Filing # 120208791 E-Filed 01/25/2021 07:26:55 PM

Filing # 120208791 E-Filed 01/25/2021 07:26:55 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA
BRICKELL CITY CENTRE RETAIL LLC
f/k/a BRICKELL CITICENTRE WEST LLC,
BRICKELL CITY CENTRE PROJECT LLC
f/k/a BRICKELL CITICENTRE LLC,
BCC WEST RESIDENTIAL LLC,
BCC WEST SCU LLC,
BCC NORTH RESIDENTIAL LLC,
BCC NORTH SCU LLC,
BCC FACILITIES MANAGER LLC,
BCC HOTEL LLC,
BCC PARKING LLC,
BCC SERVICED APARTMENTS LLC,
Plaintiffs,
v.
ARQUITECTONICA INTERNATIONAL CORPORATION,
IBA CONSULTANTS, INC.,
AMERICARIBE-MORIARTY JV, a joint venture of
AMERICARIBE LLC f/k/a AMERICARIBE, INC. and
JOHN MORIARTY & ASSOCIATES OF FLORIDA, INC.,
BOUYGUES BATIMENT INTERNATIONAL,
JOHN MORIARTY & ASSOCIATES, INC.,
TECTA AMERICA SOUTH FLORIDA, INC.,
DECKTIGHT ROOFING SERVICES INC.,
PEDREIRAS, INC.,
USA PLASTERING, LLC,
GAMMA USA, INC.,
GLOBAL PERFORMANCE WINDOWS, INC.
d/b/a EPSYLON USA,
Defendants.
/
AMENDED1 COMPLAINT
Plaintiffs, BRICKELL CITY CENTRE RETAIL LLC f/k/a BRICKELL CITICENTRE
WEST LLC (“OWNER”), BRICKELL CITY CENTRE PROJECT LLC f/k/a BRICKELL
CITICENTRE LLC (“BCC”), BCC WEST RESIDENTIAL LLC (“RISE DEVELOPER”), BCC
1
The same exhibits were referenced in the Complaint as are referenced in this Amended Complaint. Therefore, the
Notices of Filing Exhibits to Complaint are hereby incorporated by reference as they attach copies of the documents
cited herein.
1
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WEST SCU LLC (“RISE ASSOCIATION”), BCC NORTH RESIDENTIAL LLC (“REACH
DEVELOPER”), BCC NORTH SCU LLC (“REACH ASSOCIATION”), BCC FACILITIES
MANAGER LLC (“BCC FACILITIES”), BCC HOTEL LLC (“BCC HOTEL”), BCC PARKING
LLC (“BCC PARKING”) and BCC SERVICED APARTMENTS LLC (“BCC SERVICED
APARTMENTS”) sue Defendants, ARQUITECTONICA INTERNATIONAL CORPORATION
(“ARQ”), IBA CONSULTANTS, INC. (“IBA”), AMERICARIBE LLC f/k/a AMERICARIBE,
INC. (“AMERICARIBE”) and JOHN MORIARTY & ASSOCIATES OF FLORIDA, INC.
(“MORIARTY”) as the members of the joint venture known as “AMERICARIBE-MORIARTY
JV”, BOUYGUES BATIMENT INTERNATIONAL (“AMERICARIBE PARENT”), JOHN
MORIARTY & ASSOCIATES, INC. (“MORIARTY PARENT”), TECTA AMERICA SOUTH
FLORIDA, INC. (“TECTA”), DECKTIGHT ROOFING SERVICES INC. (“DECKTIGHT”),
PEDREIRAS, INC. (“PEDREIRAS”), USA PLASTERING, LLC (“USA PLASTERING”),
GAMMA USA, INC. (“GAMMA”), and GLOBAL PERFORMANCE WINDOWS, INC. d/b/a
EPSYLON USA (“EPSYLON”), and allege as follows:
I. JURISDICTION AND VENUE
1. This is an action for damages in excess of $30,000.00, exclusive of interest, costs,
and attorneys’ fees.
2. Venue is proper in this judicial district as the causes of action asserted herein
accrued in this judicial district and at least one of the defendants resides in this judicial district.
3. Venue is also proper in this judicial district as the construction Project and property
that is the subject matter of this litigation is located in this judicial district.
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II. GENERAL ALLEGATIONS
A. THE PROJECT
4. Brickell City Centre is a large mixed-use facility located in the Brickell
neighborhood of downtown Miami, Florida.
5. The Project includes residential condominium components, hotel components,
substantial retail components, office buildings, transit facilities, restaurants, cinemas, and other uses.
6. The Project is spread over an area in excess of three city blocks and the property
at issue in this lawsuit includes all improvements on all three city blocks, with the exception of
two office towers which are not part of this lawsuit. The office buildings are excluded from this
lawsuit, except to the extent of their shared structural or mechanical components with other parts
of the Project (the foregoing collectively referred to herein as the “Project”).
B. PLAINTIFFS
7. OWNER2 is a Florida limited liability company with its principal place of business
in Miami-Dade County, Florida.
8. BCC3 is a Florida limited liability company with its principal place of business in
Miami-Dade County, Florida.
9. RISE DEVELOPER is a Florida limited liability company with its principal place
of business in Miami-Dade County, Florida.
10. RISE ASSOCIATION is a Florida limited liability company with its principal place
of business in Miami-Dade County, Florida.
2
Brickell CitiCentre East LLC and Brickell CitiCentre North LLC were merged with and into Brickell CitiCentre
West LLC on May 23, 2012. On May 24, 2012, the name of Brickell CitiCentre West LLC was changed to Brickell
CitiCentre Retail LLC, on November 14, 2012 its name was changed to Brickell CityCentre Retail LLC, and on
December 20, 2013, its name was changed to Brickell City Centre Retail LLC.
3
Brickell CitiCentre LLC changed its name to Brickell CityCentre Project LLC on November 14, 2012, which name
was changed to Brickell City Centre Project LLC on December 20, 2013.
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11. REACH DEVELOPER is a Florida limited liability company with its principal
place of business in Miami-Dade County, Florida.
12. REACH ASSOCIATION is a Florida limited liability company with its principal
place of business in Miami-Dade County, Florida.
13. BCC FACILITIES is a Florida limited liability company with its principal place of
business in Miami-Dade County, Florida.
14. BCC HOTEL is a Florida limited liability company with its principal place of
15. BCC PARKING is a Florida limited liability company with its principal place of
16. BCC SERVICED APARTMENTS is a Florida limited liability company with its
principal place of business in Miami-Dade County, Florida.
17. OWNER, BCC, RISE DEVELOPER, RISE ASSOCIATION, REACH
DEVELOPER, REACH ASSOCIATION, BCC FACILITIES, BCC HOTEL, BCC PARKING,
BCC SERVICED APARTMENTS together are hereinafter collectively referred to as
“PLAINTIFFS”.
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C. DEFENDANTS
18. ARQ is a Florida for profit corporation with its principal place of business in
Miami-Dade County, Florida.
19. ARQ served as the Architect of Record for the Project and was responsible for,
including, but not limited to, preparing and/or overseeing the preparation of the plans pursuant to
which the Project was to be constructed.
20. IBA is a Florida for profit corporation with its principal place of business in Miami-
Dade County, Florida.
21. AMERICARIBE4 is a Florida for profit corporation with its principal place of
22. MORIARTY is a Massachusetts for profit corporation which is authorized to
transact business in Florida.
23. AMERICARIBE and MORIARTY formed a joint venture called
“AMERICARIBE-MORIARTY JV” (also hereinafter referred to as “AMJV”), through which
joint venture they served as the general contractor for the construction of the Project.
24. AMERICARIBE and MORIARTY are jointly and severally liable for any damages
proximately caused by the actions of their joint venture, as well as all subcontractors, suppliers
and other entities with which AMJV contracted, in addition to any and all entities which otherwise
provided work, materials or services to the Project through AMJV. AMERICARIBE and
MORIARTY instructed, directed, coordinated and supervised the foregoing entities and their
involvements in the Project.
4
Americaribe, Inc. was converted to Americaribe LLC on July 12, 2017.
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25. AMERICARIBE PARENT is a French “Société Anonyme” registered at the
Versaille Trade Register under number 407 986 074 RCS Versailles, with its head office address
being 1, Avenue Eugène Freyssinet, 78280 Guyancourt, France, and the parent company to
AMERICARIBE.
26. MORIARTY PARENT is a Massachusetts profit corporation and the parent
company to MORIARTY.
27. AMERICARIBE PARENT and MORIARTY PARENT (together, “PARENT
GUARANTORS”) assured AMJV’s proper construction of the Project and issued certain Parent
Company Guaranties attached hereto as Exhibits assuring AMJV’s proper construction of the
Project.
28. TECTA is a Florida for profit corporation with its principal place of business in
Broward County, Florida.
29. DECKTIGHT is a Florida for profit corporation with its principal place of business
in Broward County, Florida.
30. PEDREIRAS is a Florida for profit corporation with its principal place of business
in Miami-Dade County, Florida.
31. USA PLASTERING is a Florida limited liability company with its principal place
of business in Broward County, Florida.
32. GAMMA is a Florida for profit corporation with its principal place of business in
Jersey City, New Jersey.
33. EPSYLON is a Florida for profit corporation with its principal place of business in
Broward County, Florida.
34. At all relevant times hereto, ARQ, IBA, AMERICARIBE, MORIARTY, PARENT
GUARANTORS, TECTA, DECKTIGHT, PEDREIRAS, USA PLASTERING, GAMMA and
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EPSYLON (collectively “DEFENDANTS”): (a) operated, conducted, engaged in, or carried on a
business or business venture in Florida, pursuant to Florida Statute § 48.193(1)(a), and (b) engaged
in substantial and not isolated activity within Florida, pursuant to Florida Statute § 48.193(2).
35. As part of the Parent Guaranties, the PARENT GUARANTORS also consented to
this venue and submitted themselves to the jurisdiction of this court.
D. DEFECTS AND DAMAGE

