Plaintiff, OLD TOWN VILLAGES CONDOMINIUM ASSOCIATION, INC. (the

Transcription

1 OLD TOWN VILLAGES CONDOMINIUM ASSOCIATION, INC., Plaintiff, v. PORTOFINO OF ST. AUGUSTINE, LLC; JOHNSON- GRAHAM-MALONE, INC.; JAMES ANTHONY MALONE III; A.J. JOHNS, INC.; ALFONSO A. ALVAREZ; GUILLERMO E. ARIAS; BRADCORP FLORIDA II, LLC; BROGAN POOLS AND SPAS, INC.; NIGEL CARL BROWN; BUILDER SERVICES GROUP, INC.; ENERGY SAVING PRODUCTS OF FLORIDA, INC.; F.J.T. CONSTRUCTION, INC.; HWZ, LLC f/k/a HOGE-WARREN-ZIMMERMANN CO.; HORIZON TILE & CARPET, INC.; H.R. VANKIRK ELECTRIC, INC.; IGC ROOFING, INC.; J.D.VAUGHN & SONS PLUMBING, INC.; MCGOWAN S INVESTMENTS, INC.; MORTON CONCRETE, INC.; QUALITY HOME EXTERIORS, LLC; RF GROUP, LLC; RIDENHOUR CONCRETE & SUPPLY, INC.; ST. JOHNS IRRIGATION & LANDSCAPING, LLC; STANLEY SMITH DRYWALL, INC.; STRANGE LATHING & PLASTERING, INC.; TOPBUILD CORP.; TOWER STEEL SERVICES, INC.; TRUSSWAY, LTD.; WILBUR GEORGE, INC.; GEORGE WILBUR; BESSOLO DESIGN GROUP, INC.; KEVIN J. BESSOLO; KEM ENGINEERS, INC.; BRIAN S. REED; LIFETIME TECHNOLOGY GROUP, INC.; CHRISTOPHER NEWHOUSE; TRILLIUM STRUCTURES, INC.; BRADFORD J. RAFFENSPERGER; TURKNETT ENGINEERS, P.A.; LYNN S. BIDLEMAN; ROBERT E. HORNBUCKLE; JEROME W. JACQUOT; KELLY A. MORTON; BRENDA J. PRITCHARD; AND SERENA L. WAKEFIELD, IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR ST. JOHNS COUNTY, FLORIDA CASE NO.: DIVISION: COMPLAINT Defendants. Plaintiff, OLD TOWN VILLAGES CONDOMINIUM ASSOCIATION, INC. (the Association ) sues: {BBA Firm Docs/1124/140329/ DOC:16 } 1

2 (a) (b) PORTOFINO OF ST. AUGUSTINE, LLC ( Developer ); JOHNSON-GRAHAM-MALONE, INC. ( General Contractor ) and JAMES ANTHONY MALONE III ( Malone ); (c) A.J. JOHNS, INC.; ALFONSO A. ALVAREZ; GUILLERMO E. ARIAS; BRADCORP FLORIDA II, LLC; BROGAN POOLS AND SPAS, INC.; NIGEL CARL BROWN; BUILDER SERVICES GROUP, INC.; ENERGY SAVING PRODUCTS OF FLORIDA, INC.; F.J.T. CONSTRUCTION, INC.; HWZ, LLC; HORIZON TILE & CARPET, INC.; H.R. VANKIRK ELECTRIC, INC.; IGC ROOFING, INC.; J.D.VAUGHN & SONS PLUMBING, INC.; MCGOWAN S INVESTMENTS, INC.; MORTON CONCRETE, INC.; QUALITY HOME EXTERIORS, LLC; RF GROUP, LLC; RIDENHOUR CONCRETE & SUPPLY, INC.; ST. JOHNS IRRIGATION & LANDSCAPING, LLC; STANLEY SMITH DRYWALL, INC.; STRANGE LATHING & PLASTERING, INC.; TOPBUILD CORP.; TOWER STEEL SERVICES, INC.; TRUSSWAY, LTD; WILBUR GEORGE, INC.; and GEORGE WILBUR (collectively the Contractors/Suppliers ); (d) BESSOLO DESIGN GROUP, INC.; KEVIN J. BESSOLO; KEM ENGINEERS, INC.; BRIAN S. REED; LIFETIME TECHNOLOGY GROUP, INC.; CHRISTOPHER NEWHOUSE; TRILLIUM STRUCTURES, INC.; BRADFORD J. RAFFENSPERGER; and TURKNETT ENGINEERS, P.A. (collectively the Design Professionals ); (e) LYNN S. BIDLEMAN; ROBERT E. HORNBUCKLE; JEROME W. JACQUOT; KELLY A. MORTON; BRENDA J. PRITCHARD AND SERENA L. WAKEFIELD (collectively the Developer Appointed Directors ) and states: {BBA Firm Docs/1124/140329/ DOC:16 } 2

3 General Allegations Class Standing 1. This is an action for relief within the jurisdiction of the Circuit Court. 2. The Association, pursuant to Chapter 718, Florida Statutes, is a condominium association which operates a community in St. Johns County, Florida commonly referred to as Old Town Villages Condominium (the "Condominium"). 3. The Association is controlled by unit owners other than the Developer. 4. The Association is authorized to bring this action in its own name for defects to the "common elements" as defined by (8), Fla. Stat., and on behalf of all unit owners (collectively, the "Homeowners") for defects to individual units (the Condo Units ) or limited common elements, and for other damages affecting the common interests, pursuant to the power and authority vested in the Association by (3), and Fla.R.Civ.P The causes of action alleged herein concern matters of common interest including, but not limited to, common elements of the Condominium, the roof and structural components of numerous buildings or other improvements, windows, site improvements, openings and/or through wall penetrations, and commonly used facilities, which affect and are of interest to the Homeowners. General Allegations Association 6. The Association is a not-for-profit corporation organized and existing under the laws of the State of Florida with its principal place of business in St. Johns County, Florida. 7. The Association is bringing this action on behalf of the Homeowners pursuant to Fla.R.Civ.P {BBA Firm Docs/1124/140329/ DOC:16 } 3

