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(Removes the typo in the 19th par to show that the probable defense argument was that there was no evidence that the building was in immediate danger)
By Tom Hals
Reuters
The disaster struck Surfside, Florida on June 24 as a major repair project began, although the cause of one of the worst residential construction failures in the United States likely has many contributing factors dating back to several years.
“Whether they are architects, engineers or contractors involved in this building, we will ask everyone to hold each party responsible for their negligence,” said Daniel Wagner, a real estate attorney at South Florida, who declined to say whether he represented anyone involved in the collapse.
But it will be a process complicated by fingering and a trend in recent years in Florida law that has made it increasingly difficult to hold parties accountable for construction defects, attorneys said.
Responsibility in complex disasters is often split among defendants, with a certain percentage split between each, legal experts have said.
“It’s my professional opinion that everyone is going to blame everyone,” Wagner said.
The death toll on Monday rose to 28 and 117 are missing.
Within 24 hours of the collapse, the first of at least three lawsuits were filed against Champlain Towers South Condominium Association Inc, run by a volunteer board of directors made up of owners, for failing to keep the property safe. building.
Bob McKee, a lawyer who filed a complaint on behalf of Steven Rosenthal, a resident who survived the collapse, said that until another cause can be identified, the presumption is that faulty maintenance was to blame.
The president of the condominium association warned residents in an April letter that the situation had “worsened considerably” since “major structural damage” was identified during a 2018 inspection. The president them urged support for an estimate of $ 15 million for repairs while acknowledging that the work “could have been done or planned in the past.”
McKee said the plaintiffs would identify other potentially responsible parties during the discovery process.
A lawsuit brought by the family of missing resident Harold Rosenberg also named Morabito Consultants and SD Architects as defendants for failing to warn residents of the danger of collapse.
The lawsuit criticized engineering firm Morabito, which carried out the 2018 inspection, for failing to notify the condominium association of the need to vacate the building. The company was held up again in 2020 and failed to warn residents that the damage it discovered two years earlier had not been repaired, according to the lawsuit.
Morabito said in a statement that he provided his 2018 report and recommendations to the condominium association.
René Rocha, a Morgan & Morgan lawyer working on the Rosenberg case, said informing the board may not have been enough.
“They could have quit work if they had told the council it would be dangerous to do it this way,” Rocha said. “Obviously, it didn’t turn out like that.”
Rosenberg’s lawsuit also indicated that he plans to sue Surfside for allegedly failing to hire an independent expert to inspect the building after receiving the 2018 Morabito report.
The co-owners association declined to comment on the lawsuit, SD Architects could not be contacted and the city did not respond.
Legal experts said the defendants would likely argue that there was no evidence the building posed an immediate risk of collapse.
A Florida judge on Friday appointed attorney Michael Goldberg of law firm Akerman as the receiver of the condominium association, which revealed Thursday it had $ 30 million in property insurance and $ 18 million. in civil liability. Miami-Dade circuit judge Michael Hanzman said the insurance “will obviously be insufficient to fully compensate everyone.”
DIFFICULTY HOLDING PARTIES RESPONSIBLE
According to Barry Ansbacher, a Florida attorney specializing in condominium and construction law, residents and their families may have to deal with Florida laws and court decisions that have made it more difficult for parties to hold the parties accountable. defects in professional design, construction or code compliance. .
For example, a 2006 law reduced from 15 years to 10 years the period during which plaintiffs can sue for certain design and construction defects and the potential personal liability of architects and engineers has also been reduced, Ansbacher said.
Court rulings have also limited liability, including a 1985 ruling that sovereign immunity protects local government building inspectors.
“Often the moment we discover something that was not done correctly, the allotted time is up and there is no liability,” Ansbacher said.
There is also the possibility of criminal prosecution.
Miami-Dade State Attorney Katherine Fernandez Rundle said she would ask a grand jury to examine the collapse, although she did not say whether she would consider charges. Florida grand juries can also make recommendations on public policy matters.
A Florida prosecutor said the most likely charge if someone’s actions led to collapse would be the crime of culpable negligent manslaughter.
“To commit a crime here, it takes more than what is currently reported,” said Dave Aronberg, state attorney for Palm Beach County. “You must have someone who knew destruction was imminent and did nothing about it.”
(Reporting by Tom Hals in Wilmington, Delaware; additional reporting by Alexandra Ulmer; editing by Noeleen Walder and Jonathan Oatis)
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