Preview
Filing # 117345743 E-Filed 11/30/2020 11:23:17 AM
THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
VILLAS AT EMERALD LAKE HOMEOWNERS | Case No.:
ASSOCIATION, INC., a Florida not for profit
corporation,
Plaintiff,
v.
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 IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a_ Florida
corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;
Defendants.
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO
DEFENDANT WOLF’S IRRIGATION & LANDSCAPING, INC.
COMES NOW the Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS
ASSOCIATION, INC. (“Plaintiff”), by and through its undersigned counsel and pursuant to Rule
1.350(a), Florida Rules of Civil Procedure, hereby requests that Defendant WOLF’SIRRIGATION & LANDSCAPING, INC. (“WOLF”) produce the following documents for
inspection, copying, or photocopying within forty-five (45) days of service of this request.
DEFINITIONS AND INSTRUCTIONS
The following definitions and instructions shall apply to each request:
I. DEFINITIONS
1. The terms “you,” “your,” or “Defendant” shall refer to WOLF’S IRRIGATION &
LANDSCAPING, INC. (“WOLF”) and any corporations, partnerships, or joint ventures in which
such defendant has a controlling interest, defendant’s accountants, officers, employees, agents,
subcontractors, independent contractors, and other persons or entities acting on defendant’s behalf
or under defendant’s supervision, direction, or control.
2. The term “Plaintiff” shall refer to the named plaintiff in this action, VILLAS AT
EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., as well as its accountants, officers,
directors, employees, agents, contractors, independent contractors, and other persons or entities
acting on Plaintiffs behalf or under Plaintiffs supervision, direction, or control.
3. The term “Project” means and includes the individual units and common areas of
the Villas at Emerald Lake Townhomes located in Kissimmee, Osceola County, Florida.
4, The term “identify,” unless otherwise described in a particular request, means the
following:
a. When referring to an individual, state, to the fullest extent known, the (i) name, (ii)
residential address, (iii) employment address, (iv) phone number, (v) current title orposition of employment, and (vi) the nature of any past or present relationship to
Defendant.
b. When referring to an entity, state, to the fullest extent known, (i) the name of the
entity, (ii) its present or last known addresses, (iii) the owners and principals, and (iv)
the nature of any past or present relationship to Defendant.
5. The term “document” means any written, typewritten, computer-generated,
computer-stored or printed material, including, without limitation, emails, attachments to emails,
so-called “working files,” notes, checks, diaries, calendars, summaries, minutes, corporate and
partnership records, telephone records, memoranda (including notes and memoranda of
statements, conferences, and conversations), correspondence, letters, telegrams, mailgrams,
publications, reports, contracts, agreements, accounting records, invoices, purchase orders, billing
statements, recordings, tapes, transcriptions of records and recordings, graphs, charts,
photographs, phonograph records, computer records, or other data compilation, and any other
tangible item that may be included in the definition of “writings and recordings”, and includes,
without limitation, originals, copies, and drafis.
6. To “describe” a lawsuit means to state the name of each plaintiff, the name of each
Defendant, the case number, the name and number of the Court, the county and state where the
Court is located, and the date the lawsuit was commenced.
7. To “describe” a property means to state the property’s name, name of each record
owner, date of construction, date of conversion, if any, and street address, city, county, state and
zip code.8. To “describe” a document means to state the date and subject matter and identify
each person who sent or received the document.
9. The term “Insurance Policy” means and includes any agreement under which an
insurance business may be liable to satisfy all or part of a possible judgment in the action or to
indemnify or reimburse for payments made to satisfy the judgment.
10. The term “correspondence” includes letters, memoranda, telegrams, mailgrams,
electronic mail, telephonic facsimiles, notes of telephone conversations, and any other document
setting forth the fact of and/or content of a written or oral communication.