4 General Allegations Developer 8. Developer is an inactive Florida limited liability company. 9. At all times material to the allegations in this complaint, Developer did business in St. Johns County, Florida. 10. At all times material to the allegations in this complaint, Developer was the developer of the Condominium as such term is defined in (16) Fla. Stat. and used in Fla. Stat. 11. Developer is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by Developer, or any of the contractors, subcontractors, or suppliers who effected work or services at the Condominium on behalf of Developer. 12. Developer is responsible for the construction defects described below and the resulting property damage arising from materials supplied to the Condominium by Developer, or any of the contractors, subcontractors, or suppliers who supplied materials to the Condominium on behalf of Developer. General Allegations Developer Appointed Directors 13. LYNN S. BIDLEMAN is a resident of Duval County, Florida. a. At all times material to the allegations in this complaint, LYNN S. BIDLEMAN was an employee or officer of Developer. b. LYNN S. BIDLEMAN was appointed by Developer as a director of the Association. {BBA Firm Docs/1124/140329/ DOC:16 } 4

5 c. LYNN S. BIDLEMAN served as a director of the Association from approximately the inception of the Association until approximately July ROBERT E. HORNBUCKLE is a resident of Duval County, Florida. a. At all times material to the allegations in this complaint, ROBERT E. HORNBUCKLE was an employee or officer of Developer. b. ROBERT E. HORNBUCKLE was appointed by Developer as a director of the Association. c. ROBERT E. HORNBUCKLE served as a director of the Association from approximately July 2008 until approximately January KELLY A. MORTON f/k/a KELLY A. SHAY is a resident of St. Johns County, Florida. a. At all times material to the allegations in this complaint, KELLY A. MORTON was an employee or officer of Developer. b. KELLY A. MORTON was appointed by Developer as a director of the Association. c. KELLY A. MORTON served as a director of the Association from approximately April 2009 until January BRENDA J. PRITCHARD f/k/a BRENDA J. GALLAGHER is a resident of Duval County, Florida. a. At all times material to the allegations in this complaint, BRENDA J. PRITCHARD was an employee or officer of Developer. {BBA Firm Docs/1124/140329/ DOC:16 } 5

6 b. BRENDA J. PRITCHARD was appointed by Developer as a director of the Association. c. BRENDA J. PRITCHARD served as a director of the Association from approximately April 2009 until approximately January SERENA L. WAKEFIELD is a resident of Duval County, Florida. a. At all times material to the allegations in this complaint, SERENA L. WAKEFIELD was an employee or officer of Developer. b. SERENA L. WAKEFIELD was appointed by Developer as a director of the Association. c. SERENA L. WAKEFIELD served as a director of the Association from approximately the inception of the Association until March JEROME W. JACQUOT is a resident of Duval County, Florida. a. At all times material to the allegations in this complaint, JEROME W. JACQUOT was an employee or officer of Developer. b. JEROME W. JACQUOT was appointed by Developer as a director of the Association. c. JEROME W. JACQUOT served as a director of the Association from approximately April 2009 until January General Allegations General Contractor 19. General Contractor is an inactive Florida corporation. 20. At all times material to the allegations in this complaint, General Contractor did business in St. Johns County, Florida. {BBA Firm Docs/1124/140329/ DOC:16 } 6

7 21. General Contractor was organized as a Florida corporation in 1993 under the name Stokes-Johnson and Company, Inc. 22. In 1996, General Contractor amended its name to Johnson-Graham-Malone, Inc. by Articles of Amendment filed on November 7, 1996 with the Florida Department of State. 23. At all times material to the allegations in this complaint, General Contractor was licensed as a qualified construction business by the Florida Department of Professional Regulation, Construction Industry Licensing Board. 24. At all times material to the allegations in this complaint, General Contractor was qualified to do business by Malone who was licensed as a certified general contractor under license number CGC by the Florida Department of Professional Regulation, Construction Industry Licensing Board. 25. At all times material to the allegations in this complaint, General Contractor was the general contractor with responsibility for construction of the Condominium including all Condo Units and common elements. 26. At all times material to the allegations in this complaint, General Contractor was a contractor who performed work at or supplied materials to the Condominium as such term used in Fla. Stat. 27. General Contractor was a contractor and pursuant to (2) Fla. Stat. granted an implied warranty of fitness as to the Homeowners for all work performed in the construction of the Condominium and all materials used at or incorporated into the Condominium. 28. Malone personally provided construction services to the Condominium, and upon information and belief, was personally responsible for the supervision of work at the {BBA Firm Docs/1124/140329/ DOC:16 } 7