36. PLAINTIFFS are directly or indirectly responsible for the maintenance, repair
and/or operation of portions of the Project, or have or will bear costs associated with same.
37. PLAINTIFFS discovered defects in construction means, methods and/or materials
used in the construction of the Project and/or deficiencies and flaws in designs pursuant to which
the Project was constructed (collectively, “Defects”), (a) that have existed since the work was
completed but were latent, not readily recognizable by persons who lack special knowledge or
training and/or are hidden by building components or finishes, which through the exercise of
reasonable diligence were not discovered and which have required or might require destructive
testing to identify, investigate and address, (b) that have resulted in or allowed damage to other
non-defective/deficient parts of the Project and/or other non-defective/deficient property at the
Project, some property belonging to others, and some of which was installed after the Project was
completed (collectively, “Damage”), (c) none of which the PLAINTIFFS anticipated, expected,
intended, nor could have foreseen, (d) some of which will require ripping and/or tearing out the
non-defective/deficient work and/or installed materials of others and replacing it, and/or will
unavoidably involve damaging other property, some belonging to others, and some of which was
installed after the Project was completed (“Repairs”).
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38. The Defects, Damages and Repairs, include, but are not limited to, the following:
a. Defective stucco throughout the Project. Examples of the defective stucco

include delaminated stucco, spalling, breaking at the intersection of the
shear wall, which will necessitate the removal and replacement of large
portions of the stucco.
b. Defective windows and sliding glass doors. Large numbers of windows and
sliding glass doors throughout the Project are defectively installed.
Defective installation at the windows and sliding glass doors has allowed
for water intrusion into the structures and has resulted in damage.
c. The balcony rail systems at the Project have been defective installed and
many of the balconies have a negative slope.
d. The roofs and amenity deck roofs throughout the Project are defective and
have become saturated with water.
e. The pool decks throughout the Project are defective and substantial leaking
exists.
f. The panels affixed to the exterior of Project are defective, and damage and
water intrusion have resulted.
g. Planters throughout the Project are defective and are not sufficiently
watertight.
h. The drains throughout the Project are defective.
i. Certain post-tension cables at the Project are defective.
j. The canopy connecting various portions of the Project is defective, and

corrosion has resulted.
k. The cooling tower enclosures at the Project are defective, and rust has
resulted.
l. Waterproofing membranes throughout the Project have failed.
m. Leaks exist in the north block mechanical rooms.
n. The mechanical, plumbing and HVAC systems at the Project are defective.
o. Severe water intrusion has occurred in the garage, and substantial

stalagmites have formed.
p. Showers and shower pans throughout the Project are defective and leaking.
q. Hammams, steam rooms and spas throughout the Project are defective.
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39. Illustrations of some of the Defects, Damage and Repairs referenced in the above
paragraph include the following:5
EX REPORT TITLE DATED

A Preliminary Issues Photo Summary 5-22-20
B Field Observation Preliminary Report 7-20-20
C Evaluation Report & Repair Protocol 10-7-20
D Evaluation Report & Repair Protocol 10-28-20
E Preliminary Evaluation Report – North Block 6th Level – Amenities Deck, 12-8-20
Green Roof and Mechanical Room Roof
F Preliminary Evaluation Report – Hammam Reach Condominium 12-18-20
6th/Lobby Level North Block
G Preliminary Evaluation Report – Fitness Club Woman’s Steam Shower 12-18-20
40. PLAINTIFFS’ investigation into the Defects that exist, the Damage that has
resulted, and the Repairs that will be necessary to address the Defects and Damage is ongoing.
The foregoing instances and examples of Defects, Damage and Repairs in the Reports are
representative but not exhaustive. PLAINTIFFS anticipate that additional Defects, Damage and
Repairs will be discovered and determined.
41. DEFENDANTS are responsible and/or are liable, in whole or in part, for the
Defects, Damage and Repairs.
42. All conditions precedent, if any, to the actions set forth herein have occurred, have
been performed, have been waived,6 or have otherwise been excused by or legally satisfied as to
PLAINTIFFS.
5
All exhibits referenced and incorporated herein are being filed via separate notice of filing.
6
The provisions and procedures of Chapter 558, Florida Statutes, were contractually waived by the DEFENDANTS.
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III. CONTRACTS AND AGREEMENTS
43. True and correct copies of pertinent portions of contracts and agreements entered
into by the following DEFENDANTS with regard to the Project are incorporated herein as the
referenced exhibits:
EX DEFENDANT WITH DESCRIPTION / SCOPE DATED
H ARQ OWNER Architect of Record 1-1-11

I IBA ARQ Building Envelope Consulting Special 1-25-12
Inspection and Testing Services
J IBA BCC Building Envelope Consulting Special 1-24-13
Inspection and Testing Services
K AMJV BCC Prime Contract / General Contractor 7-2-13
L AMERICARIBE BCC Parent Company Guaranty 7-26-13
PARENT
M MORIARTY BCC Parent Company Guaranty 8-2-13
PARENT
N TECTA AMJV North Block Roofing and Waterproofing 12-12-14
O TECTA AMJV North Block Waterproofing 9-12-14
P TECTA AMJV MDT Waterproofing 1-6-15
Q DECKTIGHT AMJV East Block Roofing 11-5-14
R DECKTIGHT AMJV West Block Roofing and Waterproofing 12-18-14
S PEDREIRAS AMJV North and West Block 5-12-15
T PEDREIRAS AMJV North Block 3-24-15
U PEDREIRAS AMJV East Block 3-24-15
V USA PLASTERING AMJV West Block Stucco 6-20-14
W USA PLASTERING AMJV North Block Stucco 6-19-14
X EPSYLON AMJV Glass and Glazing 10-17-13
Y GAMMA AMJV Glass and Glazing 9-5-13
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IV. CAUSES OF ACTION
44. PLAINTIFFS assert the following causes of action against the listed DEFENDANTS:
COUNT PLAINTIFF(S) DEFENDANT(S) CAUSE OF ACTION
1 OWNER ARQ Breach of Contract
2 PLAINTIFFS ARQ Negligence
3 PLAINTIFFS ARQ Building Code Violations
4 PLAINTIFFS IBA Negligence
5 BCC IBA Breach of Contract
6 PLAINTIFFS IBA Building Code Violations
7 BCC AMERICARIBE Breach of Contract
8 RISE DEVELOPER AMERICARIBE Breach of Statutory Warranty
9 REACH DEVELOPER AMERICARIBE Breach of Statutory Warranty
10 PLAINTIFFS AMERICARIBE Building Code Violations
11 PLAINTIFFS AMERICARIBE Negligence
12 BCC MORIARTY Breach of Contract
13 RISE DEVELOPER MORIARTY Breach of Statutory Warranty
14 REACH DEVELOPER MORIARTY Breach of Statutory Warranty
15 PLAINTIFFS MORIARTY Building Code Violations
16 PLAINTIFFS MORIARTY Negligence
17 BCC AMERICARIBE PARENT Enforcement of Parent Company