11. You may produce a copy of a document or of electronically-stored information
instead of a description. You may satisfy your obligation to provide documents and electronically-
stored information by producing their respective files and records to a commercial service and
making them available for copying by that service.
IL. INSTRUCTIONS
1. Scope of Answers. In responding to these discovery requests, you should identify
and/or furnish any documents (including emails and attachments to emails) or information in these
Requests which are under your custody or control, not merely those which you now have in your
possession. This means that you are to produce all documents and information which are in the
possession or purview of any of your agents, representatives, officers, members, owners,
shareholders, principals, affiliates, employees, attorneys, investigators, and/or persons acting or
purporting to act on your behalf, or which are otherwise subject to your custody or control.a. All documents shall be produced in the form in which they were found in
their normal place of filing, including the file folders or other bindings in which such
documents or things were so found.
b. If you are unable to produce documents and/or other tangible things
responsive to a request or specific description, state that affirmatively in your response. In
the event that any document or other thing called for by any request has been destroyed,
discarded or otherwise disposed of, that document or other thing is to be identified as
completely as possible and state the date of disposal, manner of disposal, reason for
disposal, person authorizing the disposal, and person disposing of the document or other
thing.
2. Time for Response. These discovery requests are continuing in nature. Defendant
is directed to produce within forty-five (45) days any documents responsive to these discovery
requests that are located or obtained after the initial production of documents under these discovery
requests. Moreover, defendant is required to supplement in writing any written response to these
discovery requests to reflect information or documents obtained after the initial written response
to these discovery requests.
3. Objections. If you object to any of these discovery requests, in whole or in part,
state your objection and the factual and legal reason(s) supporting it with particularity; and if you
object on the ground of privilege, also state with particularity the nature and extent of all allegedly
privileged matters. ANY OBJECTION WHICH IS NOT SO ASSERTED MAY BE
DEEMED WAIVED.4, If defendant withholds any documents otherwise responsive to these discovery
requests for any reason, then defendant shall provide the following information for each document
to enable the Court to rule on the validity of the grounds upon which the document is withheld:
a. The number of the paragraph in each request for production which requests such
document;
b. Form of document (e.g., letter, report, memorandum, ete.);
c Date of document;
d. Author of document;
e. Addressee of document;
f. Recipients of copies of said document;
g. Subject of document;
h. Ordinary place of storage and custody of the document;
i. The person who now acts as custodian of the document; and
ji Basis for failure to produce such document.5. No Responsive Documents. If the response to any document request is that no
document exists that is responsive to the request, defendant or its attorney is directed to provide a
written response stating that no such document exists.
6. You may satisfy your obligation to provide documents and electronically-stored
information by producing their respective files and records to a commercial service and making
them available for copying by that service.
Ill. |. DOCUMENTS TO BE PRODUCED
1. Any and all documents that refer or relate to the Project, including, without
limitation, any document generated, transmitted, received or maintained by you that refers to the
development, design, construction, management, ownership, conversion, repair, marketing, and
sale of the Project and/or the individual townhouse units contained in the Project.
RESPONSE:
2. Any and all documents that constitute, refer, or relate to communications about the
Subject Property to or from any owner, officer, director, member, manager, employee, agent or
representative of any of the following:
a, ROYAL OAK HOMES, LLC
b. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC.
c. DON KING’S CONCRETE, INC.
d. HUGH MACDONALD CONSTRUCTION, INC.
e. IMPERIAL BUILDING CORPORATION
f. PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
INC.
g. WEATHERMASTER BUILDING PRODUCTS, INC.h. WEINTRAUB INSPECTIONS & FORENSICS, INC. n/k/a WEINTRAUB
ENGINEERING & INSPECTIONS, INC.
i. THE DIMILLO GROUP, LLC
j. SUMMERPARK HOMES, INC.
k. BROWN+COMPANY ARCHITECTURE, INC.
RESPONSE:
3. All contracts or modifications to contracts related to the design of the Project.
RESPONSE:
4, All notices of commencement permit applications, permits, County inspection
records, and certificates of occupancy.