8 Condominium, hiring of subcontractors, and assurances that that the work conformed to the permitted plans and applicable building codes. General Allegations Contractors/Subcontractors/Suppliers 29. A.J. JOHNS, INC. is a Florida corporation. a. At all times material to the allegations in this complaint, A.J. JOHNS, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, A.J. JOHNS, INC. provided site grading, civil contracting, stormwater management system installation, pavements, utility contracting, and road and driveway construction and related services to the Condominium. c. At all times material to the allegations in this complaint, A.J. JOHNS, INC. supplied materials used at or incorporated into the Condominium related to the services it performed at the Condominium. d. Upon information and belief, A.J. JOHNS, INC. performed services and supplied materials related to the following defects at the Condominium: i. exterior grade foundation and site grading; ii. pavement distress; iii. damaged curb and gutter; iv. damaged roadway inlet structure; and v. all other defects associated with site work, road work, or civil construction. {BBA Firm Docs/1124/140329/ DOC:16 } 8

9 e. A.J. JOHNS, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by A.J. JOHNS, INC. or by persons or entities working for A.J. JOHNS, INC. f. A.J. JOHNS, INC. is responsible for the construction defects described below and the resulting property damage arising from materials supplied to the Condominium by or on behalf of A.J. JOHNS, INC. 30. ALFONSO A. ALVAREZ is a natural person. a. ALFONSO A. ALVAREZ was also sometimes known as Flores Alfonso Alvarez. b. At all times material to the allegations in this complaint, ALFONSO A. ALVAREZ did business in St. Johns County, Florida. c. At all times material to the allegations in this complaint, ALFONSO A. ALVAREZ provided framing and related services to the Condominium. d. At all times material to the allegations in this complaint, ALFONSO A. ALVAREZ supplied materials used at or incorporated into the Condominium related to the services he performed at the Condominium. e. Upon information and belief, ALFONSO A. ALVAREZ performed services and supplied materials related to the following defects at the Condominium: i. stucco system; ii. lap siding material; iii. lap siding trim; iv. lap siding transition; {BBA Firm Docs/1124/140329/ DOC:16 } 9

10 v. siding window head flashing; vi. windows and surrounds; vii. unit side-hinged door opening; viii. garage exterior door jambs; ix. structural framing; x. roof framing; and xi. all other defects associated with the framing. f. ALFONSO A. ALVAREZ is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by ALFONSO A. ALVAREZ or by persons or entities working for him. g. ALFONSO A. ALVAREZ is responsible for the construction defects described below and the resulting property damage arising from materials supplied to the Condominium by or on behalf of him. 31. GUILLERMO E. ARIAS is a natural person. a. At all times material to the allegations in this complaint, GUILLERMO E. ARIAS did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, GUILLERMO E. ARIAS provided painting and related services to the Condominium. c. At all times material to the allegations in this complaint, GUILLERMO E. ARIAS supplied materials used at or incorporated into the Condominium related to the services he performed at the Condominium. {BBA Firm Docs/1124/140329/ DOC:16 } 10

11 d. Upon information and belief, GUILLERMO E. ARIAS performed services and supplied materials related to the following defects at the Condominium: i. stucco system; ii. stucco bands at windows; iii. windows and surrounds; iv. stair stringer paint; and v. all other defects associated with the painting or sealing. e. GUILLERMO E. ARIAS is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by GUILLERMO E. ARIAS or by persons or entities working for him. f. GUILLERMO E. ARIAS is responsible for the construction defects described below and the resulting property damage arising from materials supplied to the Condominium by or on behalf of him. 32. BRADCORP FLORIDA II, LLC is an inactive Florida limited liability company. a. BRADCORP FLORIDA II, LLC was first organized in Florida on December 10, 2004 under the name BH/Farris Holdings, LLC. b. Effective May 16, 2005, BH/Farris Holdings, LLC changed its name to BH-FFS, LLC by Articles of Amendment dated February 1, 2005, and filed on May 16, 2005 with the Florida Department of State. c. Effective September 9, 2010 BH-FFS, LLC changed its name to BRADCORP FLORIDA II, LLC by Articles of Amendment filed with the Florida Department of State on September 9, {BBA Firm Docs/1124/140329/ DOC:16 } 11

12 d. At all times material to the allegations in this complaint, BRADCORP FLORIDA II, LLC did business under the fictitious name FFS. e. BRADCORP FLORIDA II, LLC, while named BH-FFS, LLC registered with the Florida Department of State, Division of Corporations to do business under the fictitious name FFS on June 24, f. At all times material to the allegations in this complaint, BRADCORP FLORIDA II, LLC did business in St. Johns County, Florida. g. At all times material to the allegations in this complaint, BRADCORP FLORIDA II, LLC installed light weight concrete including balcony flooring and performed related services at the Condominium including installing the T-bar that forms the balcony edge. h. At all times material to the allegations in this complaint, BRADCORP FLORIDA II, LLC supplied light weight concrete and related materials to the Condominium. i. BRADCORP FLORIDA II, LLC is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by BRADCORP FLORIDA II, LLC or by persons or entities working for BRADCORP FLORIDA II, LLC. j. Upon information and belief, BRADCORP FLORIDA II, LLC performed services and supplied materials related to the following defects at the Condominium: i. balcony metal flashing termination; and ii. all other defects associated with the light weight concrete installation and related service. {BBA Firm Docs/1124/140329/ DOC:16 } 12

