics
Corporate Office
5565 Glenridge Connector
Suite 900
Atlanta, GA 30342
Ms. Friis is a Senior Project Engineer with Envista Forensics. Ms. Friis is
expected to testify and opine on matters expressed in the reports prepared by Plaintiff's
and Defendants’ experts to date, as well as the work performed by Don King’s and her
observations and inspection of the subject property. The Preliminary Opinion Report of
Ms. Friis is attached hereto as Exhibit “A”. Ms. Friis’ CV and qualifications are attached
hereto as Exhibit “B”.
2 Any expert witnesses disclosed by any other party to this action or named
in other documents.
3 Any experts necessary for rebuttal.
4 Don King’s reserves the right to amend and/or supplement this disclosure
and/or call such other expert witnesses as may be permitted under the Complex
Construction Case Management Order.
BUTLER WEIHMULLER KATZ CRAIG LLP
~
DENISE M. ANDERSON, ESQ.
Florida Bar No.: 0029602
danderson@butler.legal
DAVID A. MERCER, ESQ.
Florida Bar No.: 156035
dmercer@butler.legal
Secondary: krieck@pbutler.legal
tbarry@butler.legal
400 N. Ashley Drive, Suite 2300
Tampa, Florida 33602
Telephone: (813) 281-1900
Facsimile: (813) 281-0900
Attorneys for Defendant/Third-Party Plaintiff
Don King’s Concrete, Inc.
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing was electronically
filed with the Clerk of the Court by using the Florida E-Portal and that a true and correct
copy of the foregoing has been furnished to the following addressees and to all counsel
of record via the Florida E-Portal and/or Electronic Mail on this 5'" day of November,
2021.
Phillip E. Joseph, Esq. Lannie D. Hough Jr., Esq.
Evan J. Small, Esq. Robin Leavengood, Esq.
Allana D.E. Smith, Esq. James Michael Walls, Esq.
Jeffery A, Widelitz, Esq. Brian C. Porter, Esq.
Ball Janik, LLP Carlton Fields
201 E. Pine Street, Suite 600 4221 W. Boy Scout Blvd., Suite 1000
Orlando, Florida 32801 Tampa, Florida 33607
pjoseph@balljanik.com mwalls@carltonfields.com
esmall@balljanik.com rleavengood@carltonfields.com
jwidelitz@balljanik.com lhough@carltonfields.com
asmith@balljanik.com bporter@carltonfields.com
ypalmer@balljanik.com ejohnson@carltonfields.com
cbetancourt@balljanik.com nbonilla@carltonfields.com
bburton@balljanik.com bwoolard@carltonfields.com
dmiksell@balljanik.com
orlandodocket@balljanik.com Counsel for Royal Oak Homes, LLC
Counsel for Plaintiff
Paul Sidney Elliott, Esq. Peter J. Kapsales, Esq.
P.O, Box 274204 Margaret M. Efta, Esq.
Tampa, FL 33688-4204 Milne Law Group, P.A.
pse@psejd.com 301 E. Pine Street, Suite 525
Orlando, FL 32801
Counsel for Hugh MacDonald pkapsales@milnelawgroup.com
Construction, Inc. mefta@milnelawgroup.com
eservice@milnelawgroup.com
Counsel for Weathermaster Building
Products, Inc.
Thamir A.R. Kaddouri Jr., Esq. Timothy C. Ford, Esq.
Penelope T. Rowlett, Esq. Andrew E. Holway, Esq.
Beth Ann Tobey, Esq. Rocco Cafaro, Esq.
Law Office of Thamir A.R. Kaddouri, Jr., Hill Ward Henderson
P.A. 101 E. Kennedy Blvd., Suite 3700
3220 West Cypress Street Tampa, Florida 33602
Tampa, FL 33607 tim.ford@hwhlaw.com
Thamir.Kaddouri@tampalaw.org andrew.holway@hwhlaw.com
Service@TampaLaw.org tracy.coale@hwhlaw.com
kathy.wernsing@hwhlaw.com
Counsel for Imperial Building derrick.calandra@hwhlaw.com
Corporation rocco.cafaro@hwhlaw.com
Counsel for Weintraub Inspections &
Forensics, Inc. f/k/a Weintraub
Engineering and Inspections, Inc.
Jayne Ann Pittman, Esq. Bruce R. Calderon, Esq.
Conroy Simberg D. Bryan Hill, Esq.
Two South Orange Ave, Suite 300 Audra R. Creech, Esq.
Orlando, Florida 32801 Milber Makris Plousadis & Seiden, LLP
eserviceorl@conroysimberg.com 1900 NW Corporate Blvd, East Tower,
jpittman@conroysimberg.com Suite 440
mmaitland@conroysimberg.com Boca Raton, Florida 33431
eserviceorl@conroysimberg.com bcalderon@milbermakris.com
nfischer@conroysimberg.com dhill@milbermakris.com
acreech@milbermakris.com
Counsel for Advanced Wrapping and
Concrete Solutions of Central Florida, Counsel for Brown + Company
Inc. Architecture, Inc.
Denise M. Anderson, Esq. Denise M. Anderson, Esq.
Ashley Mattingly, Esq. David A. Mercer, Esq.
Butler Weihmuller Katz Craig, LLP Butler Weihmuller Katz Craig, LLP
400 N. Ashley Drive, Suite 2300 400 N. Ashley Drive, Suite 2300
Tampa, FL 33602 Tampa, FL 33602
danderson@butler.legal danderson@butler.legal
amattingly@butler.legal dmercer@butler.legal
jjacobs@butler.legal krieck@pbutler.legal
rjorge@butler.legal rjorge@butler.legal
tbarry@butler.legal
Counsel for Hugh MacDonald
Construction, Inc. Counsel for Don King’s Concrete, Inc
Scott Ross, Esq. Eric J. Netcher, Esq.
Groelle & Salmon, P.A. Walker, Revels, Greniger & Netcher, PLLC
1715 N. Westshore Blvd., Suite 320 189 S. Orange Ave., Suite 1830
Tampa, FL 33607 Orlando, FL 32801
gstcourtdocs@gspalaw.com enetcher@wrgn-law.com
sross@gspalaw.com hpaymayesh@wrgn-law.com
cebanks@gspalaw.com
mcoleman@gspalaw.com Counsel for All Glass Installations
Corp.
Counsel for Helberg Enterprises, LLC
Cole J. Copertino, Esq. Vicki Lambert, Esq.
Richard L. Russo, Esq. Alec Masson, Esq.
