Article Courtesy of The Real Deal
By Katherine Kallergis
Published July 21, 2018
The developers and builders of some of Miami’s tallest towers are being sued
for damage allegedly caused to two neighboring Brickell condo buildings.
Everest National Insurance Company, on behalf of the 1060
Brickell Condo Association, filed a lawsuit in Miami-Dade County Circuit
Court against Florida East Coast Realty, Tutor Perini Building Corp., Key
International, Moss & Associates, Rilea Group Realty and Coastal
Construction Group of South Florida for significant damage to 1060 and 1050
Brickell due to the construction of Panorama Tower, 1010 Brickell and the
In all, construction of FECR’s Panorama and Rilea Group’s the Bond, which
both began in early 2014, and of Key International’s 1010 Brickell, which
broke ground in September of that year, allegedly damaged the facade,
balconies, railings and building components, a portion of the trellis near
the pool deck, the roof and cooling tower of the property at 1050 and 1060
Brickell Avenue, according to the suit.
The condo association’s policy with Everest ran from March 1, 2015 to May 1,
2016, the suit said.
Everest claims that the condo association received
complaints from residents about debris, and cement and paint splatter, and
that residents lost the use of their balconies. The association had to
replace the roof of one of the buildings due to damage from debris impact.
The association also alleges that about 45 pounds of dust and cement debris
collected in one of the building’s cooling towers, clogging the filter.
On April 24, Everest made an undisclosed payment to the 1060 Brickell condo
association to perform remediation to the properties caused by the loss,
according to the suit.
Panorama, an 85-story mixed-use tower with apartments, a hotel and
commercial space, opened at 1100 Brickell Bay Drive earlier this year. Tutor
Perini handled construction.
The Bond, a 44-story, 328-unit condo tower at 1080 Brickell Avenue, opened
in April 2017 and was built by Coastal Construction. And Key International
and 13th Floor Investments opened 1010 Brickell, a 50-story, 389-unit condo
tower at 1010 Brickell Avenue, in August. Moss & Associates was the general
The lawsuit claims that the developers and general contractors “owed a duty
to adjacent property owners and residents … to ensure the development and
construction” of the buildings “was within the standard of care for real
estate developers under the same or similar circumstances.”
In a statement provided to The Real Deal, Bruce Moldow, executive vice
president and chief legal officer of Moss, said, “We believe Moss has no
liability in this situation and we will defend the case vigorously.”
Coastal vice president Dan Whiteman said the company does not comment on
FECR, Tutor Perini, Key International and Rilea Group did not immediately
respond to requests for comment.
A number of developers have been sued this cycle by neighboring condo
associations alleging damage from construction, including Biscayne Beach and
Porsche Design Tower.