13 k. BRADCORP FLORIDA II, LLC is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by BRADCORP FLORIDA II, LLC or by persons or entities working for BRADCORP FLORIDA II, LLC. l. BRADCORP FLORIDA II, LLC is responsible for the construction defects described below and the resulting property damage arising from materials supplied to the Condominium by or on behalf of BRADCORP FLORIDA II, LLC. m. BRADCORP FLORIDA II, LLC issued a Subcontractor Warranty dated October 26, 2005 warranting its work and materials. A true and correct copy of said warranty is attached as Exhibit A. 33. BROGAN POOLS AND SPAS, INC. is an inactive Florida corporation. a. At all times material to the allegations in this complaint, BROGAN POOLS AND SPAS, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, BROGAN POOLS AND SPAS, INC. was licensed through David A. Brogan, qualifying agent, as a certified pool/spa contractor in the State of Florida. c. At all times material to the allegations in this complaint, BROGAN POOLS AND SPAS, INC. constructed the swimming pool and related improvements at the Condominium. d. At all times material to the allegations in this complaint, BROGAN POOLS AND SPAS, INC. supplied materials for the construction of the pool and related improvements at the Condominium. {BBA Firm Docs/1124/140329/ DOC:16 } 13

14 e. Upon information and belief, BROGAN POOLS AND SPAS, INC. performed services and supplied materials related to the following defects at the Condominium: i. swimming pool; and ii. all other defects associated with the construction of the swimming pool. f. BROGAN POOLS AND SPAS, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by BROGAN POOLS AND SPAS, INC. or performed by persons or entities working for BROGAN POOLS AND SPAS, INC. g. BROGAN POOLS AND SPAS, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by or on behalf of BROGAN POOLS AND SPAS, INC. h. BROGAN POOLS AND SPAS, INC. issued a Subcontractor Warranty dated November 30, 2006 warranting its work and materials. A true and correct copy of said warranty is attached as Exhibit B. 34. NIGEL CARL BROWN is a resident of St. Johns County, Florida. a. At all times material to the allegations in this complaint, NIGEL CARL BROWN did business under the fictitious name St. Johns Irrigation & Landscaping. b. NIGEL CARL BROWN registered to do business under the fictitious name St. Johns Irrigation & Landscaping by filing as the owner of the name with the Florida Department of State on December 17, 2002 under registration number G {BBA Firm Docs/1124/140329/ DOC:16 } 14

15 c. At all times material to the allegations in this complaint, NIGEL CARL BROWN did business in St. Johns County, Florida. d. At all times material to the allegations in this complaint, NIGEL CARL BROWN provided irrigation, landscaping and related services to the Condominium. e. At all times material to the allegations in this complaint, NIGEL CARL BROWN supplied irrigation, landscaping and related materials to the Condominium. f. Upon information and belief, NIGEL CARL BROWN performed services and supplied materials related to the following defects at the Condominium: i. structural framing (water source); ii. exterior grade at foundation and site grading; iii. pavement distress (water source); and iv. all other defects associated with irrigation, landscaping and related services. g. NIGEL CARL BROWN is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by ST. JOHNS IRRIGATION & LANDSCAPING, LLC or by persons or entities working for him. h. NIGEL CARL BROWN is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by him. i. NIGEL CARL BROWN doing business under the fictitious name St. Johns Irrigation & Landscaping issued a Subcontractor Warranty on August 24, 2007 and on {BBA Firm Docs/1124/140329/ DOC:16 } 15

16 October 17, 2007 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit C. 35. BUILDER SERVICES GROUP, INC. is a Florida corporation. a. BUILDER SERVICES GROUP, INC. has an employer identification number of b. BUILDER SERVICES GROUP, INC. is the resulting surviving entity of the following filings, mergers, and corporate amendments: i. Gale Industries, Inc. was incorporated as a Florida corporation effective December 28, 1993 by filing with the Florida Department of State. The employer identification number of such entity was ii. Gutter King, Inc., a Florida corporation, merged into Gale Industries, Inc. by those certain Articles of Merger effective and filed with the Florida Department of State on October 12, iii. Gale Industries, Inc. amended its name to Masco Contractor Services Central, Inc. effective as of June 6, 2001 as memorialized by Name Change Amendment filed on June 6, 2001 with the Florida Department of State. TOPBUILD CORP., a Delaware corporation, then known as Masco Contractor Services, Inc. gave consent to the Florida Department of State for Gale Industries, Inc. to use the name Masco Contractor Services Central, Inc. in the State of Florida. iv. Masco Contractor Services, East, Inc., a Delaware corporation, merged into Masco Contractor Services Central, Inc. by merger effective as of January 1, 2006 and the surviving corporation was BUILDER SERVICES GROUP, INC. then known as Masco {BBA Firm Docs/1124/140329/ DOC:16 } 16

17 Contractor Services Central, Inc. all as memorialized by the Articles of Merger filed with the Florida Department of State on December 13, v. Masco Contractor Services Central, Inc. changed its name to BUILDER SERVICES GROUP, INC. effective January 1, 2006 by Articles of Amendment to Articles of Incorporation filed with the Florida Department of State on December 15, c. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. operated under many trade names including: BSI Building Products & Services, Gale Insulation, Gale Insulation and Specialties, Gale Home Improvements, Gale Industries, Gale Industries, Inc., Gutter King, Gutters Unlimited, Masco and Builders Services Group. d. BUILDER SERVICES GROUP, INC., while known as Gale Industries, Inc. registered with the Florida Department of State to do business under the fictitious names Gale Insulation & Specialties and Gale Insulation. e. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. did business in St. Johns County, Florida. f. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. acted in concert and with common design with defendant TOPBUILD CORP. and gave substantial assistance or encouragement to defendant TOPBUILD CORP., with respect to the services performed and materials supplied to the Condominium and with respect to the below described failures to comply with the obligations under the Florida Building Code, or statutory warranties under Fla. Stat. g. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. was the alter ego of defendant TOPBUILD CORP. with respect to {BBA Firm Docs/1124/140329/ DOC:16 } 17