Wright, Fulford, Moorhead & Brown, P.A. Luks, Santaniello, Petrillo & Cohen
505 Maitland Avenue, Suite 1000 201 S. Orange Avenue, Suite 400
Altamont Springs, FL 32701 Orlando, FL 32801
ccopertino@wfmblaw.com LUKSORL-Pleadings@LS-Law.com
cbraungart@wfmblaw.com AMasson@insurancedefense.net
Iwilliams@wfmblaw.com JPestonit@insurancedefense.net
mrusso@wfbmlaw.com
Counsel for Casey Hawkins Glass, Inc.
Counsel for Well Hung Windows &
Doors, LLC
Michael D. Ruel, Esq. Andrew T. Marshall, Esq.
Brenden C. Collins, Esq. Hamilton, Price & Marshall, P.A.
Galloway, Johnson, Tompkins, Burr & 2400 Manatee Ave. W.
Smith, P.L.C. Bradenton, FL 34205
400 N. Ashley Dr., Suite 1000 Andrew@hamiltonpricelaw.com
Tampa, Florida 33602 Nancy@hamiltonpricelaw.com
tampaservice@gallowaylawfirm.com Kelsey@hamiltonpricelaw.com
mruel@gallowaylawfirm.com sara@hamiltonpricelaw.com
bcollins@gallowaylawfirm.com atmservice@hamiltonpricelaw.com
Counsel for Casey Hawkins Glass, Inc Counsel for T&M Construction of
Sanford, Inc.
Joseph L. Zollner, Esq. Chesley G. Moody, Jr. Esq.
Law Office of J. Christopher Norris Mai M. Lee, Esq.
PO Box 7217 Moody & Graf, P.A.
London, KY 40742 1101 N. Lake Destiny Road, Suite 200
FloridaCDLegalMail@LibertyMutual.com Maitland, FL 32751
joseph.zollner@libertymutual.com cmoody@moodygraf.com
mle@moodygraf.com
Counsel for Lios Concrete Corp. kpollak@moodygraf.com
tdixon@moodygraf.com
Counsel for Premier Plastering of
Central Florida, Inc.
Michael D. Ruel, Esq. Wayne M. Alder, Esq.
Kyle R. McNeal, Esq. Fisher Broyles, LLP.
Galloway, Johnson, Tompkins, Burr & 7668 NW 125" Way
Smith, P.L.C. Pompano Beach, FL 33076
400 N. Ashley Dr., Suite 1000 wayne.alder@fisherbroyles.com
Tampa, FL 33602 wmalder@bellsouth.net
Tampaservice@gallowaylawfirm.com
phowell@gallowaylawfirm.com
kmcneal@gallowaylawfirm.com Counsel for E.R.O. Construction
Counsel for Casey Hawkins Glass, Inc.
Nicole Seropian, Esq. Chesley G. Moody, Jr., Esq.
Jennifer Shippole, Esq. The Law Firm of Moody & Graf, P.A.
Law Office of Jennifer Shippole 1101 N. Lake Destiny Road, Suite 200
14050 NW 14" Street, Suite 180 Maitland, FL 32751
Sunrise, FL 33323 P: 407-755-6900
jlspleadings@fednat.com F: 407-755-6913
nseropian@fednat.com cmoody@moodygraf.com
jshippole@fednat.com kpollak@moodygraf.com
Counsel for Atlantic Concrete Systems, Counsel for Wolfs Irrigation &
Inc. Landscaping, Inc.
»a oN
DAVID A. MERCER, ESQ.
EN/ISTA
siren
FORENSICS
3914 US 301 North
Suite 800
Tampa, Florida 33619
TOUFREE 888.782.3473
envistaforensics.com
a
REPORT OF FINDINGS
DON KING’S CONCRETE, INC
Butler Weihmuller Katz Craig LLP
National Claim Services LLC Claim #: 54334
Capitol Specialty Insurance Corporation Claim #: 206141
North American Risk Services Claim #: TNHS20120027
Envista Matter No: MAT-122075-L2D5
REPORT DATE: November 5, 2021
Prepared For:
Mr. David Mercer
Butler Weihmuller Katz Craig LLP
400 North Ashley Drive, Suite 2300
Tampa, Florida 33602
dmercer@butler.legal
sue Rregpaosata escorts
tna! aa
ENVISTA RENSICS
Page 2 of 7
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
BACKGROUND
On October 14, 2021, Donna Friis, P.E. of Envista Forensics (Envista) inspected the Villas at Emerald
Lake townhomes located in Kissimmee, Florida at which Don King’s Concrete, Inc. (Don King’s Concrete)
performed work as a subcontractor to Royal Oak Homes, LLC (ROH), specifically construction of the
concrete foundations, concrete slabs, and concrete masonry walls.
There were twelve (12) two-story multifamily buildings at the Villas at Emerald Lake townhomes
development, the first two constructed were built by The Dimillo Group (TDG) and the remaining ten (10)
were built by ROH. Refer to Figure 1 for an aerial view of the project, which indicates the buildings
constructed by TDG and the unit numbers at the buildings constructed by ROH. In addition to the twelve
(12) multifamily buildings, there was a community pool house on the property. The two-story multifamily
buildings consisted of either 4-units or 8-units. The exterior walls consisted of concrete masonry frame
on the first story and wood frame on the second story. The exterior walls of the building were clad with
stucco. The interior walls and ceilings were predominantly covered with gypsum board (drywall).
According to the Osceola County, Florida Property Assessor's office, the buildings were constructed
between 2014 and 2017. An aerial view with corresponding building addresses and unit labels is provided
below for clarity and will be used to reference within the DISCUSSION section of this report.
FIGURE 1: Aerial View from Pictometry with Address and Unit Labels by Envista
rs
TDG
o
Homes Units
| a
170 177
ie
yal?
oh
|
oe
ee
ENVISTA enn
FORENSICS
Page 3 of 7
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
There were eighty-eight (88) condominium units in total. ROH construct seventy-six (76) condominium
units which are labelled as Units 110 through 149 and 162 through 197. Envista was granted access and
inspected the following townhomes: 2921 Sunstone Drive (Unit 193) and 2934 Tanzanite Terrace (Unit
121).
It was reported that there was uncontrolled cracking in the concrete slabs installed by Don King’s
Concrete.
See Attachment A, Photographs for additional photographs.
PURPOSE
Butler Weihmuller Katz Craig, LLP, on behalf of National Claim Services, LLC (Claim #: 54334), Capitol
Specialty Insurance Corporation (Claim #: 206141), and North American Risk Services (Claim #:
TNHS20120027), retained Envista to determine:
1 The cause of the reported cracks in the floor tile on the first floor.
2. The cause of the reported cracks in the concrete slab on the rear porch.
CONCLUSIONS
1 The cracks in the floor tile were a result of foot traffic on unbonded floor tiles and not a result of
reflective cracking from the concrete slab below.
The cracks in the concrete slab on the rear patios were anticipated and the width of the cracks
did not exceed industry standards. No evidence was provided to suggest these cracks were the
result of construction defects.