RESPONSE:
5. All documents signed by a public entity relating to the Project including, but not
limited to, inspection reports, and permit requirement documents.
RESPONSE:
6. All plans (including permit plans, construction plans, and as-built plans),
specifications, or other such documents related to the design of the Project.
RESPONSE:7. All documents in your possession, custody, or control relating to payment for the
design or construction of the Project.
RESPONSE:
8. All documents relating to daily, weekly, or monthly progress reports or similar
reports memorializing the progress of the planning, design, or construction of the Project.
RESPONSE:
9. All field memos, field reports, or other documents relating to the status of the
planning, design, or construction of the Project.
RESPONSE:
10. All job diaries, notes, meeting minutes, or other similar documents related to the
design or construction of the Project.
RESPONSE:
11. All time cards, time sheets or any other similar documents evidencing or relating
to the amount of time spent by your or any other person’s personnel performing work on the
Project, including, but not limited to, employees, principals, agents, independent contractors, sub-
consultants, and sub-subconsultants, relating to construction, maintenance, or remediation of the
Project.
RESPONSE:
12. All schedules, timelines, bar charts, critical path method analyses and other
documents relating to construction, maintenance, or remediation of the Project.
RESPONSE:13. All analyses, conclusions, recommendations, correspondence, notes, reviews,
reports, working papers or any other documents, internal or otherwise, relating to any person’s
requests for time extensions, requests for information, claims, or requests for compensation related
to the Project.
RESPONSE:
14. All memoranda, correspondence or any other documents, internal or otherwise,
prepared by or for Association or any other person regarding any alleged failure relating to the
construction, maintenance, or remediation of the Project.
RESPONSE:
15. All contracts, purchase orders and other agreements and amendments thereto
relating to the Project including, but not limited to, all subcontracts and/or agreements and change
orders thereto.
RESPONSE:
16. All Requests for Information or other similar documents received or responded to
by Association from any person or entity.
RESPONSE:
17. All Change Orders relating to the Project.
RESPONSE:
18. All submittals and transmittals relating to the Project.
RESPONSE:
1019. All laboratory and testing reports on materials or work associated with the design
or construction of the Project.
RESPONSE:
20. All documents evidencing any changes or alterations in the design of the Project.
RESPONSE:
21. — All shop drawings, material submittals or installation procedures prepared by or
obtained by Association relating to the Project.
RESPONSE:
22. All manufacturers’ or suppliers’ instructions, standards, guidelines, brochures,
representations, warranties or other documents relating to the Project.
RESPONSE:
23. All documents related to the inspection or testing of the Project design or
construction by any person or entity.
RESPONSE:
24. Laser color copies of any photographs which are in any manner related to the
subject matter of this Action.
RESPONSE:
25. All videotapes which are in any manner related to the subject matter of this Action.
RESPONSE:
126. All movie footage whether in electronic or physical form related to the Project.
RESPONSE:
27. All punch lists or other similar documents relating to the design or construction of
the Project.
RESPONSE:
28. All documents and correspondence between the Plaintiff and any other party to this
Action relating to the design or construction of the Project (this request excludes correspondence
or other documents exchanged between counsel for the Parties).
RESPONSE:
29. All documents reflecting any communication between and any renters, tenants,
guests, lessee’s, or any persons who reside or resided at the Project, as further described in
Plaintiffs complaint and is at issue in this litigation.
RESPONSE:
30. All correspondence or other documents between any other person, party or entity
relating to any alleged defects in the design or construction of the Project.
RESPONSE:
31. All documents involving any evaluation, investigation, study, or analysis of alleged
defects in the design or construction of the Project.
RESPONSE:
1232. All documents, correspondence or tangible materials in your possession, custody,
or control relating in any way to any defects and deficiencies being alleged to exist at the Project
in this Action.