18 the services performed and materials supplied to the Condominium and with respect to the below described failures to comply with the obligations under the Florida Building Code, or statutory warranties under Fla. Stat. h. The current mailing address maintained by BUILDER SERVICES GROUP, INC. with the Florida Department of State is: c/o Tax Dept, Van Born Road Taylor, Michigan i. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. under the fictitious name Gale Insulation provided fireplace and chimney installation services to the Condominium. j. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. under the fictitious name BSI Building Products and Services provided bath access, shelving, fire exiting, door hardware, flooring and blind services to the Condominium. k. At all times material to the allegations in this complaint, BUILDER SERVICES GROUP, INC. supplied materials used at or incorporated into the Condominium related to the services it performed at the Condominium. l. Upon information and belief, BUILDER SERVICES GROUP, INC. performed services and supplied materials related to the following defects at the Condominium: i. roofing (improper chimney flashing); ii. sliding glass doors; iii. unit side-hinged door opening; iv. garage exterior door jambs; {BBA Firm Docs/1124/140329/ DOC:16 } 18

19 v. stair stringer lateral bracing; vi. stair stringer paint; and vii. floor sound isolation. m. BUILDER SERVICES GROUP, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by BUILDER SERVICES GROUP, INC. or by persons or entities working for BUILDER SERVICES GROUP, INC. n. BUILDER SERVICES GROUP, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied by BUILDER SERVICES GROUP, INC. o. BUILDER SERVICES GROUP, INC. is also responsible for the construction defects described below and the resulting property damage arising from any services performed, or the materials supplied to the Condominium by TOPBUILD CORP. p. BUILDER SERVICES GROUP, INC. doing business under the fictitious names Gale Insulation and BSI Building Products & Services issued a Subcontractor Warranty on July 10, 2007, on August 27, 2007 and on August 28, 2007 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit D. 36. ENERGY SAVING PRODUCTS OF FLORIDA, INC. is an inactive Florida corporation. a. ENERGY SAVING PRODUCTS OF FLORIDA, INC. was first incorporated in Florida on August 7, 2000 under the name Energy Savings Products Manufacturing of Florida, Inc. {BBA Firm Docs/1124/140329/ DOC:16 } 19

20 b. Effective August 14, 2000, Energy Saving Products Manufacturing of Florida, Inc. changed its name to Energy Saving Products of Florida, Inc. by amendment dated August 10, 2000, and filed on August 14, 2000 with the Florida Department of State. c. At all times material to the allegations in this complaint ENERGY SAVING PRODUCTS OF FLORIDA, INC. did business in St. Johns County, Florida. d. At all times material to the allegations in this complaint, ENERGY SAVING PRODUCTS OF FLORIDA, INC. installed windows and doors and performed related services to the Condominium. e. At all times material to the allegations in this complaint, ENERGY SAVING PRODUCTS OF FLORIDA, INC. supplied windows, doors and other materials related to its services to the Condominium. f. Upon information and belief, ENERGY SAVING PRODUCTS OF FLORIDA, INC. performed services and supplied materials related to the following defects at the Condominium: i. head flashing; ii. windows and surrounds; iii. sliding glass doors; and iv. all other defects associated with windows and doors. g. ENERGY SAVING PRODUCTS OF FLORIDA, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by ENERGY SAVING PRODUCTS OF {BBA Firm Docs/1124/140329/ DOC:16 } 20

21 FLORIDA, INC. or by persons or entities working for ENERGY SAVING PRODUCTS OF FLORIDA. h. ENERGY SAVING PRODUCTS OF FLORIDA, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by ENERGY SAVING PRODUCTS OF FLORIDA, INC. 37. F.J.T. CONSTRUCTION, INC. is an inactive Florida corporation. a. At all times material to the allegations in this complaint, F.J.T. CONSTRUCTION, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, F.J.T. CONSTRUCTION, INC. installed concrete and performed related services at the Condominium. c. At all times material to the allegations in this complaint, F.J.T. CONSTRUCTION, INC. supplied concrete materials and related materials to the Condominium. d. Upon information and belief, F.J.T. CONSTRUCTION, INC. performed services and supplied materials related to the following defects at the Condominium: i. ground floor breezeway cracking; and ii. all other defects associated with concrete finish work. e. F.J.T. CONSTRUCTION, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by F.J.T. CONSTRUCTION, INC. or by persons or entities working for F.J.T. CONSTRUCTION, INC. {BBA Firm Docs/1124/140329/ DOC:16 } 21

22 f. F.J.T. CONSTRUCTION, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by F.J.T. CONSTRUCTION, INC. 38. HWZ, LLC is an Ohio limited liability corporation. a. HOGE-WARREN-ZIMMERMANN CO. was first organized in Ohio on June 28, b. HOGE-WARREN-ZIMMERMANN CO. effective October 1, 1999 registered with the Florida Department of State to do business as a foreign for profit corporation. The employer identification number of such entity was c. HOGE-WARREN-ZIMMERMANN CO. merged on March 10, 2005 into HWZ, LLC. d. At all times material to the allegations in this complaint, HOGE- WARREN-ZIMMERMANN CO. did business under the fictitious names Farris Floor Systems and Farris Gypsum Floors of Florida. e. HOGE-WARREN-ZIMMERMANN CO. registered with the Florida Department of State to do business under the fictitious name Farris Floor Systems under registration number G with the Florida Department of State effective on October 1, f. HOGE-WARREN-ZIMMERMANN CO. registered with the Florida Department of State to do business under the fictitious name Farris Gypsum Floors of Florida under registration number G with the Florida Department of State effective on August 9, {BBA Firm Docs/1124/140329/ DOC:16 } 22