DOCUMENTS REVIEWED
The following documents and materials were reviewed and/or referenced as part of Envista's
investigation, and/or contain information pertinent to the discussion and conclusions presented herein:
1 Osceola County, Florida Property Assessor's office (URL): https://ira.property-
appraiser.org/PropertySearch/
2 CONNECTExplorer aerial imagery, URL: https://explorer.pictometry.com/login.php.
3 Complaint: Villas at Emerald Lake Homeowners Association, Inc V. Royal Oak Homes, LLC. Et
al including Don King’s Concrete, Inc., and stamped “Filing #117277917 e-filed 11/25/2020...”
(Complaint)
Engineering Assessment Report Villas at Emerald Lake by Marcon Forensics, dated April 28,
2020. (999 pages). This report was signed and sealed by Felix Martin but no date was provided
next to the signature. (2020 Marcon Report)
Engineering Assessment Report Villas at Emerald Lake by Marcon Forensics, dated April 1, 2021.
(999 pages). This report was signed and sealed by Felix Martin but no date was provided next to
the signature. (2021 Marcon Report)
Residential Construction Performance Guidelines for Professional Builders & Remodelers, Fourth
Edition by National Association of Home Builders, 2011. (Residential Construction Performance
Guidelines)
Design Drawings include Drawing Sheet S1 and signed by Larry Brown on 6-20-16.
2020 Florida Building Code- Residential, (URL): http:floridabuilding.org.
ENVISTA enn
FORENSICS
Page 4 of 7
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
DISCUSSION
Envista reviewed the Complaint to determine the allegations and claimed damages.
The Complaint states:
21. Upon information and belief, DON KING was responsible for all aspects of its scope of work
including, but not limited to, providing services and/or materials with respect to the concrete, slabs,
and masonry of the Townhomes developed by ROYAL OAK.
52. Defects and deficiencies associated with DON KING's scope of work include, but are not limited
to, the following:
a. Uncontrolled cracking of concrete slab.
Envista reviewed the 2021 Marcon Report to review evaluate any supporting evidence for the allegations
stated within the Complaint.
The 2021 Marcon Report states:
4.0 FLOORS
4,03 Slab on Grade
4.0301 Uncontrolled cracking of concrete slab.
2010 FRC R506.2.4
The lack of control joints in the floor slab is resulting in uncontrolled cracking that is
telegraphing through and cracking the floor tile.
Synopsis (Slab on Grade): The aggregate effect of the code violation/construction defect
listed above has contributed to the uncontrolled cracking of the interior slabs and floor tile.
For all buildings constructed under the 2101 FRC only, remove all floor finishes from entire
first-floor living areas. Epoxy pressure-inject all concrete slab cracks (including Garage).
Replace flooring and coat Garage floors.
R506.2.4 of the 2010 Florida Building Code _Residential Code states:
R506.2.4 Reinforcement support.
Where provided in slabs on ground, reinforcement shall be supported to remain in place
from the center to upper one third of the slab for the duration of the concrete placement.
No evidence of misplacement of rebar has been provided in the Complaint. No evidence of misplacement
of rebar has been provided in the 2021 Marcon Report. As such, there is no evidence to support the
conclusion that the construction of the slabs by Don King's Concrete was not in compliance with the code
section referenced by Marcon. It is Envista's opinion that this claim by Marcon is unsupported and without
merit.
If the 2021 Marcon Report intended to reference R506.2.5 of the 2010 Florida Building Code _Residential
Code, this section states:
R506. 2.5 Joints.
ENVISTA RENSICS
Page 5 of 7
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
Concrete slabs on ground shall be provided with joints in accordance with ACI 224.3R or
other approved methods. Joints shall be designed by an architect or engineer.
Exception: Joints are not required in unreinforced plain concrete slabs on ground or in
slabs for one- and two-family dwellings complying with one of the following......
The location, size, and type of joints are designed and designated by the Engineer/Architect of Record
and not the concrete subcontractor. In addition, no evidence of installation deficiencies has been provided
in the Complaint or in the 2021 Marcon Report.
The 2021 Marcon Report did not provide any photographs of cracks in the concrete slab in the living
areas. The referenced photographs were of cracks in the tile flooring. Envista performed a site visit and
was granted access to two (2) townhouse units. In these units, the cracks in the floor tile were pointed
out by the respective homeowners. The homeowners also pointed out pitting on the walking surface of
the floor tile. The observed cracks were hairline cracks and did not extend to an adjacent tile. In addition,
Marcon did not provide evidence that Marcon inspected the concrete slab in the living areas; therefore,
the claim that the concrete floor slab was exhibiting uncontrolled cracking at these areas is speculative,
is unfounded, and without merit.
The floor tile covering on the first floor in both units that access was granted was also inspected to
determine the existence and extent of un-bonded or partially un-bonded tiles. This activity was conducted
by sounding each tile by dragging a chain across the tile surface. Portions of the tile floor covering were
not sounded due to the presence of furniture, rugs, etc on the floor tile and areas that were not in the
same room as the reported crack in the floor tile. If the floor tile is well bonded to the concrete substrate,
it will have a solid sound. A hollow sound indicates that tiles are un-bonded or partially un-bonded. This
could be a result from tiles that had de-bonded or tiles that were never completely bonded to the substrate
or indicative of a system that intentionally separates the tile layer from the substrate, such as the mortar
bed, with a cleavage membrane system. Testing is not intended to be an accurate count of un-bonded
tiles, and the actual number is likely greater than the test results; however, the test does provide an
indication of the approximate location and extent of un-bonded tiles. Hollow sounding floor tiles were
noted sporadically throughout the residences as well as in the area of the crack tile. There were areas of
full and partially un-bonded tile in the vicinity of the cracked tile. The cracked tiles were consistent with
damage caused by foot traffic over un-bonded or de-bonded floor tiles. De-bonded floor tiles are
susceptible to cracking under foot traffic due to the uneven support. Differential expansion and
contraction of the tile and the floor underneath causes a failure (delamination/de-bonding) at any weak
areas in the bond of the tile to the floor. In addition, improper installation of the floor tile includes surface
preparation, depth and/or coverage of mortar, water to cement ratio, time frame of application, improper
allowance for expansion and contraction, improper joints and/or joint locations, etc) can cause fully
unbonded tiles, partially un-bonded tiles, and previously bonded tiles to de-bond.
As noted previously, the observed tile cracks were hairline in width and did not extend across adjacent
tiles. In reflective cracking of the floor tile, the floor tile is firmly bonded to the concrete and the crack in
the concrete is reflected through the floor tile. The observed cracks in the floor tile did not span over
multiple tiles, which is not consistent with reflective cracking but is consistent with a cracking caused by
partially un-bonded and/or fully un-bonded floor tile. In addition, there were multiple floor tiles surrounding
the crack floor tile, which were partially un-bonded and/or fully un-bonded. This is not consistent with a
reflective crack but is consistent with a crack caused by partially un-bonded and/or fully un-bonded floor
tile.