RESPONSE:
33. All documents evidence the identity, qualifications and/or opinions of any expert
retained by you or your counsel to provide testimony in this Action.
RESPONSE:
34. All expert witness reports for those experts you intend to call at the time of trial.
RESPONSE:
35. Any correspondence, report, analysis or any other documents produced by any
expert or outside consultant related to the Project.
RESPONSE:
36. All documents, invoices, cancelled checks, quotes, estimates, time cards, payroll
reports and any other documents evidencing damages incurred by you or any other person in the
remediation of the work performed on the Project.
RESPONSE:
37. All statements from any person or entity related to the Project or this Action.
RESPONSE:
38. All documents related to insurance coverage relating to the claims asserted in the
Complaint (including, but not limited to, insurance policies, certificates of insurance,
13correspondence between you and any insurer, correspondence between you and your insurance
agent and/or broker, etc.).
RESPONSE:
39. Any and all information related to e-mail, including but not limited to current,
backed-up and archived programs, accounts, unified messaging, server-based e-mail, Web-based
e-mail, dial-up e-mail, user names and addresses, domain names and addresses, e-mail messages,
attachments, manual and automated mailing lists and mailing list addresses for all executives,
employees, staff and personnel who participated in the Project.
RESPONSE:
40. All documents related to any estimates, offers, bids, or any invitations for offers
relating to any remediation efforts related to your allegations regarding the Project.
RESPONSE:
41. All blank forms prepared or used by you or any other person relating to the
construction, maintenance, or remediation of the Project.
RESPONSE:
42. All documents showing, reflecting or indicating staffing by you or any other person
related to the Project.
RESPONSE:
43, All documents concerning quality control procedures, supervision, coordination,
orders or opinions of the Association, or any contractor, subcontractor, project manager or any
other person related to the Project and within the custody of Association.
RESPONSE:
1444, A list or log identifying those documents withheld from production in response to
any objections you or your attorneys have or may have to any other requests herein.
RESPONSE:
45. All contents of change order files including correspondence and notes among any
architects, engineers, contractors, subcontractors, suppliers or specialists relating to construction,
maintenance, or remediation of the Project.
RESPONSE:
46. All documents related to any destructive testing or any samples collected from the
Property that are in your custody or control.
RESPONSE:
47. All photographs and videos pertaining to construction, maintenance, or remediation
of the Project.
RESPONSE:
48. All photographs related to damages asserted by any party to this litigation.
RESPONSE:
49. All statements and interviews with persons associated with the design, construction,
or remediation of the Project.
RESPONSE:
50. All documents upon which you intend to rely to establish proof of claims, damages
or refutation of claims in this Action.
RESPONSE:
1551. A copy of all warranty documents, including extended warranty documents,
relating to the Project.
RESPONSE:
52. All written notices provided by or to you or any other person relating to the defects
alleged in this Action.
RESPONSE:
53. Acopy of all building codes, ASTM procedures or any other industry standard for
which you allege any person failed to comply it its work relating to construction, maintenance, or
remediation of the Project.
RESPONSE:
54. All settlement agreements or liquidation agreements between you and any other
person relating to the construction, maintenance, or remediation of the Project.
RESPONSE:
55. All documents evidencing bids and proposals submitted by any entity to correct the
alleged construction defects asserted by Plaintiff.
RESPONSE:
56. Acopy of the specifications and standards received by you or from any other person
which pertain to the Project’s design, construction, or remediation.
RESPONSE:
16CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been served via hand delivery with service of
process of summons and complaint.