23 g. HWZ, LLC is the successor to HOGE-WARREN-ZIMMERMANN CO. and by merger with HOGE-WARREN-ZIMMERMANN CO., became responsible for all warranties and liabilities of HOGE-WARREN-ZIMMERMANN CO. h. At all times material to the allegations in this complaint, HOGE- WARREN-ZIMMERMANN CO. did business in St. Johns County, Florida. i. At all times material to the allegations in this complaint, HOGE- WARREN-ZIMMERMANN CO. installed light weight concrete including balcony flooring and performed related services at the Condominium. j. At all times material to the allegations in this complaint, HOGE- WARREN-ZIMMERMANN CO. supplied light weight concrete and related materials to the Condominium. k. Upon information and belief, HOGE-WARREN-ZIMMERMANN CO. performed services and supplied materials related to the following defects at the Condominium: i. balcony metal flashing termination; and ii. all other defects associated with light weight concrete installation and related service. l. HOGE-WARREN-ZIMMERMANN CO. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by HOGE-WARREN-ZIMMERMANN CO. or by persons or entities working for HOGE-WARREN-ZIMMERMANN CO. {BBA Firm Docs/1124/140329/ DOC:16 } 23

24 m. HOGE-WARREN-ZIMMERMANN CO. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied by HOGE-WARREN-ZIMMERMANN CO. n. HOGE-WARREN-ZIMMERMANN CO. doing business as Farris Floor Systems issued a Subcontractor Warranty on August 27, 2007 warranting its work and materials. A true and correct copy of said warranty is attached as Exhibit E. 39. HORIZON TILE & CARPET, INC. is a Florida corporation. a. At all times material to the allegations in this complaint, HORIZON TILE & CARPET, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, HORIZON TILE & CARPET, INC. installed ceramic tile, flooring, carpeting and performed related services to the Condominium. c. At all times material to the allegations in this complaint, HORIZON TILE & CARPET, INC. supplied ceramic tile, carpet, flooring and related materials to the Condominium. d. Upon information and belief, HORIZON TILE & CARPET, INC. performed services and supplied materials related to the following defects at the Condominium: i. floor sound isolation; and ii. all other defects associated with flooring and flooring installation. e. HORIZON TILE & CARPET, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services {BBA Firm Docs/1124/140329/ DOC:16 } 24

25 performed at the Condominium by HORIZON TILE & CARPET, INC. or by persons or entities working for HORIZON TILE & CARPET, INC. f. HORIZON TILE & CARPET, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied by HORIZON TILE & CARPET, INC. g. HORIZON TILE & CARPET, INC. issued a Subcontractor Warranty on August 27, 2007 warranting its work and materials. A true and correct copy of said warranty is attached as Exhibit F. 40. H.R. VANKIRK ELECTRIC, INC. is an inactive Florida corporation. a. At all times material to the allegations in this complaint, H.R. VANKIRK ELECTRIC, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, H.R. VANKIRK ELECTRIC, INC. provided electrical installation services at the Condominium. c. At all times material to the allegations in this complaint, H.R. VANKIRK ELECTRIC, INC. provided fire alarm installation services at the Condominium. d. At all times material to the allegations in this complaint, H.R. VANKIRK ELECTRIC, INC. supplied electrical materials and fire alarm systems to the Condominium. e. Upon information and belief, H.R. VANKIRK ELECTRIC, INC. performed services and supplied materials related to the following defects at the Condominium: i. fire alarm system; ii. structural framing (wall penetrations); iii. attic separation walls (penetrations); {BBA Firm Docs/1124/140329/ DOC:16 } 25

26 iv. separation wall isolation (unsealed boxes); and v. all other defects associated with fire alarm or electrical work. f. H.R. VANKIRK ELECTRIC, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed to the Condominium by H.R. VANKIRK ELECTRIC, INC. or by persons or entities working for H.R. VANKIRK ELECTRIC, INC. g. H.R. VANKIRK ELECTRIC, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied by H.R. VANKIRK ELECTRIC, INC. h. H.R. VANKIRK ELECTRIC, INC. issued a Subcontractor Warranty on March 9, 2007 and on July 30, 2007 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit G. 41. IGC ROOFING, INC. is an inactive Florida corporation. a. At all times material to the allegations in this complaint IGC ROOFING, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, IGC ROOFING, INC. performed roofing and related services at the Condominium. c. At all times material to the allegations in this complaint, IGC ROOFING, INC. supplied materials to the Condominium including roofing materials, flashings, fasteners, insulation, caulk, and roof vents. d. Upon information and belief, IGC ROOFING, INC. performed services and supplied materials related to the following defects at the Condominium: {BBA Firm Docs/1124/140329/ DOC:16 } 26

27 i. roofing; ii. roof sheathing; and iii. all other defects associated with roofing installation and materials. e. IGC ROOFING, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by IGC ROOFING, INC. or by persons or entities working for IGC ROOFING, INC. f. IGC ROOFING, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied by IGC ROOFING, INC. g. IGC ROOFING, INC. issued a Subcontractor Warranty dated September 2, 2005 and dated January 30, 2006 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit H. 42. J.D. VAUGHN & SONS PLUMBING, INC. is a Florida corporation. a. At all times material to the allegations in this complaint, J.D. VAUGHN & SONS PLUMBING, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, J.D. VAUGHN & SONS PLUMBING, INC. installed plumbing materials and performed related services to Condominium. c. At all times material to the allegations in this complaint, J.D. VAUGHN & SONS PLUMBING, INC. supplied plumbing products and related materials to the Condominium. {BBA Firm Docs/1124/140329/ DOC:16 } 27