ENVISTA RENSICS
Page 6 of 7
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
Based on the aforementioned observations and conditions, Envista concluded that the cracks in the floor
tile were a result of foot traffic on unbonded floor tiles and not a result of reflective cracking from the
concrete slab below.
The 2021 Marcon report did not provide measurements for any crack in the exposed portions of the
concrete slabs on the rear patio. During Envista’s site visit, the throats of the cracks in the concrete slabs
at the rear patios measured less than 3/16” with the majority of the cracks being hairline cracks.
The Residential Construction Performance Guidelines is an construction industry performance standard
published by the National Association of Home Builders and establishes acceptable limits for crack widths
in residential construction.
2-2-4 Observation: The concrete floor slab is cracked.
Performance Guideline: Minor cracks in concrete floor slabs are normal. Cracks exceeding 3/16
inch in width or 3/16 inch in vertical displacement will be repaired if the slab is in conditioned
space or the crack interferes with the installation of finish flooring.
Corrective Measure: The contractor will repair cracks that do not meet the performance guideline
using a material designed to fill cracks in concrete.
Drawing Sheet S1 and signed by Larry Brown on 6-20-16, called out the reinforcement in the four-inch-
thick slab as REINF: W/6x6 #10/10WWM or Fibermesh. No joints were called out in the patio area of the
concrete slabs in the Design Drawings. As such, the construction of the slabs by Don King's Concrete
complied with the requirements of the approved construction documents. Furthermore, the alleged lack
of adequate control joints to control cracking is due to the lack of such requirements in the construction
documents and is not the result of any improper construction by Don King's Concrete.
No evidence of installation deficiencies by Don King’s Concrete has been provided in the Complaint. No
evidence of installation deficiencies Don King’s Concrete has been provided in the 2021 Marcon Report.
As such, it is Envista's opinion that these claims were unfounded and without merit.
Based on the aforementioned observations and conditions, Envista concluded that the cracks in the
concrete slab on the rear patios were anticipated and the width of the cracks did not exceed industry
standards. No evidence was provided to suggest these cracks were the result of installation deficiencies.
Attachment A, Photographs contains photographs relevant to this discussion.
ENVISTA RENSICS
Page 7 of 7
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
CLOSURE
This report is for the exclusive use of our client and is not intended for any other purpose. Our report is
based on information made available to us at this time. Should additional information become available,
we reserve the right to determine the impact, if any, of the new information on our opinions and
conclusions and to revise our opinions and conclusions if necessary and warranted by the discovery of
additional information
Envista Forensics, LLC (FL Registry #32428)
This item has been digitally signed and sealed by Donna Friis, P.E. on the date adjacent to the seal
Printed copies of this document are not considered signed and sealed and the signature must be verified
on any electronic copies.
\ttliay,
tt
wat)entstaes Fx,
Oneay
ey
No 57454
? tk S
ia
BD STATE OF Me
20, wos LesbiansCon
SGhOteeeeneyo.
at Os <=
“nN; Si)
ONAL we
“Anyi November 5, 2021 Technical Review By:
Donna Friis, P.E. J. Andrew Guerra, P.E. (S.E. in CA)
Principal Consultant, Construction Technical Lead, Construction
Engineer of Record
FL P.E. License No. 57454
Attachment A, Photographs
ENJISTA
parent
“FORENSICS
inn
Envista Matter No: MAT-122075-L2D5
Butler Weihmuller Katz Craig LLP
ATTACHMENT A
Photographs
Photographs taken during our inspection, which have not been included in this report, have been retained
in our files and will be made available to you upon your request. Note that the brightness and/or contrast
of some photographs may have been enhanced for purposes of clarity. Some photographs may be
cropped from their original sizes in order to emphasize a specific item or feature. No significant changes
to any photographs were made that would alter factual representations.
EN STA seamin om
FORENSICS
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
EAS
Photograph 1.
Se
au
=
apes
Sl, ce
i“
Aue
Hl — Ce
. a
pes a
space
soe
ioe
-
. a
ed nee ae ie ao
View of the front elevation of a building with four unit .
wes
Photograph 2.
-
ae
— a
poe ——
=a .
a
—
i
o
.
i
- :
View of the front elevation of a building with eight is.
EN eam
liSTA
FORENSICS
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
my
Photograph 3.
.
- sD
2
View of chip in floor tile and crack in floor tile at 2934 Tanzanite Terrace.
Photograph 4.
View of two cracks in a floor tile at 2921 Sunstone Drive.
EN eam
liSTA
FORENSICS
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
Photograph 5.
4
View of two cracks in a floor tile at 2921 Sunstone Drive.
ses ste ese
Photograph 6. e
oe
ee
<
View of two cracks in a floor tile at 2921 Sunstone Drive.
EN STA seamin om
FORENSICS
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
Photograph 7.
—
-
- os
-
=
View of a crack in the concrete patio slab at 2934 Tanzanite Terrace.
Photograph 8. - -
. oe
S
2 — i
oo*
=
o
View of a crack in the concrete patio slab at 2934 Tanzanite Terrace.
EN eam
liSTA
FORENSICS
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
osm ae op
Photograph 9. -
i -
. a
a
2 ot
_
ao
a
a
eS os
View ofa crack the concrete patio slab at 2934 Tanzanite Terrace.
Photograph 10.
=
So
ce
=
a S
View of a crack in the concrete patio slab at 2934 Tanzanite Terra ce.
EN STA seamin om
FORENSICS
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
Photograph 11. Hif
i
eh i
.
ee
mtg =~
i, 3 42 ‘i
2 3 oS
ae i,
is os
ie oe as a8
-
is HS
fsce 3
uy 4 2 i ve
x
we i eal ia
wt Pes Mis wy oe)
View of a crack in the ce oncrete pai tio slab at 2 921 Su ns tone Drive.
os
Photograph 12. ote
ae
—
— .
View of a crack in the concrete patio slab at 2921 Sunstone Drive.
ENVISTAcenit
FORENSICS.
Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5
Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP
Photograph 13.
y ay
: ‘ oe
Lp
Gs
o
Lp iya :
@ "Oy,
“Se
Lis
“My ‘ily .
.
oe
ieo BES noth oh
View of a crack in the concrete ‘patio slab at 2921 Sunstone Drive.
Photograph 14.