BALL JANIK LLP
By: _/s/ Nicholas B. Vargo
Phillip E. Joseph, FL No. 1000368
Evan J. Small, FL No. 57306
Jeffrey A. Widelitz, FL No. 105642
Nicholas B. Vargo, FL No. 121269
201 E Pine Street, Suite 600
Orlando, FL 32801
Telephone: (407) 455-5664
Facsimile: (407) 902-2105
pjoseph@balljanik.com
esmall@pballjanik.com
jwidelitz@pballjanik.com
nvargo@balljanik.com
ypalmer@balljanik.com
cbetancourt@balljanik.com
mwise@balljanik.com
orlandodocket@balljanik.com
Counsel for Plaintiff Villas at Emerald Lake
Homeowners Association, Inc.
17
Preview
Filing # 117345743 E-Filed 11/30/2020 11:23:17 AM THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS | Case No.: ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, v. 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 IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a_ Florida corporation; BROWN+COMPANY ARCHITECTURE, INC., a Florida corporation; Defendants. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT WOLF’S IRRIGATION & LANDSCAPING, INC. COMES NOW the Plaintiff VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC. (“Plaintiff”), by and through its undersigned counsel and pursuant to Rule 1.350(a), Florida Rules of Civil Procedure, hereby requests that Defendant WOLF’SIRRIGATION & LANDSCAPING, INC. (“WOLF”) produce the following documents for inspection, copying, or photocopying within forty-five (45) days of service of this request. DEFINITIONS AND INSTRUCTIONS The following definitions and instructions shall apply to each request: I. DEFINITIONS 1. The terms “you,” “your,” or “Defendant” shall refer to WOLF’S IRRIGATION & LANDSCAPING, INC. (“WOLF”) and any corporations, partnerships, or joint ventures in which such defendant has a controlling interest, defendant’s accountants, officers, employees, agents, subcontractors, independent contractors, and other persons or entities acting on defendant’s behalf or under defendant’s supervision, direction, or control. 2. The term “Plaintiff” shall refer to the named plaintiff in this action, VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., as well as its accountants, officers, directors, employees, agents, contractors, independent contractors, and other persons or entities acting on Plaintiffs behalf or under Plaintiffs supervision, direction, or control. 3. The term “Project” means and includes the individual units and common areas of the Villas at Emerald Lake Townhomes located in Kissimmee, Osceola County, Florida. 4, The term “identify,” unless otherwise described in a particular request, means the following: a. When referring to an individual, state, to the fullest extent known, the (i) name, (ii) residential address, (iii) employment address, (iv) phone number, (v) current title orposition of employment, and (vi) the nature of any past or present relationship to Defendant. b. When referring to an entity, state, to the fullest extent known, (i) the name of the entity, (ii) its present or last known addresses, (iii) the owners and principals, and (iv) the nature of any past or present relationship to Defendant. 5. The term “document” means any written, typewritten, computer-generated, computer-stored or printed material, including, without limitation, emails, attachments to emails, so-called “working files,” notes, checks, diaries, calendars, summaries, minutes, corporate and partnership records, telephone records, memoranda (including notes and memoranda of statements, conferences, and conversations), correspondence, letters, telegrams, mailgrams, publications, reports, contracts, agreements, accounting records, invoices, purchase orders, billing statements, recordings, tapes, transcriptions of records and recordings, graphs, charts, photographs, phonograph records, computer records, or other data compilation, and any other tangible item that may be included in the definition of “writings and recordings”, and includes, without limitation, originals, copies, and drafis. 6. To “describe” a lawsuit means to state the name of each plaintiff, the name of each Defendant, the case number, the name and number of the Court, the county and state where the Court is located, and the date the lawsuit was commenced. 7. To “describe” a property means to state the property’s name, name of each record owner, date of construction, date of conversion, if any, and street address, city, county, state and zip code.8. To “describe” a document means to state the date and subject matter and identify each person who sent or received the document. 9. The term “Insurance Policy” means and includes any agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. 10. The term “correspondence” includes letters, memoranda, telegrams, mailgrams, electronic mail, telephonic facsimiles, notes of telephone conversations, and any other document setting forth the fact of and/or content of a written or oral communication. 