Guaranty
18 BCC MORIARTY PARENT Enforcement of Parent Company

Guaranty
19 REACH DEVELOPER TECTA Breach of Statutory Warranty
20 PLAINTIFFS TECTA Building Code Violations
21 PLAINTIFFS TECTA Negligence
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COUNT PLAINTIFF(S) DEFENDANT(S) CAUSE OF ACTION
22 RISE DEVELOPER DECKTIGHT Breach of Statutory Warranty
23 PLAINTIFFS DECKTIGHT Building Code Violations
24 PLAINTIFFS DECKTIGHT Negligence
25 RISE DEVELOPER PEDREIRAS Breach of Statutory Warranty
26 REACH DEVELOPER PEDREIRAS Breach of Statutory Warranty
27 PLAINTIFFS PEDREIRAS Building Code Violations
28 PLAINTIFFS PEDREIRAS Negligence
29 RISE DEVELOPER USA PLASTERING Breach of Statutory Warranty
30 REACH DEVELOPER USA PLASTERING Breach of Statutory Warranty
31 PLAINTIFFS USA PLASTERING Building Code Violations
32 PLAINTIFFS USA PLASTERING Negligence
33 RISE DEVELOPER EPSYLON Breach of Statutory Warranty
34 REACH DEVELOPER EPSYLON Breach of Statutory Warranty
35 PLAINTIFFS EPSYLON Building Code Violations
36 PLAINTIFFS EPSYLON Negligence
37 PLAINTIFFS GAMMA Building Code Violations
38 PLAINTIFFS GAMMA Negligence
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ARQ
COUNT 1 BREACH OF CONTRACT
(BY OWNER AGAINST ARQ)
45. OWNER adopts and realleges the allegations in Sections I and II above as if fully
alleged herein.
46. OWNER entered into an agreement with ARQ for ARQ to serve as architect of
record, to design and oversee the construction of the Project, and to provide other services to the
Project more particularly described in and pursuant to their contract dated January 1, 2011
(Exhibit H, “ARQ Contract”).
47. OWNER fully performed its obligations under the ARQ Contract.
48. ARQ hired other professionals, consultants and entities to perform or assist ARQ
in performing the services that ARQ provided to the Project for which ARQ was responsible and
is liable.
49. ARQ breached the ARQ Contract by, including, but not limited to, failing to
properly design the Project, and/or failing to properly inspect, supervise and/or administer the
design and construction of the Project.
50. As a direct and proximate result of ARQ’s breaches, the Project was designed and
constructed with the Defects, that resulted in the Damage, and will require the Repairs.
51. As a direct and proximate result of ARQ’s breaches, OWNER has and will suffer
damages.
52. OWNER has retained the undersigned counsel to prosecute this action and has
become obligated to pay undersigned counsel reasonable attorneys’ fees. OWNER is entitled to
an award of reasonable attorneys’ fees against ARQ pursuant to, including, but not limited to,
B103 §10.1 of the ARQ Contract.
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PRAYER FOR RELIEF
WHEREFORE, OWNER demands judgment against ARQ, jointly and severally, for all of
OWNER’s damages, costs, interest, plus attorneys’, consultants’ and expert witness fees, pursuant
to B103 §10.1 of the ARQ Contract, and for such other and further relief to OWNER as the Court
deems just and proper.
COUNT 2 NEGLIGENCE
(BY PLAINTIFFS AGAINST ARQ)
53. PLAINTIFFS adopt and reallege the allegations in Sections I and II above as if
fully alleged herein.
54. ARQ was at all times material hereto responsible for the designing of the Project in
conformance with applicable codes and regulations, to be consistent with good design practice,
and to conduct its contract administration duties, including, but not limited to, inspections of the
Project, in a manner which assured that the Project was constructed in accordance with applicable
codes and regulations and would serve the purposes for which the Project was intended.
55. ARQ hired other professionals, consultants and entities to perform or assist ARQ
in performing the services that ARQ provided to the Project for which ARQ was responsible and
is liable.
56. ARQ owed a duty of care to PLAINTIFFS, as a design professional, to properly
design, inspect and supervise the design and construction work to be performed at the Project and
to properly carry out all of its obligations.
57. When ARQ undertook to design, oversee and supervise the design construction of
the Project, ARQ knew or should have known that PLAINTIFFS, and PLAINTIFFS’ property,
would sustain damage if the design or construction of Project was defectively or deficiently
performed.
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58. ARQ breached its duties to PLAINTIFFS by failing to exercise that degree of care
and standard of practice in performing its professional services with respect to the design and
supervision of the construction of the Project which a similarly-situated, reasonably-careful and
prudent design professional would use under like circumstances.
59. As a direct and proximate result of ARQ’s negligence, the Defects exist, the
Damage occurred, the Repairs are necessary, and the PLAINTIFFS have suffered and will continue
to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against ARQ, jointly and severally, for
all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief to PLAINTIFFS
as the Court deems just and proper.
COUNT 3 VIOLATION OF BUILDING CODES (FLA. STAT. § 553.84)

(BY PLAINTIFFS AGAINST ARQ)
61. Florida Statute § 553.84 expressly creates a statutory cause of action on behalf of
any person damaged as a result of a violation of the Florida Building Codes Act (Sections 553.70,
et seq., Florida Statutes) against the party or parties committing the violations.
62. Florida Statute § 553.84 provides, among other things, that “… any person or party,
in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a
violation of this part or the Florida Building Code, has a cause of action in any court of competent
jurisdiction against the person or party who committed the violation ...”.
63. The Florida Building Code establishes minimum standards primarily for public
health and life safety, and secondarily for protection of property as appropriate. The Florida
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Building Code also contains laws and rules which pertain to and govern, among other matters, the
design, construction, and erection of the Project.
64. ARQ actively participated in, among other things, the design, construction, and/or
erection of the Project, which contains the Defects, in violation of Florida Statute § 553.84 and the
Florida Building Code.
65. ARQ knew or should have known that violations of Florida Statute § 553.84 and
the Florida Building Code existed.
66. As a direct and proximate result of ARQ committing violations of Florida Statute
§ 553.84 and the Florida Building Code, the Damage occurred, the Repairs are necessary, and the
PLAINTIFFS have suffered and will continue to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS respectfully demand judgment for damages against ARQ
for all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief to
PLAINTIFFS as the Court deems just and proper.
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IBA
COUNT 4 NEGLIGENCE
(BY PLAINTIFFS AGAINST IBA)
68. IBA provided building envelope consulting, special inspection, testing services,
and other services to the Project more particularly described in and pursuant to its contract with
ARQ dated January 25, 2012 (Exhibit I).
69. IBA also provided building envelope consulting, special inspection, testing
services, and other services to the Project at the request of BCC.
70. IBA was at all times material hereto responsible for performing its services at the
Project in conformance with applicable codes and regulations, and in a way that was consistent
with good design practice, and to conduct its duties, including, but not limited to, inspections of
the Project, in a manner which assured that the Project was constructed in accordance with
applicable codes and regulations and would serve the purposes for which the Project was intended.
71. IBA owed a duty of care to PLAINTIFFS, as a professional, to properly design,
inspect and supervise the design and construction work to be performed at the Project and to
properly carry out all of its obligations.
72. When IBA undertook to design, oversee and supervise the design and construction
of the Project, IBA knew or should have known that PLAINTIFFS, and PLAINTIFFS’ property,
would sustain damage if the design or construction of Project was defectively or deficiently
performed.
73. IBA breached its duties to PLAINTIFFS by failing to exercise that degree of care
and standard of practice in performing its professional services with respect to the design and
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supervision of the construction of the Project which a similarly-situated, reasonably-careful and
prudent design professional would use under like circumstances.
74. As a direct and proximate result of IBA’s negligence, the Defects exist, the Damage
occurred, the Repairs are necessary, and the PLAINTIFFS have suffered and will continue to suffer
damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against IBA, jointly and severally, for all
of PLAINTIFFS’ damages, costs, interest, and for such other and further relief to PLAINTIFFS as
the Court deems just and proper.