Fi Es fay
uy
a nt
caf
ao
os
o,eo 28 eeRe
ce ey
Ff ees
- a
ay
Preview
Filing # 138022979 E-Filed 11/05/2021 04:21:30 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation; Plaintiff, Case No.: 2020-CA-002942 Vv. ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATIONS & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation, Defendants. / ROYAL OAK HOMES, LLC, a Florida limited liability company; Crossclaim Plaintiff, Vv. ADVANCE WRAPPING AND CONCRETE SOLUTIONS OF CENTREL FLORIDA, INC., a Florida Corporation; DON KING’S CONCRETE, INC., a Florida Corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. N/K/A TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. N/K/A > WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; WOLF’S IRRIGATIONS & LANDSCAPING, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation, Crossclaim Defendants. DON KING’S CONCRETE, INC., Third-Party Plaintiff, Vv. LIOS CONCRETE CORP., a Florida corporation; E.R.O. CONSTRUCTION, a Florida corporation; and ATLANTIC CONCRETE SYSTEMS, INC., a Florida Corporation, Third-Party Defendants. / DON KING’S CONCRETE, INC.’S EXPERT WITNESS DISCLOSURE NOW COMES Defendant/Crossclaim Defendant/Third-Party Plaintiff, DON KING’S CONCRETE, INC. (“Don King’s”), by and through its undersigned counsel, and hereby identifies the following individual to provide expert testimony in this matter: 1. Donna Friis, PE Envista Forensics Corporate Office 5565 Glenridge Connector Suite 900 Atlanta, GA 30342 Ms. Friis is a Senior Project Engineer with Envista Forensics. Ms. Friis is expected to testify and opine on matters expressed in the reports prepared by Plaintiff's and Defendants’ experts to date, as well as the work performed by Don King’s and her observations and inspection of the subject property. The Preliminary Opinion Report of Ms. Friis is attached hereto as Exhibit “A”. Ms. Friis’ CV and qualifications are attached hereto as Exhibit “B”. 2 Any expert witnesses disclosed by any other party to this action or named in other documents. 3 Any experts necessary for rebuttal. 4 Don King’s reserves the right to amend and/or supplement this disclosure and/or call such other expert witnesses as may be permitted under the Complex Construction Case Management Order. BUTLER WEIHMULLER KATZ CRAIG LLP ~ DENISE M. ANDERSON, ESQ. Florida Bar No.: 0029602 danderson@butler.legal DAVID A. MERCER, ESQ. Florida Bar No.: 156035 dmercer@butler.legal Secondary: krieck@pbutler.legal tbarry@butler.legal 400 N. Ashley Drive, Suite 2300 Tampa, Florida 33602 Telephone: (813) 281-1900 Facsimile: (813) 281-0900 Attorneys for Defendant/Third-Party Plaintiff Don King’s Concrete, Inc. CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing was electronically filed with the Clerk of the Court by using the Florida E-Portal and that a true and correct copy of the foregoing has been furnished to the following addressees and to all counsel of record via the Florida E-Portal and/or Electronic Mail on this 5'" day of November, 2021. Phillip E. Joseph, Esq. Lannie D. Hough Jr., Esq. Evan J. Small, Esq. Robin Leavengood, Esq. Allana D.E. Smith, Esq. James Michael Walls, Esq. Jeffery A, Widelitz, Esq. Brian C. Porter, Esq. Ball Janik, LLP Carlton Fields 201 E. Pine Street, Suite 600 4221 W. Boy Scout Blvd., Suite 1000 Orlando, Florida 32801 Tampa, Florida 33607 pjoseph@balljanik.com mwalls@carltonfields.com esmall@balljanik.com rleavengood@carltonfields.com jwidelitz@balljanik.com lhough@carltonfields.com asmith@balljanik.com bporter@carltonfields.com ypalmer@balljanik.com ejohnson@carltonfields.com cbetancourt@balljanik.com nbonilla@carltonfields.com bburton@balljanik.com bwoolard@carltonfields.com dmiksell@balljanik.com orlandodocket@balljanik.com Counsel for Royal Oak Homes, LLC Counsel for Plaintiff Paul Sidney Elliott, Esq. Peter J. Kapsales, Esq. P.O, Box 274204 Margaret M. Efta, Esq. Tampa, FL 33688-4204 Milne Law Group, P.A. pse@psejd.com 301 E. Pine Street, Suite 525 Orlando, FL 32801 Counsel for Hugh MacDonald pkapsales@milnelawgroup.com Construction, Inc. mefta@milnelawgroup.com eservice@milnelawgroup.com Counsel for Weathermaster Building Products, Inc. Thamir A.R. Kaddouri Jr., Esq. Timothy C. Ford, Esq. Penelope T. Rowlett, Esq. Andrew E. Holway, Esq. Beth Ann Tobey, Esq. Rocco Cafaro, Esq. Law Office of Thamir A.R. Kaddouri, Jr., Hill Ward Henderson P.A. 101 E. Kennedy Blvd., Suite 3700 3220 West Cypress Street Tampa, Florida 33602 Tampa, FL 33607 tim.ford@hwhlaw.com Thamir.Kaddouri@tampalaw.org andrew.holway@hwhlaw.com Service@TampaLaw.org tracy.coale@hwhlaw.com kathy.wernsing@hwhlaw.com Counsel for Imperial Building derrick.calandra@hwhlaw.com Corporation rocco.cafaro@hwhlaw.com Counsel for Weintraub Inspections & Forensics, Inc. f/k/a Weintraub Engineering and Inspections, Inc. Jayne Ann Pittman, Esq. Bruce R. Calderon, Esq. Conroy Simberg D. Bryan Hill, Esq. Two South Orange Ave, Suite 300 Audra R. Creech, Esq. Orlando, Florida 32801 Milber Makris Plousadis & Seiden, LLP eserviceorl@conroysimberg.com 1900 NW Corporate Blvd, East Tower, jpittman@conroysimberg.com Suite 440 mmaitland@conroysimberg.com Boca Raton, Florida 33431 eserviceorl@conroysimberg.com bcalderon@milbermakris.com nfischer@conroysimberg.com dhill@milbermakris.com acreech@milbermakris.com Counsel for Advanced Wrapping and Concrete Solutions of Central Florida, Counsel for Brown + Company Inc. Architecture, Inc. Denise M. Anderson, Esq. Denise M. Anderson, Esq. Ashley Mattingly, Esq. David A. Mercer, Esq. Butler Weihmuller Katz Craig, LLP Butler Weihmuller Katz Craig, LLP 400 N. Ashley Drive, Suite 2300 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 Tampa, FL 33602 danderson@butler.legal danderson@butler.legal amattingly@butler.legal dmercer@butler.legal jjacobs@butler.legal krieck@pbutler.legal rjorge@butler.legal rjorge@butler.legal tbarry@butler.legal Counsel for Hugh MacDonald Construction, Inc. Counsel for Don King’s Concrete, Inc Scott Ross, Esq. Eric J. Netcher, Esq. Groelle & Salmon, P.A. Walker, Revels, Greniger & Netcher, PLLC 1715 N. Westshore Blvd., Suite 320 189 S. Orange Ave., Suite 1830 Tampa, FL 33607 Orlando, FL 32801 gstcourtdocs@gspalaw.com enetcher@wrgn-law.com sross@gspalaw.com hpaymayesh@wrgn-law.com cebanks@gspalaw.com mcoleman@gspalaw.com Counsel for All Glass Installations Corp. Counsel for Helberg Enterprises, LLC Cole J. Copertino, Esq. Vicki Lambert, Esq. Richard L. Russo, Esq. Alec Masson, Esq. Wright, Fulford, Moorhead & Brown, P.A. Luks, Santaniello, Petrillo & Cohen 505 Maitland Avenue, Suite 1000 201 S. Orange Avenue, Suite 400 Altamont Springs, FL 32701 Orlando, FL 32801 ccopertino@wfmblaw.com LUKSORL-Pleadings@LS-Law.com cbraungart@wfmblaw.com AMasson@insurancedefense.net