11. You may produce a copy of a document or of electronically-stored information instead of a description. You may satisfy your obligation to provide documents and electronically- stored information by producing their respective files and records to a commercial service and making them available for copying by that service. IL. INSTRUCTIONS 1. Scope of Answers. In responding to these discovery requests, you should identify and/or furnish any documents (including emails and attachments to emails) or information in these Requests which are under your custody or control, not merely those which you now have in your possession. This means that you are to produce all documents and information which are in the possession or purview of any of your agents, representatives, officers, members, owners, shareholders, principals, affiliates, employees, attorneys, investigators, and/or persons acting or purporting to act on your behalf, or which are otherwise subject to your custody or control.a. All documents shall be produced in the form in which they were found in their normal place of filing, including the file folders or other bindings in which such documents or things were so found. b. If you are unable to produce documents and/or other tangible things responsive to a request or specific description, state that affirmatively in your response. In the event that any document or other thing called for by any request has been destroyed, discarded or otherwise disposed of, that document or other thing is to be identified as completely as possible and state the date of disposal, manner of disposal, reason for disposal, person authorizing the disposal, and person disposing of the document or other thing. 2. Time for Response. These discovery requests are continuing in nature. Defendant is directed to produce within forty-five (45) days any documents responsive to these discovery requests that are located or obtained after the initial production of documents under these discovery requests. Moreover, defendant is required to supplement in writing any written response to these discovery requests to reflect information or documents obtained after the initial written response to these discovery requests. 3. Objections. If you object to any of these discovery requests, in whole or in part, state your objection and the factual and legal reason(s) supporting it with particularity; and if you object on the ground of privilege, also state with particularity the nature and extent of all allegedly privileged matters. ANY OBJECTION WHICH IS NOT SO ASSERTED MAY BE DEEMED WAIVED.4, If defendant withholds any documents otherwise responsive to these discovery requests for any reason, then defendant shall provide the following information for each document to enable the Court to rule on the validity of the grounds upon which the document is withheld: a. The number of the paragraph in each request for production which requests such document; b. Form of document (e.g., letter, report, memorandum, ete.); c Date of document; d. Author of document; e. Addressee of document; f. Recipients of copies of said document; g. Subject of document; h. Ordinary place of storage and custody of the document; i. The person who now acts as custodian of the document; and ji Basis for failure to produce such document.5. No Responsive Documents. If the response to any document request is that no document exists that is responsive to the request, defendant or its attorney is directed to provide a written response stating that no such document exists. 6. You may satisfy your obligation to provide documents and electronically-stored information by producing their respective files and records to a commercial service and making them available for copying by that service. Ill. |. DOCUMENTS TO BE PRODUCED 1. Any and all documents that refer or relate to the Project, including, without limitation, any document generated, transmitted, received or maintained by you that refers to the development, design, construction, management, ownership, conversion, repair, marketing, and sale of the Project and/or the individual townhouse units contained in the Project. RESPONSE: 2. Any and all documents that constitute, refer, or relate to communications about the Subject Property to or from any owner, officer, director, member, manager, employee, agent or representative of any of the following: a, ROYAL OAK HOMES, LLC b. