Document for VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 134379084 E-Filed 09/10/2021 03:12:42 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,

          Vv.                                                                    CASE NO.: 2020-CA-002942-ON

          ROYAL OAK HOMES, LLC, a Florida limited
          liability company, f/k/a AVH ACQUISITION LLC;
          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.   ni/k/a      WEINTRAUB
          ENGINEERING AND INSPECTIONS, INC., a
          Florida corporation; THE DIMILLO GROUP,                     LLC,
          a     Florida      limited   liability     company;     WOLF’S
          IRRIGATION            & LANDSCAPING,              INC., a Florida
          corporation;         SUMMERPARK             HOMES,       INC.,     a
          Florida corporation; BROWN    + COMPANY
          ARCHITECTURE, INC., a Florida corporation;
          EXPERT PAINTING & PRESSURE WASHING,
          INC., a Florida corporation;

                       Defendants.


          ROYAL OAK HOMES, LLC, f/k/a AVH
          ACQUISITION,

                       Crossclaim Plaintiff,

          Vv.

          ADVANCED               WRAPPING  AND   CONCRETE
          SOLUTIONS             OF CENTRAL FLORIDA, INC., a
          Florida       corporation;    DON        KING’S    CONCRETE,

         127239812.1
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.   ni/k/a      WEINTRAUB
 ENGINEERING AND INSPECTIONS, INC., a
 Florida       corporation;    WOLF’S        IRRIGATION       &
 LANDSCAPING,       INC., a Florida corporation;
 BROWN + COMPANY ARCHITECTURE, INC., a
 Florida corporation;    EXPERT    PAINTING    &
 PRESSURE       WASHING,      INC., a Florida
 corporation;

                Crossclaim Defendants.
                                                        /

 WEATHERMASTER                BUILDING PRODUCTS,
 INC., a Florida Corporation; DON            KING’S
 CONCRETE INC., a Florida Corporation,

              Third-Party Plaintiff,

 Vv.

 ALL GLASS INSTALLATION                  COPRP., a Florida
 corporation; CASEY HAWKINS GLASS, INC., a
 Florida corporation; DEAN NESBIT, LLC, a Florida
 limited   liability             company;          HELBERG
 ENGERPRISES, LLC,               a Florida    limited liability
 company;         HOBBIT      WINDOWS,        LLC,    a Florida
 limited liability company; T&M CONSTRUCTION
 OF SANFORD, INC., a Florida corporation; WELL
 DONE WINDOWS, INC., a Florida corporation; and
 WELL HUNG WINDOWS & DOORS, LLC, a
 Florida     limited    liability company; E.R.O.
 CONSTRUCTION, INC., a Florida Corporation;
 LIOS CONCRETE CORP., a Florida Corporation;
 and ATLANTIC CONCRETE SYSTEMS, INC., a
 Florida Corporation,

              Third-Party Defendants.




127239812.1
DEFENDANT/CROSSCLAIM PLAINTIFF ROYAL OAK HOMES, LLC.’S
                         DESIGNATION OF EXPER’

          Defendant/Crossclaim Plaintiff, Royal Oak Homes LLC (“Royal Oak”), by and through its

undersigned counsel and pursuant to Section 4.1 of the Case Management Order dated April 9,

2021, files its expert witness disclosures, as follows:

1         Brett D. Newkirk, P.E.
          Alta Engineering Company
          11329 Distribution Avenue West
          Jacksonville, Florida 32256

          Mr. Newkirk is a Professional Engineer and will be rendering opinions on the alleged

defects and deficiencies, and the alleged costs to repair those alleged defects and deficiencies, at

the Villas at Emerald Lake townhomes constructed by Royal Oak subcontractors (hereafter “the

subject       property”),   as     identified   in the   reports   prepared   by   Marcon   Forensics    and   SMH

Construction Services, Inc., respectively; the documents produced by them in their job files (to the

extent available at this time), the plans and specifications in this case, and to the extent available,

the depositions and deposition exhibits in this case. Mr. Newkirk will also render opinions on the

methodology and protocols utilized by Marcon Forensics to investigate and allegedly identify the

existence and scope of the alleged defects and deficiencies at the subject property.                    A share-file

link will be circulated to all parties providing Mr. Newkirk’s report, his Curriculum Vitae (“CV”)

describing his qualifications, including a list of his publications and the cases in which he has

testified as an expert, and his engagement letter showing his compensation.

2         Jamie McClave Baldwin, Ph.D.
          Info Tech Consulting, Inc.
          2970 SW 50" Terrace
          Gainesville, Florida 32608

          Dr. Baldwin       is a    statistician and will be rendering opinions on the methodology               and

protocols utilized by Marcon Forensics to investigate and allegedly identify the existence and

scope of the alleged defects and deficiencies at the subject property, including without limitation,
                                                              3
127239812.1
all other statistical principles applicable to the investigation and/or testing undertaken or conducted

at the subject property,      and the reliability of extrapolations        or projections     based   on the

investigation and/or testing conducted as identified in the reports prepared by Marcon Forensics,

the documents produced in Marcon Forensics’s job file (to the extent available at this time), and

to the extent available, the Marcon Forensics deposition and deposition exhibits. A share-file link

will be circulated to all parties providing Dr. Baldwin’s report, which includes a CV describing

her   qualifications,   experience,   and   publications,   and   her   engagement   letter    showing   her

compensation.

3        All experts listed by other parties, without waiving objections thereto, if any.

4        Royal Oak reserves the right to supplement this expert disclosure and to disclose and call

rebuttal experts, as additional information is discovered.

                                                  Respectfully submitted,

                                                  /s/ James Michael Walls
                                                  James Michael Walls
                                                  Florida Bar No, 706272
                                                  Lannie D. Hough Jr.
                                                  Florida Bar No. 149470
                                                  Robin H. Leavengood
                                                  Florida Bar No. 0547751
                                                  Brian C. Porter
                                                  Florida Bar No. 0120282
                                                  CARLTON FIELDS, P.A.
                                                  4221 W. Boy Scout Boulevard
                                                  Tampa, FL 33607-5780
                                                  Telephone: (813) 223-7000
                                                  Facsimile: (813) 229-4133
                                                  mwalls@carltonfields.com
                                                  lhough@earltonfields.com
                                                  rleavengood@carltonfields.com
                                                  bporter@carltonfields.com
                                                  nbonilla@carltonfields.com
                                                   johnson@carltonfields.com
                                                  bwoolard@carltonfields.com




127239812.1
CERTIFICATE OF SERVICE

         I HEREBY     CERTIFY      that on this   10" day of September,    2021, the foregoing was

electronically filed with the Clerk of the Court by using the Florida e-filing Portal, with electronic

filing notices to all counsel of record.

                                                        /s/ James Michael Walls
                                                                Attorney




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