The condo association for the Aston
Martin Residences sued the developer, general contractor and
team that designed and built the waterfront condo tower in
downtown Miami, adding to legal woes surrounding the
project.
300 Biscayne Boulevard Way Condominium Association filed a
lawsuit earlier this month against an affiliate of the Coto
family’s G&G Business Developments, Coastal Construction,
Revuelta Architecture International, Shamrock Engineering,
DeSimone Consulting Engineering, Capform and about dozen
other subcontractors alleging defective design and
construction of the 66-story, 391-unit high-rise at 300
Biscayne Boulevard Way.
The lawsuit, filed under Florida Statute 558, cites
deficiencies identified in the turnover report that was
performed by Epic Forensics & Engineering, including
concrete cracking and spalling, unsealed holes and exposed
reinforcement bars; post-tension deficiencies; and issues
with the masonry, stucco, fire protection systems,
mechanical systems, electrical, plumbing, railing, painting,
pool and water features, waterproofing, doors, pavers, the
seawall and the elevators.
The lawsuit alleges that balconies are improperly sloped,
and that cracks, corrosion and leaking are present
throughout parts of the tower.
Coastal Construction is “reviewing the allegations for merit
and will defend accordingly,” according to a statement from
the company. “Coastal prides itself and enjoys a long track
record of always working with developers and homeowners
associations to swiftly resolve any issues.” It declined to
comment further.
The association’s attorneys, David Haber and Daniel Levin of
Miami-based Haber Law, said the lawsuit serves as a “buyer
beware.” The association is seeking damages in the millions
of dollars.
The latest complaint comes weeks after the condo association
sued the developer, Germán Coto, over allegations he
siphoned millions of dollars from condo owners via condo
association contracts to vendors with close ties to Coto.
The association claims the alleged scheme left the building
with incomplete records, misappropriated funds and long-term
financial harm.
Haber said the construction defects complaint, filed in mid
April, is emblematic of a bigger problem: “why cities allow
developers to keep putting up projects time after time with
construction defects.”
A spokesperson for Riverwalk East Developments, the LLC that
developed the project, said that the developer “partnered
with the industry’s most experienced suppliers” and that
they believe the allegations are “unfounded.”
“We are concerned that ongoing litigation may not serve the
best interests of residents. We remain confident that the
legal process will lead to a fair outcome and support a
resolution based on facts, good faith, and the overall
well-being of the community,” the spokesperson said.
G&G completed Aston Martin Residences about two years ago,
as part of a joint venture with the British automaker. The
building is the first Aston Martin-branded residential
building in the world. The developer financed construction
with a $200 million loan. The building was completed years
after its original expected completion date and a pause in
construction after a subcontractor filed for bankruptcy.
“The system of giving TCOs [temporary certificates of
occupancy] is flawed. The system of inspections is flawed,”
Haber said. “Developers are building these things as fast as
they can. Quality construction is less important than
getting it sold.”
Developers will typically set money aside to pay for
insurance coverage that ultimately takes care of
construction defects claims, which means the cost of
litigation is usually baked into the purchase price of
units.
Buyers at Aston Martin included the scion of a medical
device maker, who paid $23 million for a condo on the 60th
floor, and a Mexican industrial magnate, who paid $18
million for a unit on the 62nd floor.