(BY BCC AGAINST IBA)
75. BCC adopts and realleges the allegations in Sections I and II above as if fully
alleged herein.
76. BCC entered into an agreement with IBA for IBA to provide building envelope
consulting, special inspection, testing services, and other services to the Project more particularly
described in and pursuant to their contract dated January 24, 2013 (Exhibit J, “IBA-BCC
Contract” and “IBA-BCC Services”).
77. BCC fully performed its obligations under the IBA-BCC Contract.
78. IBA breached the IBA-BCC Contract by failing to properly perform its IBA-BCC
Services.
79. As a direct and proximate result of IBA’s breaches, the Project was designed and
80. As a direct and proximate result of IBA’s breaches, BCC has and will suffer
damages.
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81. BCC has retained the undersigned counsel to prosecute this action and has become
obligated to pay undersigned counsel reasonable attorneys’ fees. BCC is entitled to an award of
reasonable attorneys’ fees against IBA pursuant to, including, but not limited to, Article IX of the
IBA-BCC Contract.
PRAYER FOR RELIEF
WHEREFORE, BCC demands judgment against IBA, jointly and severally, for all of
BCC’s damages, costs, interest, plus attorneys’, consultants’ and expert witness fees, pursuant to
Article IX of the IBA-BCC Contract, and for such other and further relief to BCC as the Court
deems just and proper.

(BY PLAINTIFFS AGAINST IBA)
83. Florida Statute §553.84 expressly creates a statutory cause of action on behalf of
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86. IBA actively participated in, among other things, the design, construction, and/or
erection of the Project, which contains the Defects, in violation of Florida Statute § 553.84 and the
Florida Building Code.
87. IBA knew or should have known that violations of Florida Statute § 553.84 and the
Florida Building Code existed.
88. As a direct and proximate result of IBA committing violations of Florida Statute
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS respectfully demand judgment for damages against IBA for
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AMERICARIBE
(BY BCC AGAINST AMERICARIBE)
alleged herein.
90. BCC entered into an agreement for AMERICARIBE to, as part of the
AMERICARIBE-MORIARTY JV joint venture, serve as the general contractor for the
construction of the Project and provide work, materials and services to the Project as more
particularly described in and pursuant to their contract dated July 2, 2013 (Exhibit K, “Prime
Contract”).
91. BCC fully performed its obligations under the Prime Contract.
92. AMERICARIBE hired subcontractors, suppliers and other entities to perform work
and services, supply materials, or otherwise assist AMERICARIBE in constructing the Project, for
which AMERICARIBE was responsible and is liable.
93. AMERICARIBE breached the terms and conditions of the Prime Contract by,
including, but not limited to, failing to properly inspect, supervise and/or administer the
construction of the Project and failing to properly construct the Project.
94. As a direct and proximate result of AMERICARIBE’s breaches, the Project was
95. As a direct and proximate result of AMERICARIBE’s breaches, BCC has and will
suffer damages.
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reasonable attorneys’ fees against AMERICARIBE pursuant to, including, but not limited to, A102
§15.6.1 of the Prime Contract.
PRAYER FOR RELIEF
WHEREFORE, BCC demands judgment against AMERICARIBE, jointly and severally,
for all of BCC’s damages, costs, interest, plus attorneys’, consultants’ and expert witness fees,
pursuant to A102 §15.6.1 of the Prime Contract, and for such other and further relief to BCC as
COUNT 8 BREACH OF STATUTORY IMPLIED WARRANTY

(BY RISE DEVELOPER AGAINST AMERICARIBE)
97. RISE DEVELOPER adopts and realleges the allegations in Sections I and II above
as if fully alleged herein.
98. As stated in the Declaration of Rise Condominium recorded in the Miami-Dade
County, Florida Official Records in Book 29908 at Pages 132-329, under Chapter 718, Florida
Statutes, RISE DEVELOPER is the developer of the Rise Condominium, a part of the Project
(“Rise Condominium”).
99. Pursuant to Florida Statute § 718.203(2), AMERICARIBE granted to RISE
DEVELOPER a statutory implied warranty of fitness as to the work performed or materials
supplied as to: (a) the roof and structural components of the Rise Condominium, (b) mechanical
and plumbing elements serving the Rise Condominium, and (c) all other improvements and
materials of the Rise Condominium.
100. AMERICARIBE breached these statutory implied warranties in that the Rise
Condominium was and is not fit as to the work performed or materials supplied, as among other
matters, the Rise Condominium contains the Defects.
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101. As a direct and proximate result of AMERICARIBE’s breaches of these statutory
implied warranties, Damage has occurred, Repairs will be necessary, and RISE DEVELOPER has
been and will otherwise be damaged.
PRAYER FOR RELIEF
WHEREFORE, RISE DEVELOPER demands judgment against AMERICARIBE, jointly
and severally, for all of RISE DEVELOPER’s damages, costs, interest, and for such other and
further relief to RISE DEVELOPER as the Court deems just and proper.

(BY REACH DEVELOPER AGAINST AMERICARIBE)
102. REACH DEVELOPER adopts and realleges the allegations in Sections I and II
above as if fully alleged herein.
103. As stated in the Declaration of Reach Condominium recorded in the Miami-Dade
Statutes, REACH DEVELOPER is the developer of the Reach Condominium, a part of the Project
(“Reach Condominium”).
104. Pursuant to Florida Statute § 718.203(2), AMERICARIBE granted to REACH
supplied as to: (a) the roof and structural components of the Reach Condominium, (b) mechanical
and plumbing elements serving the Reach Condominium, and (c) all other improvements and
materials of the Reach Condominium.
105. AMERICARIBE breached these statutory implied warranties in that the Reach
matters, the Reach Condominium contains the Defects.
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106. As a direct and proximate result of AMERICARIBE’s breaches of these statutory
implied warranties, Damage has occurred, Repairs will be necessary, and REACH DEVELOPER
has been and will otherwise be damaged.
PRAYER FOR RELIEF
WHEREFORE, REACH DEVELOPER demands judgment against AMERICARIBE,
jointly and severally, for all of REACH DEVELOPER’s damages, costs, interest, and for such
other and further relief to REACH DEVELOPER as the Court deems just and proper.

(BY PLAINTIFFS AGAINST AMERICARIBE)
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111. AMERICARIBE actively participated in, among other things, the design,
construction, and/or erection of the Project, which contains Defects, in violation of Florida Statute
§ 553.84 and the Florida Building Code.
112. AMERICARIBE knew or should have known that violations of Florida Statute §
553.84 and the Florida Building Code existed.
113. As a direct and proximate result of AMERICARIBE committing violations of
Florida Statute § 553.84 and the Florida Building Code, the Damage occurred, the Repairs are
necessary, and the PLAINTIFFS have suffered and will continue to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS respectfully demand judgment for damages against
AMERICARIBE for all of PLAINTIFFS’ damages, costs, interest, and for such other and further
relief to PLAINTIFFS as the Court deems just and proper.
COUNT 11 NEGLIGENCE
(BY PLAINTIFFS AGAINST AMERICARIBE)
115. AMERICARIBE was at all times material hereto responsible for constructing the
Project in conformance with applicable codes and regulations, to be consistent with good
construction practices, and to conduct its contract administration duties, including, but not limited
to, inspections and supervision of the construction of the Project, in a manner which assured that
the Project was constructed in accordance with applicable codes and regulations and would serve
the purposes for which the Project was intended.
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116. AMERICARIBE hired subcontractors, suppliers and other entities to perform work
and services, supply materials, or otherwise assist AMERICARIBE in constructing the Project, for
which AMERICARIBE was responsible and is liable.
117. AMERICARIBE owed a duty of care to PLAINTIFFS to use reasonable care in
constructing, developing, erecting and inspecting the Project, and administering, monitoring and
supervising the entities performing work and services or supplying materials to the Project through
AMERICARIBE, and in properly carrying out all of its obligations.
118. When AMERICARIBE undertook to construct and oversee and supervise the
construction of the Project, AMERICARIBE knew or should have known that PLAINTIFFS, and
PLAINTIFFS’ property, would sustain damage if the construction of Project was defectively or
deficiently performed.
119. AMERICARIBE breached its duties to PLAINTIFFS by failing to exercise
reasonable care in constructing, developing, erecting and inspecting the Project, and administering,
monitoring and supervising the entities performing work and services or supplying materials to
the Project through AMERICARIBE, and in properly carrying out all of its obligations.
120. As a direct and proximate result of AMERICARIBE’s negligence, the Defects
exist, the Damage occurred, the Repairs are necessary, and the PLAINTIFFS have suffered and
will continue to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against AMERICARIBE, jointly and
severally, for all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief to
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MORIARTY
(BY BCC AGAINST MORIARTY)
alleged herein.
122. BCC entered into an agreement for MORIARTY to, as part of the MORIARTY-
MORIARTY JV joint venture, serve as the general contractor for the construction of the Project
and provide work, materials and services to the Project as more particularly described in and
pursuant to their contract dated July 2, 2013 (Exhibit K, “Prime Contract”).
123. BCC fully performed its obligations under the Prime Contract.
124. MORIARTY hired subcontractors, suppliers and other entities to perform work and
services, supply materials, or otherwise assist MORIARTY in constructing the Project, for which
MORIARTY was responsible and is liable.
125. MORIARTY breached the terms and conditions of the Prime Contract by,
including, but not limited to, failing to properly inspect, supervise and/or administer the
construction of the Project and failing to properly construct the Project.
126. As a direct and proximate result of MORIARTY’s breaches, the Project was
127. As a direct and proximate result of MORIARTY’s breaches, BCC has and will
suffer damages.
reasonable attorneys’ fees against MORIARTY pursuant to, including, but not limited to, A102
§15.6.1 of the Prime Contract.
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PRAYER FOR RELIEF
WHEREFORE, BCC demands judgment against MORIARTY, jointly and severally, for
all of BCC’s damages, costs, interest, plus attorneys’, consultants’ and expert witness fees,
pursuant to A102 §15.6.1 of the Prime Contract, and for such other and further relief to BCC as