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC. c. DON KING’S CONCRETE, INC. d. HUGH MACDONALD CONSTRUCTION, INC. e. IMPERIAL BUILDING CORPORATION f. PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC. g. WEATHERMASTER BUILDING PRODUCTS, INC.h. WEINTRAUB INSPECTIONS & FORENSICS, INC. n/k/a WEINTRAUB ENGINEERING & INSPECTIONS, INC. i. THE DIMILLO GROUP, LLC j. SUMMERPARK HOMES, INC. k. BROWN+COMPANY ARCHITECTURE, INC. RESPONSE: 3. All contracts or modifications to contracts related to the design of the Project. RESPONSE: 4, All notices of commencement permit applications, permits, County inspection records, and certificates of occupancy. RESPONSE: 5. All documents signed by a public entity relating to the Project including, but not limited to, inspection reports, and permit requirement documents. RESPONSE: 6. All plans (including permit plans, construction plans, and as-built plans), specifications, or other such documents related to the design of the Project. RESPONSE:7. All documents in your possession, custody, or control relating to payment for the design or construction of the Project. RESPONSE: 8. All documents relating to daily, weekly, or monthly progress reports or similar reports memorializing the progress of the planning, design, or construction of the Project. RESPONSE: 9. All field memos, field reports, or other documents relating to the status of the planning, design, or construction of the Project. RESPONSE: 10. All job diaries, notes, meeting minutes, or other similar documents related to the design or construction of the Project. RESPONSE: 11. All time cards, time sheets or any other similar documents evidencing or relating to the amount of time spent by your or any other person’s personnel performing work on the Project, including, but not limited to, employees, principals, agents, independent contractors, sub- consultants, and sub-subconsultants, relating to construction, maintenance, or remediation of the Project. RESPONSE: 12. All schedules, timelines, bar charts, critical path method analyses and other documents relating to construction, maintenance, or remediation of the Project. RESPONSE:13. All analyses, conclusions, recommendations, correspondence, notes, reviews, reports, working papers or any other documents, internal or otherwise, relating to any person’s requests for time extensions, requests for information, claims, or requests for compensation related to the Project. RESPONSE: 14. All memoranda, correspondence or any other documents, internal or otherwise, prepared by or for Association or any other person regarding any alleged failure relating to the construction, maintenance, or remediation of the Project. RESPONSE: 15. All contracts, purchase orders and other agreements and amendments thereto relating to the Project including, but not limited to, all subcontracts and/or agreements and change orders thereto. RESPONSE: 16. All Requests for Information or other similar documents received or responded to by Association from any person or entity. RESPONSE: 17. All Change Orders relating to the Project. RESPONSE: 18. All submittals and transmittals relating to the Project. RESPONSE: 1019. All laboratory and testing reports on materials or work associated with the design or construction of the Project. RESPONSE: 20. All documents evidencing any changes or alterations in the design of the Project. RESPONSE: 21. — All shop drawings, material submittals or installation procedures prepared by or obtained by Association relating to the Project. RESPONSE: 22. All manufacturers’ or suppliers’ instructions, standards, guidelines, brochures, representations, warranties or other documents relating to the Project. RESPONSE: 23. All documents related to the inspection or testing of the Project design or construction by any person or entity. RESPONSE: 24. Laser color copies of any photographs which are in any manner related to the subject matter of this Action. RESPONSE: 25. All videotapes which are in any manner related to the subject matter of this Action. RESPONSE: 126. All movie footage whether in electronic or physical form related to the Project. RESPONSE: 27. All punch lists or other similar documents relating to the design or construction of the Project. RESPONSE: 28. All documents and correspondence between the Plaintiff and any other party to this Action relating to the design or construction of the Project (this request excludes correspondence or other documents exchanged between counsel for the Parties). RESPONSE: 29. All documents reflecting any communication between and any renters, tenants, guests, lessee’s, or any persons who reside or resided at the Project, as further described in Plaintiffs complaint and is at issue in this litigation. RESPONSE: 30. All correspondence or other documents between any other person, party or entity relating to any alleged defects in the design or construction of the Project. RESPONSE: 31. All documents involving any evaluation, investigation, study, or analysis of alleged defects in the design or construction of the Project. RESPONSE: 1232. All documents, correspondence or tangible materials in your possession, custody, or control relating in any way to any defects and deficiencies being alleged to exist at the Project in this Action. RESPONSE: 