Iwilliams@wfmblaw.com JPestonit@insurancedefense.net mrusso@wfbmlaw.com Counsel for Casey Hawkins Glass, Inc. Counsel for Well Hung Windows & Doors, LLC Michael D. Ruel, Esq. Andrew T. Marshall, Esq. Brenden C. Collins, Esq. Hamilton, Price & Marshall, P.A. Galloway, Johnson, Tompkins, Burr & 2400 Manatee Ave. W. Smith, P.L.C. Bradenton, FL 34205 400 N. Ashley Dr., Suite 1000 Andrew@hamiltonpricelaw.com Tampa, Florida 33602 Nancy@hamiltonpricelaw.com tampaservice@gallowaylawfirm.com Kelsey@hamiltonpricelaw.com mruel@gallowaylawfirm.com sara@hamiltonpricelaw.com bcollins@gallowaylawfirm.com atmservice@hamiltonpricelaw.com Counsel for Casey Hawkins Glass, Inc Counsel for T&M Construction of Sanford, Inc. Joseph L. Zollner, Esq. Chesley G. Moody, Jr. Esq. Law Office of J. Christopher Norris Mai M. Lee, Esq. PO Box 7217 Moody & Graf, P.A. London, KY 40742 1101 N. Lake Destiny Road, Suite 200 FloridaCDLegalMail@LibertyMutual.com Maitland, FL 32751 joseph.zollner@libertymutual.com cmoody@moodygraf.com mle@moodygraf.com Counsel for Lios Concrete Corp. kpollak@moodygraf.com tdixon@moodygraf.com Counsel for Premier Plastering of Central Florida, Inc. Michael D. Ruel, Esq. Wayne M. Alder, Esq. Kyle R. McNeal, Esq. Fisher Broyles, LLP. Galloway, Johnson, Tompkins, Burr & 7668 NW 125" Way Smith, P.L.C. Pompano Beach, FL 33076 400 N. Ashley Dr., Suite 1000 wayne.alder@fisherbroyles.com Tampa, FL 33602 wmalder@bellsouth.net Tampaservice@gallowaylawfirm.com phowell@gallowaylawfirm.com kmcneal@gallowaylawfirm.com Counsel for E.R.O. Construction Counsel for Casey Hawkins Glass, Inc. Nicole Seropian, Esq. Chesley G. Moody, Jr., Esq. Jennifer Shippole, Esq. The Law Firm of Moody & Graf, P.A. Law Office of Jennifer Shippole 1101 N. Lake Destiny Road, Suite 200 14050 NW 14" Street, Suite 180 Maitland, FL 32751 Sunrise, FL 33323 P: 407-755-6900 jlspleadings@fednat.com F: 407-755-6913 nseropian@fednat.com cmoody@moodygraf.com jshippole@fednat.com kpollak@moodygraf.com Counsel for Atlantic Concrete Systems, Counsel for Wolfs Irrigation & Inc. Landscaping, Inc. »a oN DAVID A. MERCER, ESQ. EN/ISTA siren FORENSICS 3914 US 301 North Suite 800 Tampa, Florida 33619 TOUFREE 888.782.3473 envistaforensics.com a REPORT OF FINDINGS DON KING’S CONCRETE, INC Butler Weihmuller Katz Craig LLP National Claim Services LLC Claim #: 54334 Capitol Specialty Insurance Corporation Claim #: 206141 North American Risk Services Claim #: TNHS20120027 Envista Matter No: MAT-122075-L2D5 REPORT DATE: November 5, 2021 Prepared For: Mr. David Mercer Butler Weihmuller Katz Craig LLP 400 North Ashley Drive, Suite 2300 Tampa, Florida 33602 dmercer@butler.legal sue Rregpaosata escorts tna! aa ENVISTA RENSICS Page 2 of 7 Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP BACKGROUND On October 14, 2021, Donna Friis, P.E. of Envista Forensics (Envista) inspected the Villas at Emerald Lake townhomes located in Kissimmee, Florida at which Don King’s Concrete, Inc. (Don King’s Concrete) performed work as a subcontractor to Royal Oak Homes, LLC (ROH), specifically construction of the concrete foundations, concrete slabs, and concrete masonry walls. There were twelve (12) two-story multifamily buildings at the Villas at Emerald Lake townhomes development, the first two constructed were built by The Dimillo Group (TDG) and the remaining ten (10) were built by ROH. Refer to Figure 1 for an aerial view of the project, which indicates the buildings constructed by TDG and the unit numbers at the buildings constructed by ROH. In addition to the twelve (12) multifamily buildings, there was a community pool house on the property. The two-story multifamily buildings consisted of either 4-units or 8-units. The exterior walls consisted of concrete masonry frame on the first story and wood frame on the second story. The exterior walls of the building were clad with stucco. The interior walls and ceilings were predominantly covered with gypsum board (drywall). According to the Osceola County, Florida Property Assessor's office, the buildings were constructed between 2014 and 2017. An aerial view with corresponding building addresses and unit labels is provided below for clarity and will be used to reference within the DISCUSSION section of this report. FIGURE 1: Aerial View from Pictometry with Address and Unit Labels by Envista rs TDG o Homes Units | a 170 177 ie yal? oh | oe ee ENVISTA enn FORENSICS Page 3 of 7 Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP There were eighty-eight (88) condominium units in total. ROH construct seventy-six (76) condominium units which are labelled as Units 110 through 149 and 162 through 197. Envista was granted access and inspected the following townhomes: 2921 Sunstone Drive (Unit 193) and 2934 Tanzanite Terrace (Unit 121). It was reported that there was uncontrolled cracking in the concrete slabs installed by Don King’s Concrete. See Attachment A, Photographs for additional photographs. PURPOSE Butler Weihmuller Katz Craig, LLP, on behalf of National Claim Services, LLC (Claim #: 54334), Capitol Specialty Insurance Corporation (Claim #: 206141), and North American Risk Services (Claim #: TNHS20120027), retained Envista to determine: 1 The cause of the reported cracks in the floor tile on the first floor. 2. The cause of the reported cracks in the concrete slab on the rear porch. CONCLUSIONS 1 The cracks in the floor tile were a result of foot traffic on unbonded floor tiles and not a result of reflective cracking from the concrete slab below. The cracks in the concrete slab on the rear patios were anticipated and the width of the cracks did not exceed industry standards. No evidence was provided to suggest these cracks were the result of construction defects. DOCUMENTS REVIEWED The following documents and materials were reviewed and/or referenced as part of Envista's investigation, and/or contain information pertinent to the discussion and conclusions presented herein: 1 Osceola County, Florida Property Assessor's office (URL): https://ira.property- appraiser.org/PropertySearch/ 2 CONNECTExplorer aerial imagery, URL: https://explorer.pictometry.com/login.php. 3 Complaint: Villas at Emerald Lake Homeowners Association, Inc V. Royal Oak Homes, LLC. Et al including Don King’s Concrete, Inc., and stamped “Filing #117277917 e-filed 11/25/2020...” (Complaint) Engineering Assessment Report Villas at Emerald Lake by Marcon Forensics, dated April 28, 2020. (999 pages). This report was signed and sealed by Felix Martin but no date was provided next to the signature. (2020 Marcon Report) Engineering Assessment Report Villas at Emerald Lake by Marcon Forensics, dated April 1, 2021. (999 pages). This report was signed and sealed by Felix Martin but no date was provided next to the signature. (2021 Marcon Report) Residential Construction Performance Guidelines for Professional Builders & Remodelers, Fourth Edition by National Association of Home Builders, 2011. (Residential Construction Performance Guidelines) Design Drawings include Drawing Sheet S1 and signed by Larry Brown on 6-20-16. 