(BY RISE DEVELOPER AGAINST MORIARTY)
131. Pursuant to Florida Statute § 718.203(2), MORIARTY granted to RISE
supplied as to: (a) the roof and structural components of the Rise Condominium, (b) mechanical
and plumbing elements serving the Rise Condominium, and (c) all other improvements and
materials of the Rise Condominium.
132. MORIARTY breached these statutory implied warranties in that the Rise
matters, the Rise Condominium contains the Defects.
133. As a direct and proximate result of MORIARTY’s breaches of these statutory
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PRAYER FOR RELIEF
WHEREFORE, RISE DEVELOPER demands judgment against MORIARTY, jointly and
severally, for all of RISE DEVELOPER’s damages, costs, interest, and for such other and further
relief to RISE DEVELOPER as the Court deems just and proper.

(BY REACH DEVELOPER AGAINST MORIARTY)
136. Pursuant to Florida Statute § 718.203(2), MORIARTY granted to REACH
supplied as to: (a) the roof and structural components of the Reach Condominium, (b) mechanical
and plumbing elements serving the Reach Condominium, and (c) all other improvements and
materials of the Reach Condominium.
137. MORIARTY breached these statutory implied warranties in that the Reach
matters, the Reach Condominium contains the Defects.
138. As a direct and proximate result of MORIARTY’s breaches of these statutory
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PRAYER FOR RELIEF
WHEREFORE, REACH DEVELOPER demands judgment against MORIARTY, jointly
and severally, for all of REACH DEVELOPER’s damages, costs, interest, and for such other and
further relief to REACH DEVELOPER as the Court deems just and proper.

(BY PLAINTIFFS AGAINST MORIARTY)
143. MORIARTY actively participated in, among other things, the design, construction,
and/or erection of the Project, which contains Defects, in violation of Florida Statute § 553.84 and
the Florida Building Code.
144. MORIARTY knew or should have known that violations of Florida Statute §
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145. As a direct and proximate result of MORIARTY committing violations of Florida
Statute § 553.84 and the Florida Building Code, the Damage occurred, the Repairs are necessary,
and the PLAINTIFFS have suffered and will continue to suffer damages.
PRAYER FOR RELIEF
MORIARTY for all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief
to PLAINTIFFS as the Court deems just and proper.
COUNT 16 NEGLIGENCE
(BY PLAINTIFFS AGAINST MORIARTY)
147. MORIARTY was at all times material hereto responsible for constructing the
148. MORIARTY hired subcontractors, suppliers and other entities to perform work and
services, supply materials, or otherwise assist MORIARTY in constructing the Project, for which
MORIARTY was responsible and is liable.
149. MORIARTY owed a duty of care to PLAINTIFFS to use reasonable care in
constructing, developing, erecting and inspecting the Project, and administering, monitoring and
supervising the entities performing work and services or supplying materials to the Project through
MORIARTY, and in properly carrying out all of its obligations.
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150. When MORIARTY undertook to construct and oversee and supervise the
construction of the Project, MORIARTY knew or should have known that PLAINTIFFS, and
PLAINTIFFS’ property, would sustain damage if the construction of Project was defectively or
deficiently performed.
151. MORIARTY breached its duties to PLAINTIFFS by failing to exercise reasonable
care in constructing, developing, erecting and inspecting the Project, and administering,
monitoring and supervising the entities performing work and services or supplying materials to
the Project through MORIARTY, and in properly carrying out all of its obligations.
152. As a direct and proximate result of MORIARTY’s negligence, the Defects exist,
the Damage occurred, the Repairs are necessary, and the PLAINTIFFS have suffered and will
continue to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against MORIARTY, jointly and
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AMERICARIBE PARENT
COUNT 17 ENFORCEMENT OF PARENT COMPANY GUARANTY
(BCC AGAINST AMERICARIBE PARENT)
153. BCC adopts and realleges the allegations in Sections I, II and III as well as all of
the PLAINTIFFS’ Counts against AMERICARIBE and MORIARTY (“Claims”) above as if fully
alleged herein.
154. As a material inducement and requirement for BCC to enter into the Prime Contract
with AMJV, AMERICARIBE PARENT issued the Parent Company Guaranty dated July 26, 2013
in favor of BCC (Exhibit L, “Americaribe Parent Guaranty”).
155. Pursuant to the Americaribe Parent Guaranty, AMERICARIBE PARENT agreed
as follows:
2. …[AMERICARIBE PARENT] unconditionally guarantees the

full and prompt performance and payment of all [AMJV’s]
obligations, duties, indemnities, liabilities and warranties under the
[Prime Contract], whether now existing or arising in the future under
an Amendment, Modification or Change Order to the [Prime
Contract], at such time or times as required by the terms of the
[Prime Contract], Amendment(s), Modification(s) or Change
Order(s). …
…
3. The obligations of [AMERICARIBE PARENT] under [the
Americaribe Parent Guaranty] are direct, absolute, irrevocable,
unconditional and co-extensive with and limited to the obligations
of [AMJV] under the [Prime Contract]. …
Americaribe Parent Guaranty, ¶2-3, p. 3.
156. BCC notified AMERICARIBE PARENT of the Defects, Damage, and Repairs.
157. BCC demanded that AMERICARIBE PARENT correct the Defects, remediate the
Damage and perform the Repairs.
158. AMERICARIBE PARENT has failed to correct the Defects, remediate the Damage
and perform the Repairs.
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159. Despite BCC’s repeated demands, AMERICARIBE PARENT has failed to honor
its obligations under the Americaribe Parent Guaranty.
160. Pursuant to the Americaribe Parent Guaranty, any and all damages proximately
flowing from the Defects, Damage and Repairs for which AMJV is liable are recoverable from
AMERICARIBE PARENT.
161. Accordingly, PLAINTIFFS’ damages sought through their Claims and for which
AMJV is found liable are due from and are payable by AMERICARIBE PARENT.
reasonable attorneys’ fees against AMERICARIBE PARENT pursuant to, including, but not
limited to, Paragraph 9 of the Americaribe Parent Guaranty.
PRAYER FOR RELIEF
WHEREFORE, BCC demands judgment against AMERICARIBE PARENT, jointly and
severally, for all of PLAINTIFFS’ damages, costs, interest, plus attorneys’, consultants’ and expert
witness fees, pursuant to Paragraph 9 of the Americaribe Parent Guaranty, and for such other and
further relief to BCC as the Court deems just and proper.
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MORIARTY PARENT
COUNT 18 ENFORCEMENT OF PARENT COMPANY GUARANTY
(BCC AGAINST MORIARTY PARENT)
163. BCC adopts and realleges the allegations in Sections I, II and III as well as all of
the PLAINTIFFS’ Counts against AMERICARIBE and MORIARTY (“Claims”) above as if fully
alleged herein.
164. As a material inducement and requirement for BCC to enter into the Prime Contract
with AMJV, MORIARTY PARENT issued the Parent Company Guaranty dated August 2, 2013
in favor of BCC (Exhibit M, “Moriarty Parent Guaranty”).
165. Pursuant to the Moriarty Parent Guaranty, MORIARTY PARENT agreed as
follows:
2. …[MORIARTY PARENT] unconditionally guarantees the full