28 d. Upon information and belief, J.D. VAUGHN & SONS PLUMBING, INC. performed services and supplied materials related to the following defects at the Condominium: i. structural framing (penetrations); ii. attic separation walls (penetrations); iii. roofing (plumbing stack penetration flashings); iv. air handling units (condensate plumbing); v. common condensate drains; and vi. all other defects associated with plumbing. e. J.D. VAUGHN & SONS PLUMBING, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed to the Condominium by J.D. VAUGHN & SONS PLUMBING, INC. or by persons or entities working for J.D. VAUGHN & SONS PLUMBING, INC. f. J.D. VAUGHN & SONS PLUMBING, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by J.D. VAUGHN & SONS PLUMBING, INC. g. J.D. VAUGHN & SONS PLUMBING, INC. issued a Subcontractor Warranty on August 25, 2005 and on October 8, 2007 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit I. 43. MCGOWAN S INVESTMENTS, INC. is a Florida Corporation. a. MCGOWAN S INVESTMENTS, INC. was first organized in Florida on April 29, 1974 under the name McGowan s Heating & Air Conditioning, Inc. {BBA Firm Docs/1124/140329/ DOC:16 } 28

29 b. Effective December 22, 2008, McGowan s Heating & Air Conditioning, Inc. changed its name to McGowan s Investments, Inc. by amendment filed on December 22, 2008 with the Florida Department of State. c. At all times material to the allegations in this complaint, MCGOWAN S INVESTMENTS, INC. did business in St. Johns County, Florida. d. At all times material to the allegations in this complaint, MCGOWAN S INVESTMENTS, INC. installed HVAC and performed related services to the Condominium. e. At all times material to the allegations in this complaint, MCGOWAN S INVESTMENTS, INC. supplied HVAC equipment and related materials to the Condominium. f. Upon information and belief, MCGOWAN S INVESTMENTS, INC. performed services and supplied materials related to the following defects at the Condominium: i. air handling unit; ii. HVAC refrigerant lines; iii. common condensate drains; and iv. all other defects associated with HVAC installation and equipment. g. MCGOWAN S INVESTMENTS, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by MCGOWAN S INVESTMENTS, INC. or by persons or entities working for MCGOWAN S INVESTMENTS, INC. h. MCGOWAN S INVESTMENTS, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by MCGOWAN S INVESTMENTS, INC. {BBA Firm Docs/1124/140329/ DOC:16 } 29

30 i. MCGOWAN S INVESTMENTS, INC. issued a Subcontractor Warranty on July 10, 2007 warranting its work and materials. MCGOWAN S INVESTMENTS, INC. also issued a warranty on its letterhead dated July 10, A true and correct copy of said warranties are attached as Composite Exhibit J. 44. MORTON CONCRETE, INC. is an inactive Florida corporation. a. At all times material to the allegations in this complaint, MORTON CONCRETE, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, MORTON CONCRETE, INC. installed waterproofing and performed related services to the Condominium. c. At all times material to the allegations in this complaint, MORTON CONCRETE, INC. supplied waterproofing products and related materials to the Condominium. d. MORTON CONCRETE, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by MORTON CONCRETE, INC. or by persons or entities working for MORTON CONCRETE, INC. e. MORTON CONCRETE, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by MORTON CONCRETE, INC. f. MORTON CONCRETE, INC. issued a Subcontractor Warranty on November 1, 2005 warranting its work and materials. A true and correct copy of said warranty is attached as Exhibit K. {BBA Firm Docs/1124/140329/ DOC:16 } 30

31 45. QUALITY HOME EXTERIORS, LLC is an inactive Florida limited liability company. a. QUALITY HOME EXTERIORS, LLC was organized as a Florida limited liability company in 2002 by filing with the Florida Department of State. b. At all times material to the allegations in this complaint, QUALITY HOME EXTERIORS, LLC did business in St. Johns County, Florida. c. At all times material to the allegations in this complaint, QUALITY HOME EXTERIORS, LLC installed soffit and fascia and performed related services to the Condominium. d. At all times material to the allegations in this complaint, QUALITY HOME EXTERIORS, LLC supplied soffit and fascia and other materials to the Condominium. e. Upon information and belief, QUALITY HOME EXTERIORS, LLC performed services and supplied materials related to the following defects at the Condominium: i. eave soffit; and ii. all other defects associated with soffit or fascia. f. QUALITY HOME EXTERIORS, LLC is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by QUALITY HOME EXTERIORS, LLC or by persons or entities working for QUALITY HOME EXTERIORS, LLC. g. QUALITY HOME EXTERIORS, LLC is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by QUALITY HOME EXTERIORS, LLC. {BBA Firm Docs/1124/140329/ DOC:16 } 31

32 h. QUALITY HOME EXTERIORS, LLC issued a Subcontractor Warranty on July 13, 2007 warranting its work and materials. A true and correct copy of said warranty is attached as Exhibit L. 46. RF GROUP, LLC is a Florida limited liability company. a. RF GROUP, LLC was organized as a Florida limited liability company on July 31, 2008 by filing with the Florida Department of State. b. RF GROUP, LLC registered with the Florida Department of State on December 29, 2008 to do business under the fictitious name McGowan s Heating & Air Conditioning. c. Upon information and belief on or about December 29, 2008, RF GROUP, LLC acquired the business assets and assumed the liabilities of MCGOWAN S INVESTMENTS, INC. which until December 22, 2008 was known as and did business as McGowan s Heating & Air Conditioning. d. RF GROUP, LLC is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by MCGOWAN S INVESTMENTS, INC. e. RF GROUP, LLC is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by MCGOWAN S INVESTMENTS, INC. f. RF GROUP, LLC is responsible for the warranties issued by MCGOWAN S INVESTMENTS, INC. 47. RIDENHOUR CONCRETE & SUPPLY, INC. is an inactive Florida corporation. {BBA Firm Docs/1124/140329/ DOC:16 } 32