2020 Florida Building Code- Residential, (URL): http:floridabuilding.org. ENVISTA enn FORENSICS Page 4 of 7 Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP DISCUSSION Envista reviewed the Complaint to determine the allegations and claimed damages. The Complaint states: 21. Upon information and belief, DON KING was responsible for all aspects of its scope of work including, but not limited to, providing services and/or materials with respect to the concrete, slabs, and masonry of the Townhomes developed by ROYAL OAK. 52. Defects and deficiencies associated with DON KING's scope of work include, but are not limited to, the following: a. Uncontrolled cracking of concrete slab. Envista reviewed the 2021 Marcon Report to review evaluate any supporting evidence for the allegations stated within the Complaint. The 2021 Marcon Report states: 4.0 FLOORS 4,03 Slab on Grade 4.0301 Uncontrolled cracking of concrete slab. 2010 FRC R506.2.4 The lack of control joints in the floor slab is resulting in uncontrolled cracking that is telegraphing through and cracking the floor tile. Synopsis (Slab on Grade): The aggregate effect of the code violation/construction defect listed above has contributed to the uncontrolled cracking of the interior slabs and floor tile. For all buildings constructed under the 2101 FRC only, remove all floor finishes from entire first-floor living areas. Epoxy pressure-inject all concrete slab cracks (including Garage). Replace flooring and coat Garage floors. R506.2.4 of the 2010 Florida Building Code _Residential Code states: R506.2.4 Reinforcement support. Where provided in slabs on ground, reinforcement shall be supported to remain in place from the center to upper one third of the slab for the duration of the concrete placement. No evidence of misplacement of rebar has been provided in the Complaint. No evidence of misplacement of rebar has been provided in the 2021 Marcon Report. As such, there is no evidence to support the conclusion that the construction of the slabs by Don King's Concrete was not in compliance with the code section referenced by Marcon. It is Envista's opinion that this claim by Marcon is unsupported and without merit. If the 2021 Marcon Report intended to reference R506.2.5 of the 2010 Florida Building Code _Residential Code, this section states: R506. 2.5 Joints. ENVISTA RENSICS Page 5 of 7 Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP Concrete slabs on ground shall be provided with joints in accordance with ACI 224.3R or other approved methods. Joints shall be designed by an architect or engineer. Exception: Joints are not required in unreinforced plain concrete slabs on ground or in slabs for one- and two-family dwellings complying with one of the following...... The location, size, and type of joints are designed and designated by the Engineer/Architect of Record and not the concrete subcontractor. In addition, no evidence of installation deficiencies has been provided in the Complaint or in the 2021 Marcon Report. The 2021 Marcon Report did not provide any photographs of cracks in the concrete slab in the living areas. The referenced photographs were of cracks in the tile flooring. Envista performed a site visit and was granted access to two (2) townhouse units. In these units, the cracks in the floor tile were pointed out by the respective homeowners. The homeowners also pointed out pitting on the walking surface of the floor tile. The observed cracks were hairline cracks and did not extend to an adjacent tile. In addition, Marcon did not provide evidence that Marcon inspected the concrete slab in the living areas; therefore, the claim that the concrete floor slab was exhibiting uncontrolled cracking at these areas is speculative, is unfounded, and without merit. The floor tile covering on the first floor in both units that access was granted was also inspected to determine the existence and extent of un-bonded or partially un-bonded tiles. This activity was conducted by sounding each tile by dragging a chain across the tile surface. Portions of the tile floor covering were not sounded due to the presence of furniture, rugs, etc on the floor tile and areas that were not in the same room as the reported crack in the floor tile. If the floor tile is well bonded to the concrete substrate, it will have a solid sound. A hollow sound indicates that tiles are un-bonded or partially un-bonded. This could be a result from tiles that had de-bonded or tiles that were never completely bonded to the substrate or indicative of a system that intentionally separates the tile layer from the substrate, such as the mortar bed, with a cleavage membrane system. Testing is not intended to be an accurate count of un-bonded tiles, and the actual number is likely greater than the test results; however, the test does provide an indication of the approximate location and extent of un-bonded tiles. Hollow sounding floor tiles were noted sporadically throughout the residences as well as in the area of the crack tile. There were areas of full and partially un-bonded tile in the vicinity of the cracked tile. The cracked tiles were consistent with damage caused by foot traffic over un-bonded or de-bonded floor tiles. De-bonded floor tiles are susceptible to cracking under foot traffic due to the uneven support. Differential expansion and contraction of the tile and the floor underneath causes a failure (delamination/de-bonding) at any weak areas in the bond of the tile to the floor. In addition, improper installation of the floor tile includes surface preparation, depth and/or coverage of mortar, water to cement ratio, time frame of application, improper allowance for expansion and contraction, improper joints and/or joint locations, etc) can cause fully unbonded tiles, partially un-bonded tiles, and previously bonded tiles to de-bond. As noted previously, the observed tile cracks were hairline in width and did not extend across adjacent tiles. In reflective cracking of the floor tile, the floor tile is firmly bonded to the concrete and the crack in the concrete is reflected through the floor tile. The observed cracks in the floor tile did not span over multiple tiles, which is not consistent with reflective cracking but is consistent with a cracking caused by partially un-bonded and/or fully un-bonded floor tile. In addition, there were multiple floor