and prompt performance and payment of all [AMJV’s] obligations,
duties, indemnities, liabilities and warranties under the [Prime
Contract], whether now existing or arising in the future under an
Amendment, Modification or Change Order to the [Prime Contract],
at such time or times as required by the terms of the [Prime
Contract], Amendment(s), Modification(s) or Change Order(s). …
…
3. The obligations of [MORIARTY PARENT] under [the Moriarty
Parent Guaranty] are direct, absolute, irrevocable, unconditional and
co-extensive with and limited to the obligations of [AMJV] under
the [Prime Contract]. …
Moriarty Parent Guaranty, ¶2-3, p. 3.
166. BCC notified MORIARTY PARENT of the Defects, Damage, and Repairs.
167. BCC demanded that MORIARTY PARENT correct the Defects, remediate the
Damage and perform the Repairs.
168. MORIARTY PARENT has failed to correct the Defects, remediate the Damage and
perform the Repairs.
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169. Despite BCC’s repeated demands, MORIARTY PARENT has failed to honor its
obligations under the Moriarty Parent Guaranty.
170. Pursuant to the Moriarty Parent Guaranty, any and all damages proximately flowing
from the Defects, Damage and Repairs for which AMJV is liable are recoverable from
MORIARTY PARENT.
171. Accordingly, PLAINTIFFS’ damages sought through their Claims and for which
AMJV is found liable are due from and are payable by MORIARTY PARENT.
reasonable attorneys’ fees against MORIARTY PARENT pursuant to, including, but not limited
to, Paragraph 9 of the Moriarty Parent Guaranty.
PRAYER FOR RELIEF
WHEREFORE, BCC demands judgment against MORIARTY PARENT, jointly and
severally, for all of PLAINTIFFS’ damages, costs, interest, plus attorneys’, consultants’ and expert
witness fees, pursuant to Paragraph 9 of the Moriarty Parent Guaranty, and for such other and
further relief to BCC as the Court deems just and proper.
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TECTA
(BY REACH DEVELOPER AGAINST TECTA)
174. AMJV subcontracted with TECTA for TECTA to satisfy and complete AMJV’s
obligations and responsibilities under the Prime Contract with regard to certain work, materials
and services in completing the Project, including, but not limited to, the work, materials and
services described in and provided pursuant to TECTA’s subcontracts attached hereto as
referenced in Section III above (TECTA’s “Work”).
176. Pursuant to Florida Statute § 718.203(2), AMJV and all of AMJV’s subcontractors
granted to REACH DEVELOPER a statutory implied warranty of fitness as to the work performed
or materials supplied as to: (a) the roof and structural components of the Reach Condominium, (b)
mechanical and plumbing elements serving the Reach Condominium, and (c) all other
improvements and materials of the Reach Condominium.
177. TECTA breached these statutory implied warranties in that TECTA’s Work in the
Reach Condominium was and is not fit as to the work performed or materials supplied, as among
other matters, the Reach Condominium contains the Defects.
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178. As a direct and proximate result of TECTA’s breaches of these statutory implied
warranties, Damage has occurred, Repairs will be necessary, and REACH DEVELOPER has been
and will otherwise be damaged.
PRAYER FOR RELIEF
WHEREFORE, REACH DEVELOPER demands judgment against TECTA, jointly and
severally, for all of REACH DEVELOPER’s damages, costs, interest, and for such other and

(BY PLAINTIFFS7 AGAINST TECTA)
180. AMJV subcontracted with TECTA for TECTA to satisfy and complete AMJV’s
services described in and provided pursuant to TECTA’s subcontracts attached hereto as
referenced in Section III above (TECTA’s “Work”).
7
All PLAINTIFFS except RISE DEVELOPER, RISE ASSOCIATION, BCC HOTEL and BCC SERVICED
APARTMENTS LLC.
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184. Through TECTA’s Work, TECTA actively participated in, among other things, the
design, construction, and/or erection of the Project, which contains Defects, in violation of Florida
Statute § 553.84 and the Florida Building Code.
185. TECTA knew or should have known that violations of Florida Statute § 553.84 and
the Florida Building Code existed.
186. As a direct and proximate result of TECTA committing violations of Florida Statute
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS respectfully demand judgment for damages against TECTA
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COUNT 21 NEGLIGENCE
(BY PLAINTIFFS8 AGAINST TECTA)
188. TECTA agreed to satisfy and complete AMJV’s obligations and responsibilities at
the Project with regard to certain work, materials and services, and did perform certain work and
services and did supply certain materials (TECTA’s “Work”).
189. TECTA was at all times material hereto responsible for performing its Work at the
190. TECTA owed a duty of care to PLAINTIFFS to use reasonable care in constructing,
developing, erecting and inspecting the Project with regard to its Work, and administering,
monitoring and supervising any and all entities performing work and services or supplying
materials to the Project through TECTA, and in properly carrying out all of its obligations.
191. When TECTA undertook to construct and oversee and supervise the construction
of the Project with regard to its Work, TECTA knew or should have known that PLAINTIFFS,
and PLAINTIFFS’ property, would sustain damage if the construction of Project was defectively
or deficiently performed.
192. TECTA breached its duties to PLAINTIFFS by failing to exercise reasonable care
in constructing, developing, erecting and inspecting the Project with regard to its Work, and
8
All PLAINTIFFS except RISE DEVELOPER, RISE ASSOCIATION, BCC HOTEL and BCC SERVICED
APARTMENTS LLC.
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administering, monitoring and supervising the entities performing work and services or supplying
materials to the Project through TECTA, and in properly carrying out all of its obligations.
193. As a direct and proximate result of TECTA’s negligence, the Defects exist, the
to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against TECTA, jointly and severally, for
41
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DECKTIGHT
(BY RISE DEVELOPER AGAINST DECKTIGHT)
195. AMJV subcontracted with DECKTIGHT for DECKTIGHT to satisfy and complete
AMJV’s obligations and responsibilities under the Prime Contract with regard to certain work,
materials and services in completing the Project, including, but not limited to, the work, materials
and services described in and provided pursuant to DECKTIGHT’s subcontracts attached hereto
as referenced in Section III above (DECKTIGHT’s “Work”).
granted to RISE DEVELOPER a statutory implied warranty of fitness as to the work performed
or materials supplied as to: (a) the roof and structural components of the Rise Condominium, (b)
mechanical and plumbing elements serving the Rise Condominium, and (c) all other improvements
and materials of the Rise Condominium.
198. DECKTIGHT breached these statutory implied warranties in that DECKTIGHT’s
Work in the Rise Condominium was and is not fit as to the work performed or materials supplied,
as among other matters, the Rise Condominium contains the Defects.
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199. As a direct and proximate result of DECKTIGHT’s breaches of these statutory
PRAYER FOR RELIEF
WHEREFORE, RISE DEVELOPER demands judgment against DECKTIGHT, jointly
and severally, for all of RISE DEVELOPER’s damages, costs, interest, and for such other and
further relief to RISE DEVELOPER as the Court deems just and proper.

