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Filing # 121040112 E-Filed 02/09/2021 08:39:07 AM
IN THE CIRCUIT COURT OF THE 15”
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
ARCA GROUP INTERNATIONAL,
LTD., and ARCA 21, LLC, CASE NO.: 50-2020-CA-010985-XXXX-MB
DIVISION: AN
Plaintiffs,
vs.
HPI PLUMBING, INC.,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFFS’
FOR ADMISSIONS
Defendant HPI PLUMBING, INC., by and through its undersigned counsel, hereby files
its Response to Plaintiff's Request for Admissions in accordance with Florida Rules of Civil
Procedure.
1. Admit that on June 24, 2015, you entered into a Subcontractor Agreement to perform
plumbing work throughout the Project in question, a copy of which is attached hereto as
Exhibit “A”.
Response:
Admitted.
2. Admit that you performed work on the Property in question.
Response:
Admitted.
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 02/09/2021 08:39:07 AM ***Admit that the scope of your work included installing and completing a plumbing system
for the Project, including but not limited to temporary water service, tie-in of water and
sewer system, requiring concrete cutting, coring or sleeving holes, grouting of penetrations
through masonry and concrete, all cutting, trenching, backfilling and compacting for
underground lines, and fire stop materials at penetrations of rated partitions, ceiling and
floors.
Response:
Admitted.
Admit that you were aware that Unit 217 was sold for the first time by Arca 21 on June 22,
2020.
Response:
Denied.
Admit that you were aware that the plumbing at the Property had not be used until after the
Property was sold on June 22, 2020.
Response:
Denied.
Admit that you were put on notice by an Arca representative regarding the damage caused
at the Property.
Response:
Admitted. HPI was first notified by Arca on August 17, 2020.Admit that you were to perform plumbing services for the Project and specifically at Unit
217, where the water damage occurred.
Response:
It is admitted that Defendant HPI was hired to perform plumbing services. The unit
was not identified as such at that time. Also, once the final inspection was completed
by the Town of Palm Beach, HPI did not do any further work on this unit.
Admit that Section 9 of Exhibit A of the Subcontractor Agreement provides that
“Subcontractor further agrees that he will provide all work for the Scope as may be required
for a complete and functional system of that which may not be fully defined in the Contract
Documents.”
Response:
Admitted. HPI’s work was warranted for one year after substantial completion of the
project.
Admit that Section 17 of Exhibit A of the Subcontractor Agreement provides that “[i]n the
event of damage by Subcontractor to an existing surface or another Subcontractor’s work,
the Contractor may back-charge the Subcontractor at fault with the net cost for corrective
work.”
Response:
Admitted, but only during the course of the job or when still on site performing
plumbing work.10.
11.
12.
13.
Admit that you had a duty to “inspect construction work in progress prior to commencing
their work to confirm conditions will be suitable for the accurate and proper installation of
their equipment, materials, and piping.” See Exhibit C of the Subcontractor Agreement,
which is attached hereto as Exhibit “A”.
Response:
Admitted.
Admit that Subcontractor Agreement states that HPI shall “inspect construction work in
progress prior to commencing their work to confirm conditions will be suitable for the
accurate and proper installation of their equipment, materials, and piping.” See Exhibit C
of the Subcontractor Agreement, which is attached hereto as Exhibit “A”.
Response:
Admitted.
Admit that properly completing Plumbing Services is a material term of the Subcontractor
Agreement as it goes to the essence of the agreement.
Response:
Admitted.
Admit that you were aware of the flooding that occurred on July 24, 2020 at the Property,
per Arca’s notice to you.
Response:
Admitted upon first notification by Arca on August 17, 2020.14. Admit that you failed to remove the drainage plugs for one of the main pipes for the
Property, causing water to overflow inward and cause extensive damage to the Property.
Response:
Denied.
15. Admit that to date you have failed and refused to correct the damage caused to the Property
which is at issue in this case.
Response:
Denied as specifically phrased.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via email to:
Aliette D. Rodz, Esq. and Rochelle A. Hall, Esq., Shutts & Bowen, LLP, 200 S. Biscayne
Boulevard, Suite 4100, Miami, FL 33131, Emails: arodz@shutts.com and rhall@shutts.com, on
this 9" day of February, 2021.
BUCKNER, SHIFRIN, ETTER, DUGAN
& BRADFUTE, P.A.