33 a. At all times material to the allegations in this complaint, RIDENHOUR CONCRETE & SUPPLY, INC. did business in St. Johns County, Florida. b. At all times material to the allegations in this complaint, RIDENHOUR CONCRETE & SUPPLY, INC. installed concrete and performed related services to the Condominium. c. At all times material to the allegations in this complaint, RIDENHOUR CONCRETE & SUPPLY, INC. supplied concrete materials to the Condominium. d. Upon information and belief, RIDENHOUR CONCRETE & SUPPLY, INC. performed services and supplied materials related to the following defects at the Condominium: i. damaged curb and gutter; and ii. all other defects associated with concrete installation, materials or related services. e. RIDENHOUR CONCRETE & SUPPLY, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed at the Condominium by RIDENHOUR CONCRETE & SUPPLY, INC. or by persons or entities working for RIDENHOUR CONCRETE & SUPPLY, INC. f. RIDENHOUR CONCRETE & SUPPLY, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by RIDENHOUR CONCRETE & SUPPLY, INC. {BBA Firm Docs/1124/140329/ DOC:16 } 33

34 g. RIDENHOUR CONCRETE & SUPPLY, INC. issued a Subcontractor Warranty on August 29, 2007 and on August 30, 2007 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit M. 48. ST. JOHNS IRRIGATION & LANDSCAPING, LLC is an inactive Florida limited liability company. a. At all times material to the allegations in this complaint, ST. JOHNS IRRIGATION & LANDSCAPING, LLC did business under the fictitious name St. Johns Irrigation & Landscaping. b. At all times material to the allegations in this complaint, ST. JOHNS IRRIGATION & LANDSCAPING, LLC did business in St. Johns County, Florida. c. At all times material to the allegations in this complaint, ST. JOHNS IRRIGATION & LANDSCAPING, LLC provided irrigation, landscaping and related services to the Condominium. d. At all times material to the allegations in this Complaint, ST. JOHNS IRRIGATION & LANDSCAPING, LLC supplied irrigation, landscaping and related materials to the Condominium. e. Upon information and belief, ST. JOHNS IRRIGATION & LANDSCAPING, LLC performed services and supplied materials related to the following defects at the Condominium: i. structural framing (water source); ii. exterior grade at foundation and site grading; iii. pavement distress (water source); and {BBA Firm Docs/1124/140329/ DOC:16 } 34

35 iv. all other defects associated with irrigation, landscaping and related services. f. ST. JOHNS IRRIGATION & LANDSCAPING, LLC is responsible for the construction defects described below and the resulting property damage arising from the work and services performed to the Condominium by ST. JOHNS IRRIGATION & LANDSCAPING, LLC or by persons or entities working for ST. JOHNS IRRIGATION & LANDSCAPING, LLC. g. ST. JOHNS IRRIGATION & LANDSCAPING, LLC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by ST. JOHNS IRRIGATION & LANDSCAPING, LLC. h. ST. JOHNS IRRIGATION & LANDSCAPING, LLC. issued a Subcontractor Warranty on August 24, 2007 and on October 17, 2007 warranting its work and materials. A true and correct copy of said warranties are attached as Composite Exhibit N. 49. STANLEY SMITH DRYWALL, INC. is an Alabama corporation. a. STANLEY SMITH DRYWALL, INC. was first incorporated in Alabama on September 20, b. STANLEY SMITH DRYWALL, INC. registered to do business in Florida as a foreign profit corporation effective March 1, 2002 by filing with the Florida Department of State and continued such registration through present date. c. At all times material to the allegations in this complaint, STANLEY SMITH DRYWALL, INC. did business in St. Johns County, Florida. {BBA Firm Docs/1124/140329/ DOC:16 } 35

36 d. At all times material to the allegations in this complaint, STANLEY SMITH DRYWALL, INC. installed drywall and performed related services to the Condominium. e. At all times material to the allegations in this complaint, STANLEY SMITH DRYWALL, INC. supplied drywall and related materials to the Condominium. f. Upon information and belief, STANLEY SMITH DRYWALL, INC. performed services and supplied materials related to the following defects at the Condominium: i. attic separation walls; ii. breezeway ceilings; iii. floor sound isolation (IIC); iv. separation wall sound isolation (STC); and v. all other defects associated with drywall or related services. g. STANLEY SMITH DRYWALL, INC. is responsible for the construction defects described below and the resulting property damage arising from the work and services performed to the Condominium by STANLEY SMITH DRYWALL, INC. or by persons or entities working for STANLEY SMITH DRYWALL, INC. h. STANLEY SMITH DRYWALL, INC. is responsible for the construction defects described below and the resulting property damage arising from the materials supplied to the Condominium by STANLEY SMITH DRYWALL, INC. i. STANLEY SMITH DRYWALL, INC. issued a Subcontractor Warranty on October 1, 2007 applicable to Phase I & Phase II, and on October 1, 2007 applicable to {BBA Firm Docs/1124/140329/ DOC:16 } 36