33. All documents evidence the identity, qualifications and/or opinions of any expert retained by you or your counsel to provide testimony in this Action. RESPONSE: 34. All expert witness reports for those experts you intend to call at the time of trial. RESPONSE: 35. Any correspondence, report, analysis or any other documents produced by any expert or outside consultant related to the Project. RESPONSE: 36. All documents, invoices, cancelled checks, quotes, estimates, time cards, payroll reports and any other documents evidencing damages incurred by you or any other person in the remediation of the work performed on the Project. RESPONSE: 37. All statements from any person or entity related to the Project or this Action. RESPONSE: 38. All documents related to insurance coverage relating to the claims asserted in the Complaint (including, but not limited to, insurance policies, certificates of insurance, 13correspondence between you and any insurer, correspondence between you and your insurance agent and/or broker, etc.). RESPONSE: 39. Any and all information related to e-mail, including but not limited to current, backed-up and archived programs, accounts, unified messaging, server-based e-mail, Web-based e-mail, dial-up e-mail, user names and addresses, domain names and addresses, e-mail messages, attachments, manual and automated mailing lists and mailing list addresses for all executives, employees, staff and personnel who participated in the Project. RESPONSE: 40. All documents related to any estimates, offers, bids, or any invitations for offers relating to any remediation efforts related to your allegations regarding the Project. RESPONSE: 41. All blank forms prepared or used by you or any other person relating to the construction, maintenance, or remediation of the Project. RESPONSE: 42. All documents showing, reflecting or indicating staffing by you or any other person related to the Project. RESPONSE: 43, All documents concerning quality control procedures, supervision, coordination, orders or opinions of the Association, or any contractor, subcontractor, project manager or any other person related to the Project and within the custody of Association. RESPONSE: 1444, A list or log identifying those documents withheld from production in response to any objections you or your attorneys have or may have to any other requests herein. RESPONSE: 45. All contents of change order files including correspondence and notes among any architects, engineers, contractors, subcontractors, suppliers or specialists relating to construction, maintenance, or remediation of the Project. RESPONSE: 46. All documents related to any destructive testing or any samples collected from the Property that are in your custody or control. RESPONSE: 47. All photographs and videos pertaining to construction, maintenance, or remediation of the Project. RESPONSE: 48. All photographs related to damages asserted by any party to this litigation. RESPONSE: 49. All statements and interviews with persons associated with the design, construction, or remediation of the Project. RESPONSE: 50. All documents upon which you intend to rely to establish proof of claims, damages or refutation of claims in this Action. RESPONSE: 1551. A copy of all warranty documents, including extended warranty documents, relating to the Project. RESPONSE: 52. All written notices provided by or to you or any other person relating to the defects alleged in this Action. RESPONSE: 53. Acopy of all building codes, ASTM procedures or any other industry standard for which you allege any person failed to comply it its work relating to construction, maintenance, or remediation of the Project. RESPONSE: 54. All settlement agreements or liquidation agreements between you and any other person relating to the construction, maintenance, or remediation of the Project. RESPONSE: 55. All documents evidencing bids and proposals submitted by any entity to correct the alleged construction defects asserted by Plaintiff. RESPONSE: 56. Acopy of the specifications and standards received by you or from any other person which pertain to the Project’s design, construction, or remediation. RESPONSE: 16CERTIFICATE OF SERVICE I certify that a true copy of the foregoing has been served via hand delivery with service of process of summons and complaint. BALL JANIK LLP By: _/s/ Nicholas B. Vargo Phillip E. Joseph, FL No. 1000368 Evan J. Small, FL No. 57306 Jeffrey A. Widelitz, FL No. 105642 Nicholas B. Vargo, FL No. 121269 201 E Pine Street, Suite 600 Orlando, FL 32801 Telephone: (407) 455-5664 Facsimile: (407) 902-2105 pjoseph@balljanik.com esmall@pballjanik.com jwidelitz@pballjanik.com nvargo@balljanik.com ypalmer@balljanik.com cbetancourt@balljanik.com mwise@balljanik.com orlandodocket@balljanik.com Counsel for Plaintiff Villas at Emerald Lake Homeowners Association, Inc. 17