Construction of Panorama Tower and two other towers in Miami’s Brickell District left some common areas and private balconies unusable at nearby condominiums, a lawsuit claims.
The work on Panorama, The Bond and 1010 Brickell damaged the nearby two-tower 1060 Brickell Ave. condo tower’s roof, facade, balconies, cooling tower, pool deck trellis and residents’ personal property, the lawsuit said. Debris, paint and concrete scattered at 1060 Brickell Ave.
Everest National Insurance Co., the Liberty Corner, New Jersey-based insurer for the homeowner association, is seeking damages as a subrogee against the big-name developers and general contractors on the three projects.
Repair costs and Everest’s dollar demand for damage to the 46-story condo tower at 1060 Brickell Ave., its 34-story sister condo at 1050 Brickell Ave. and their shared pool deck have not been disclosed.
Everest paid the 1060 Brickell Condominium Association for repairs under confidential agreements, according to the complaint.
Everest has sued Tibor Hollo’s Florida East Coast Realty LLC, which developed Panorama, as well as 1010 Brickell developer Key International Inc. and The Bond developer Rilea Group Inc. for negligence.
It also sued former Panorama general contractor Tutor Perini Building Corp., 1010 Brickell general contractor Moss & Associates LLC and The Bond contractor Coastal Construction Group of South Florida Inc. for negligence and violations of the Florida Building Code.
Fowler White Burnett shareholders J. Michael Pennekamp in Miami and Stephen Gross in Fort Lauderdale, who filed the lawsuit, didn’t return a request for comment.
For their part, all but one of the defendants either declined to comment or didn’t return a request for comment.
Bruce Moldow, executive vice president and chief legal officer of Fort Lauderdale-based Moss, said by email, “We believe Moss has no liability in this situation, and we will defend the case vigorously.”
Florida East Coast and Rilea Group declined to comment. Tutor Perini, Key International and Coastal Construction didn’t return a request for comment.
The three newer towers were finished at various times in 2017, while the high-rises claiming damage were finished in 2008.
Perhaps the most notable among the projects is the 85-story Panorama at 1100 Brickell Bay Dr., which became the tallest residential tower on the East Coast south of Manhattan when it was finished in July.
1010 Brickell Ave., finished in August 2017, is a 50-story luxury condo tower with a glass facade and 387 residences. The Bond is a 44-story tower with 328 units at 1080 Brickell Ave.
All five towers are within walking distance in an area from Southeast 10th Street to 12th Street and from Brickell Bay Drive west to Brickell Plaza.
The lawsuit claims dust and debris accumulated in the cooling tower of the building and produced sludge crimping cooling capacity and energy efficiency. In total, 45 pounds of sludge was removed, according to the complaint.