tiles surrounding the crack floor tile, which were partially un-bonded and/or fully un-bonded. This is not consistent with a reflective crack but is consistent with a crack caused by partially un-bonded and/or fully un-bonded floor tile. ENVISTA RENSICS Page 6 of 7 Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP Based on the aforementioned observations and conditions, Envista concluded that the cracks in the floor tile were a result of foot traffic on unbonded floor tiles and not a result of reflective cracking from the concrete slab below. The 2021 Marcon report did not provide measurements for any crack in the exposed portions of the concrete slabs on the rear patio. During Envista’s site visit, the throats of the cracks in the concrete slabs at the rear patios measured less than 3/16” with the majority of the cracks being hairline cracks. The Residential Construction Performance Guidelines is an construction industry performance standard published by the National Association of Home Builders and establishes acceptable limits for crack widths in residential construction. 2-2-4 Observation: The concrete floor slab is cracked. Performance Guideline: Minor cracks in concrete floor slabs are normal. Cracks exceeding 3/16 inch in width or 3/16 inch in vertical displacement will be repaired if the slab is in conditioned space or the crack interferes with the installation of finish flooring. Corrective Measure: The contractor will repair cracks that do not meet the performance guideline using a material designed to fill cracks in concrete. Drawing Sheet S1 and signed by Larry Brown on 6-20-16, called out the reinforcement in the four-inch- thick slab as REINF: W/6x6 #10/10WWM or Fibermesh. No joints were called out in the patio area of the concrete slabs in the Design Drawings. As such, the construction of the slabs by Don King's Concrete complied with the requirements of the approved construction documents. Furthermore, the alleged lack of adequate control joints to control cracking is due to the lack of such requirements in the construction documents and is not the result of any improper construction by Don King's Concrete. No evidence of installation deficiencies by Don King’s Concrete has been provided in the Complaint. No evidence of installation deficiencies Don King’s Concrete has been provided in the 2021 Marcon Report. As such, it is Envista's opinion that these claims were unfounded and without merit. Based on the aforementioned observations and conditions, Envista concluded that the cracks in the concrete slab on the rear patios were anticipated and the width of the cracks did not exceed industry standards. No evidence was provided to suggest these cracks were the result of installation deficiencies. Attachment A, Photographs contains photographs relevant to this discussion. ENVISTA RENSICS Page 7 of 7 Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP CLOSURE This report is for the exclusive use of our client and is not intended for any other purpose. Our report is based on information made available to us at this time. Should additional information become available, we reserve the right to determine the impact, if any, of the new information on our opinions and conclusions and to revise our opinions and conclusions if necessary and warranted by the discovery of additional information Envista Forensics, LLC (FL Registry #32428) This item has been digitally signed and sealed by Donna Friis, P.E. on the date adjacent to the seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. \ttliay, tt wat)entstaes Fx, Oneay ey No 57454 ? tk S ia BD STATE OF Me 20, wos LesbiansCon SGhOteeeeneyo. at Os <= “nN; Si) ONAL we “Anyi November 5, 2021 Technical Review By: Donna Friis, P.E. J. Andrew Guerra, P.E. (S.E. in CA) Principal Consultant, Construction Technical Lead, Construction Engineer of Record FL P.E. License No. 57454 Attachment A, Photographs ENJISTA parent “FORENSICS inn Envista Matter No: MAT-122075-L2D5 Butler Weihmuller Katz Craig LLP ATTACHMENT A Photographs Photographs taken during our inspection, which have not been included in this report, have been retained in our files and will be made available to you upon your request. Note that the brightness and/or contrast of some photographs may have been enhanced for purposes of clarity. Some photographs may be cropped from their original sizes in order to emphasize a specific item or feature. No significant changes to any photographs were made that would alter factual representations. EN STA seamin om FORENSICS Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP EAS Photograph 1. Se au = apes Sl, ce i“ Aue Hl — Ce . a pes a space soe ioe - . a ed nee ae ie ao View of the front elevation of a building with four unit . wes Photograph 2. - ae — a poe —— =a . a — i o . i - : View of the front elevation of a building with eight is. EN eam liSTA FORENSICS Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP my Photograph 3. . - sD 2 View of chip in floor tile and crack in floor tile at 2934 Tanzanite Terrace. Photograph 4. View of two cracks in a floor tile at 2921 Sunstone Drive. EN eam liSTA FORENSICS Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP Photograph 5. 4 View of two cracks in a floor tile at 2921 Sunstone Drive. ses ste ese Photograph 6. e oe ee < View of two cracks in a floor tile at 2921 Sunstone Drive. EN STA seamin om FORENSICS Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP Photograph 7. — - - os - = View of a crack in the concrete patio slab at 2934 Tanzanite Terrace. Photograph 8. - - . oe S 2 — i oo* = o View of a crack in the concrete patio slab at 2934 Tanzanite Terrace. EN eam liSTA FORENSICS Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP osm ae op Photograph 9. - i - . a a 2 ot _ ao a a eS os View ofa crack the concrete patio slab at 2934 Tanzanite Terrace. Photograph 10. = So ce = a S View of a crack in the concrete patio slab at 2934 Tanzanite Terra ce. EN STA seamin om FORENSICS Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP Photograph 11. Hif i eh i . ee mtg =~ i, 3 42 ‘i 2 3 oS ae i, is os ie oe as a8 - is HS fsce 3 uy 4 2 i ve x we i eal ia wt Pes Mis wy oe) View of a crack in the ce oncrete pai tio slab at 2 921 Su ns tone Drive. os Photograph 12. ote ae — — . View of a crack in the concrete patio slab at 2921 Sunstone Drive. ENVISTAcenit FORENSICS. Insured: Don King’s Concrete Envista Matter No: MAT-122075-L2D5 Location: Kissimmee, Florida Butler Weihmuller Katz Craig LLP Photograph 13. y ay : ‘ oe Lp Gs o Lp iya : @ "Oy, “Se Lis “My ‘ily . . oe ieo BES noth oh View of a crack in the concrete ‘patio slab at 2921 Sunstone Drive. Photograph 14. Fi Es fay uy a nt caf ao os o,eo 28 eeRe ce ey Ff ees - a ay