(BY PLAINTIFFS9 AGAINST DECKTIGHT)
201. AMJV subcontracted with DECKTIGHT for DECKTIGHT to satisfy and complete
and services described in and provided pursuant to DECKTIGHT’s subcontracts attached hereto
as referenced in Section III above (DECKTIGHT’s “Work”).
9
All PLAINTIFFS except REACH DEVELOPER and REACH ASSOCIATION.
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205. Through DECKTIGHT’s Work, DECKTIGHT actively participated in, among
other things, the design, construction, and/or erection of the Project, which contains Defects, in
violation of Florida Statute § 553.84 and the Florida Building Code.
206. DECKTIGHT knew or should have known that violations of Florida Statute
§ 553.84 and the Florida Building Code existed.
207. As a direct and proximate result of DECKTIGHT committing violations of Florida
PRAYER FOR RELIEF
DECKTIGHT for all of PLAINTIFFS’ damages, costs, interest, and for such other and further
COUNT 24 NEGLIGENCE
(BY PLAINTIFFS10 AGAINST DECKTIGHT)
209. DECKTIGHT agreed to satisfy and complete AMJV’s obligations and
responsibilities at the Project with regard to certain work, materials and services, and did perform
certain work and services and did supply certain materials (DECKTIGHT’s “Work”).
10
All PLAINTIFFS except REACH DEVELOPER and REACH ASSOCIATION.
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210. DECKTIGHT was at all times material hereto responsible for performing its Work
at the Project in conformance with applicable codes and regulations, to be consistent with good
211. DECKTIGHT owed a duty of care to PLAINTIFFS to use reasonable care in
constructing, developing, erecting and inspecting the Project with regard to its Work, and
administering, monitoring and supervising any and all entities performing work and services or
supplying materials to the Project through DECKTIGHT, and in properly carrying out all of its
obligations.
212. When DECKTIGHT undertook to construct and oversee and supervise the
construction of the Project with regard to its Work, DECKTIGHT knew or should have known
that PLAINTIFFS, and PLAINTIFFS’ property, would sustain damage if the construction of
Project was defectively or deficiently performed.
213. DECKTIGHT breached its duties to PLAINTIFFS by failing to exercise reasonable
care in constructing, developing, erecting and inspecting the Project with regard to its Work, and
materials to the Project through DECKTIGHT, and in properly carrying out all of its obligations.
214. As a direct and proximate result of DECKTIGHT’s negligence, the Defects exist,
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against DECKTIGHT, jointly and
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PEDREIRAS
(BY RISE DEVELOPER AGAINST PEDREIRAS)
216. AMJV subcontracted with PEDREIRAS for PEDREIRAS to satisfy and complete
and services described in and provided pursuant to PEDREIRAS’s subcontracts attached hereto as
referenced in Section III above (PEDREIRAS’s “Work”).
219. PEDREIRAS breached these statutory implied warranties in that PEDREIRAS’s
Work in the Rise Condominium was and is not fit as to the work performed or materials supplied,
as among other matters, the Rise Condominium contains the Defects.
46
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
220. As a direct and proximate result of PEDREIRAS’s breaches of these statutory
PRAYER FOR RELIEF
WHEREFORE, RISE DEVELOPER demands judgment against PEDREIRAS, jointly and

(BY REACH DEVELOPER AGAINST PEDREIRAS)
47
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
225. PEDREIRAS breached these statutory implied warranties in that PEDREIRAS’s
Work in the Reach Condominium was and is not fit as to the work performed or materials supplied,
as among other matters, the Reach Condominium contains the Defects.
As a direct and proximate result of PEDREIRAS’s breaches of these statutory implied
PRAYER FOR RELIEF
WHEREFORE, REACH DEVELOPER demands judgment against PEDREIRAS, jointly

(BY PLAINTIFFS AGAINST PEDREIRAS)
48
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
231. Through PEDREIRAS’s Work, PEDREIRAS actively participated in, among other
things, the design, construction, and/or erection of the Project, which contains Defects, in violation
of Florida Statute § 553.84 and the Florida Building Code.
232. PEDREIRAS knew or should have known that violations of Florida Statute §
233. As a direct and proximate result of PEDREIRAS committing violations of Florida
PRAYER FOR RELIEF
PEDREIRAS for all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief
49
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
COUNT 28 NEGLIGENCE
(BY PLAINTIFFS AGAINST PEDREIRAS)
235. PEDREIRAS agreed to satisfy and complete AMJV’s obligations and
certain work and services and did supply certain materials (PEDREIRAS’s “Work”).
236. PEDREIRAS was at all times material hereto responsible for performing its Work
at the Project in conformance with applicable codes and regulations, to be consistent with good
237. PEDREIRAS owed a duty of care to PLAINTIFFS to use reasonable care in
supplying materials to the Project through PEDREIRAS, and in properly carrying out all of its
obligations.
238. When PEDREIRAS undertook to construct and oversee and supervise the
construction of the Project with regard to its Work, PEDREIRAS knew or should have known that
PLAINTIFFS, and PLAINTIFFS’ property, would sustain damage if the construction of Project
was defectively or deficiently performed.
239. PEDREIRAS breached its duties to PLAINTIFFS by failing to exercise reasonable
50
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
materials to the Project through PEDREIRAS, and in properly carrying out all of its obligations.
240. As a direct and proximate result of PEDREIRAS’s negligence, the Defects exist,
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against PEDREIRAS, jointly and
51
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
USA PLASTERING
(BY RISE DEVELOPER AGAINST USA PLASTERING)
242. AMJV subcontracted with USA PLASTERING for USA PLASTERING to satisfy
and complete AMJV’s obligations and responsibilities under the Prime Contract with regard to
certain work, materials and services in completing the Project, including, but not limited to, the
work, materials and services described in and provided pursuant to USA PLASTERING’s
subcontracts attached hereto as referenced in Section III above (USA PLASTERING’s “Work”).
245. USA PLASTERING breached these statutory implied warranties in that USA
PLASTERING’s Work in the Rise Condominium was and is not fit as to the work performed or
materials supplied, as among other matters, the Rise Condominium contains the Defects.
52
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
246. As a direct and proximate result of USA PLASTERING’s breaches of these
statutory implied warranties, Damage has occurred, Repairs will be necessary, and RISE
DEVELOPER has been and will otherwise be damaged.
PRAYER FOR RELIEF
WHEREFORE, RISE DEVELOPER demands judgment against USA PLASTERING,
jointly and severally, for all of RISE DEVELOPER’s damages, costs, interest, and for such other
and further relief to RISE DEVELOPER as the Court deems just and proper.

(BY REACH DEVELOPER AGAINST USA PLASTERING)
53
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
251. USA PLASTERING breached these statutory implied warranties in that USA
PLASTERING’s Work in the Reach Condominium was and is not fit as to the work performed or
materials supplied, as among other matters, the Reach Condominium contains the Defects.
As a direct and proximate result of USA PLASTERING’s breaches of these statutory
PRAYER FOR RELIEF
WHEREFORE, REACH DEVELOPER demands judgment against USA PLASTERING,
jointly and severally, for all of REACH DEVELOPER’s damages, costs, interest, and for such
other and further relief to REACH DEVELOPER as the Court deems just and proper.

(BY PLAINTIFFS11 AGAINST USA PLASTERING)
11
All PLAINTIFFS except BCC HOTEL and BCC SERVICED APARTMENTS.
54
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
257. Through USA PLASTERING’s Work, USA PLASTERING actively participated
in, among other things, the design, construction, and/or erection of the Project, which contains
Defects, in violation of Florida Statute § 553.84 and the Florida Building Code.
258. USA PLASTERING knew or should have known that violations of Florida Statute
§ 553.84 and the Florida Building Code existed.
259. As a direct and proximate result of USA PLASTERING committing violations of
Florida Statute § 553.84 and the Florida Building Code, the Damage occurred, the Repairs are
necessary, and the PLAINTIFFS have suffered and will continue to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS respectfully demand judgment for damages against USA
PLASTERING for all of PLAINTIFFS’ damages, costs, interest, and for such other and further
55
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
COUNT 32 NEGLIGENCE
(BY PLAINTIFFS12 AGAINST USA PLASTERING)
261. USA PLASTERING agreed to satisfy and complete AMJV’s obligations and
certain work and services and did supply certain materials (USA PLASTERING’s “Work”).
262. USA PLASTERING was at all times material hereto responsible for performing its
Work at the Project in conformance with applicable codes and regulations, to be consistent with
good construction practices, and to conduct its contract administration duties, including, but not
limited to, inspections and supervision of the construction of the Project, in a manner which
assured that the Project was constructed in accordance with applicable codes and regulations and
would serve the purposes for which the Project was intended.
263. USA PLASTERING owed a duty of care to PLAINTIFFS to use reasonable care
supplying materials to the Project through USA PLASTERING, and in properly carrying out all
of its obligations.
264. When USA PLASTERING undertook to construct and oversee and supervise the
construction of the Project with regard to its Work, USA PLASTERING knew or should have
known that PLAINTIFFS, and PLAINTIFFS’ property, would sustain damage if the construction
of Project was defectively or deficiently performed.
12
All PLAINTIFFS except BCC HOTEL and BCC SERVICED APARTMENTS.
56
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
265. USA PLASTERING breached its duties to PLAINTIFFS by failing to exercise
reasonable care in constructing, developing, erecting and inspecting the Project with regard to its
Work, and administering, monitoring and supervising the entities performing work and services or
supplying materials to the Project through USA PLASTERING, and in properly carrying out all
of its obligations.
266. As a direct and proximate result of USA PLASTERING’s negligence, the Defects
exist, the Damage occurred, the Repairs are necessary, and the PLAINTIFFS have suffered and
will continue to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against USA PLASTERING, jointly and
57
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
EPSYLON
(BY RISE DEVELOPER AGAINST EPSYLON)
268. AMJV subcontracted with EPSYLON for EPSYLON to satisfy and complete
and services described in and provided pursuant to EPSYLON’s subcontract attached hereto as
referenced in Section III above (EPSYLON’s “Work”).
271. EPSYLON breached these statutory implied warranties in that EPSYLON’s Work
in the Rise Condominium was and is not fit as to the work performed or materials supplied, as
among other matters, the Rise Condominium contains the Defects.
58
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
272. As a direct and proximate result of EPSYLON’s breaches of these statutory implied
warranties, Damage has occurred, Repairs will be necessary, and RISE DEVELOPER has been
PRAYER FOR RELIEF
WHEREFORE, RISE DEVELOPER demands judgment against EPSYLON, jointly and