Counsel for Defendant
Alfred I. Dupont Building, Suite 1200
169 E. Flagler Street
Miami, Florida 33131
Telephone: 305-679-9744
Facsimile: 305-679-9745
Primary: Robert@buckner-shifrin.com
Secondary: Jami@buckner-shifrin.com
By: Robert O. Dugan
ROBERT O. DUGAN
Florida Bar No. 454540
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Filing # 121040112 E-Filed 02/09/2021 08:39:07 AM IN THE CIRCUIT COURT OF THE 15” JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION ARCA GROUP INTERNATIONAL, LTD., and ARCA 21, LLC, CASE NO.: 50-2020-CA-010985-XXXX-MB DIVISION: AN Plaintiffs, vs. HPI PLUMBING, INC., Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFFS’ FOR ADMISSIONS Defendant HPI PLUMBING, INC., by and through its undersigned counsel, hereby files its Response to Plaintiff's Request for Admissions in accordance with Florida Rules of Civil Procedure. 1. Admit that on June 24, 2015, you entered into a Subcontractor Agreement to perform plumbing work throughout the Project in question, a copy of which is attached hereto as Exhibit “A”. Response: Admitted. 2. Admit that you performed work on the Property in question. Response: Admitted. '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 02/09/2021 08:39:07 AM ***Admit that the scope of your work included installing and completing a plumbing system for the Project, including but not limited to temporary water service, tie-in of water and sewer system, requiring concrete cutting, coring or sleeving holes, grouting of penetrations through masonry and concrete, all cutting, trenching, backfilling and compacting for underground lines, and fire stop materials at penetrations of rated partitions, ceiling and floors. Response: Admitted. Admit that you were aware that Unit 217 was sold for the first time by Arca 21 on June 22, 2020. Response: Denied. Admit that you were aware that the plumbing at the Property had not be used until after the Property was sold on June 22, 2020. Response: Denied. Admit that you were put on notice by an Arca representative regarding the damage caused at the Property. Response: Admitted. HPI was first notified by Arca on August 17, 2020.Admit that you were to perform plumbing services for the Project and specifically at Unit 217, where the water damage occurred. Response: It is admitted that Defendant HPI was hired to perform plumbing services. The unit was not identified as such at that time. Also, once the final inspection was completed by the Town of Palm Beach, HPI did not do any further work on this unit. Admit that Section 9 of Exhibit A of the Subcontractor Agreement provides that “Subcontractor further agrees that he will provide all work for the Scope as may be required for a complete and functional system of that which may not be fully defined in the Contract Documents.” Response: Admitted. HPI’s work was warranted for one year after substantial completion of the project. Admit that Section 17 of Exhibit A of the Subcontractor Agreement provides that “[i]n the event of damage by Subcontractor to an existing surface or another Subcontractor’s work, the Contractor may back-charge the Subcontractor at fault with the net cost for corrective work.” Response: Admitted, but only during the course of the job or when still on site performing plumbing work.10. 11. 12. 13. Admit that you had a duty to “inspect construction work in progress prior to commencing their work to confirm conditions will be suitable for the accurate and proper installation of their equipment, materials, and piping.” See Exhibit C of the Subcontractor Agreement, which is attached hereto as Exhibit “A”. Response: Admitted. Admit that Subcontractor Agreement states that HPI shall “inspect construction work in progress prior to commencing their work to confirm conditions will be suitable for the accurate and proper installation of their equipment, materials, and piping.” See Exhibit C of the Subcontractor Agreement, which is attached hereto as Exhibit “A”. Response: Admitted. Admit that properly completing Plumbing Services is a material term of the Subcontractor Agreement as it goes to the essence of the agreement. Response: Admitted. Admit that you were aware of the flooding that occurred on July 24, 2020 at the Property, per Arca’s notice to you. Response: Admitted upon first notification by Arca on August 17, 2020.14. Admit that you failed to remove the drainage plugs for one of the main pipes for the Property, causing water to overflow inward and cause extensive damage to the Property. Response: Denied. 15. Admit that to date you have failed and refused to correct the damage caused to the Property which is at issue in this case. Response: Denied as specifically phrased. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via email to: Aliette D. Rodz, Esq. and Rochelle A. Hall, Esq., Shutts & Bowen, LLP, 200 S. Biscayne Boulevard, Suite 4100, Miami, FL 33131, Emails: arodz@shutts.com and rhall@shutts.com, on this 9" day of February, 2021. BUCKNER, SHIFRIN, ETTER, DUGAN & BRADFUTE, P.A. Counsel for Defendant Alfred I. Dupont Building, Suite 1200 169 E. Flagler Street Miami, Florida 33131 Telephone: 305-679-9744 Facsimile: 305-679-9745 Primary: Robert@buckner-shifrin.com Secondary: Jami@buckner-shifrin.com By: Robert O. Dugan ROBERT O. DUGAN Florida Bar No. 454540