(BY REACH DEVELOPER AGAINST EPSYLON)
59
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
277. EPSYLON breached these statutory implied warranties in that EPSYLON’s Work
in the Reach Condominium was and is not fit as to the work performed or materials supplied, as
among other matters, the Reach Condominium contains the Defects.
As a direct and proximate result of EPSYLON’s breaches of these statutory implied
PRAYER FOR RELIEF
WHEREFORE, REACH DEVELOPER demands judgment against EPSYLON, jointly

(BY PLAINTIFFS AGAINST EPSYLON)
60
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
283. Through EPSYLON’s Work, EPSYLON actively participated in, among other
things, the design, construction, and/or erection of the Project, which contains Defects, in violation
of Florida Statute § 553.84 and the Florida Building Code.
284. EPSYLON knew or should have known that violations of Florida Statute § 553.84
and the Florida Building Code existed.
285. As a direct and proximate result of EPSYLON committing violations of Florida
PRAYER FOR RELIEF
EPSYLON for all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief
61
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
COUNT 36 NEGLIGENCE
(BY PLAINTIFFS AGAINST EPSYLON)
287. EPSYLON agreed to satisfy and complete AMJV’s obligations and responsibilities
at the Project with regard to certain work, materials and services, and did perform certain work
and services and did supply certain materials (EPSYLON’s “Work”).
288. EPSYLON was at all times material hereto responsible for performing its Work at
the Project in conformance with applicable codes and regulations, to be consistent with good
289. EPSYLON owed a duty of care to PLAINTIFFS to use reasonable care in
supplying materials to the Project through EPSYLON, and in properly carrying out all of its
obligations.
290. When EPSYLON undertook to construct and oversee and supervise the
construction of the Project with regard to its Work, EPSYLON knew or should have known that
PLAINTIFFS, and PLAINTIFFS’ property, would sustain damage if the construction of Project
was defectively or deficiently performed.
291. EPSYLON breached its duties to PLAINTIFFS by failing to exercise reasonable
62
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
materials to the Project through EPSYLON, and in properly carrying out all of its obligations.
292. As a direct and proximate result of EPSYLON’s negligence, the Defects exist, the
to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against EPSYLON, jointly and severally,
63
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
GAMMA
(BY PLAINTIFFS13 AGAINST GAMMA)
294. AMJV subcontracted with GAMMA for GAMMA to satisfy and complete AMJV’s
services described in and provided pursuant to GAMMA’s subcontract attached hereto as
referenced in Section III above (GAMMA’s “Work”).
13
All PLAINTIFFS except RISE DEVELOPER, RISE ASSOCIATION, REACH DEVELOPER and REACH
ASSOCIATION.
64
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
298. Through GAMMA’s Work, GAMMA actively participated in, among other things,
the design, construction, and/or erection of the Project, which contains Defects, in violation of
Florida Statute § 553.84 and the Florida Building Code.
299. GAMMA knew or should have known that violations of Florida Statute § 553.84
and the Florida Building Code existed.
300. As a direct and proximate result of GAMMA committing violations of Florida
PRAYER FOR RELIEF
GAMMA for all of PLAINTIFFS’ damages, costs, interest, and for such other and further relief to
COUNT 38 NEGLIGENCE
(BY PLAINTIFFS14 AGAINST GAMMA)
302. GAMMA agreed to satisfy and complete AMJV’s obligations and responsibilities
at the Project with regard to certain work, materials and services, and did perform certain work
and services and did supply certain materials (GAMMA’s “Work”).
303. GAMMA was at all times material hereto responsible for performing its Work at
the Project in conformance with applicable codes and regulations, to be consistent with good
14
All PLAINTIFFS except RISE DEVELOPER, RISE ASSOCIATION, REACH DEVELOPER and REACH
ASSOCIATION.
65
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
304. GAMMA owed a duty of care to PLAINTIFFS to use reasonable care in
supplying materials to the Project through GAMMA, and in properly carrying out all of its
obligations.
305. When GAMMA undertook to construct and oversee and supervise the construction
of the Project with regard to its Work, GAMMA knew or should have known that PLAINTIFFS,
and PLAINTIFFS’ property, would sustain damage if the construction of Project was defectively
or deficiently performed.
306. GAMMA breached its duties to PLAINTIFFS by failing to exercise reasonable care
materials to the Project through GAMMA, and in properly carrying out all of its obligations.
307. As a direct and proximate result of GAMMA’s negligence, the Defects exist, the
to suffer damages.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS demand judgment against GAMMA, jointly and severally,
66
LAW OFFICES
BECKER & POLIAKOFF
TELEPHONE (954) 987-7550
DATED this 25th day of January, 2021.
BECKER & POLIAKOFF, P.A.

Attorneys for Plaintiffs
One E. Broward Blvd., Ste. 1800
Fort Lauderdale, FL 33301
Telephone: (954) 987-7550
Facsimile: (954) 985-4176
Email: wstrop@beckerlawyers.com
storres@beckerlawyers.com
By: ___________________________________
WILLIAM H. STROP
Florida Bar No. 52477
RYAN F. CARPENTER
Florida Bar No. 30148
67
LAW OFFICES
BECKER & POLIAKOFF
ACTIVE 14658950v.2 TELEPHONE (954) 987-7550

Filing # 120208791 E-Filed 01/25/2021 07:26:55 PM

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Filing # 120208791 E-Filed 01/25/2021 07:26:55 PM

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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

DEVELOPER”), BCC NORTH SCU LLC (“REACH ASSOCIATION”), BCC FACILITIES

APARTMENTS”) sue Defendants, ARQUITECTONICA INTERNATIONAL CORPORATION

(“ARQ”), IBA CONSULTANTS, INC. (“IBA”), AMERICARIBE LLC f/k/a AMERICARIBE,

INC. (“AMERICARIBE”) and JOHN MORIARTY & ASSOCIATES OF FLORIDA, INC.

(“MORIARTY”) as the members of the joint venture known as “AMERICARIBE-MORIARTY

JV”, BOUYGUES BATIMENT INTERNATIONAL (“AMERICARIBE PARENT”), JOHN

MORIARTY & ASSOCIATES, INC. (“MORIARTY PARENT”), TECTA AMERICA SOUTH

FLORIDA, INC. (“TECTA”), DECKTIGHT ROOFING SERVICES INC. (“DECKTIGHT”),

PEDREIRAS, INC. (“PEDREIRAS”), USA PLASTERING, LLC (“USA PLASTERING”),

EPSYLON USA (“EPSYLON”), and allege as follows:

I. JURISDICTION AND VENUE

1. This is an action for damages in excess of $30,000.00, exclusive of interest, costs,

and attorneys’ fees.

4. Brickell City Centre is a large mixed-use facility located in the Brickell

neighborhood of downtown Miami, Florida.

5. The Project includes residential condominium components, hotel components,

of the Project (the foregoing collectively referred to herein as the “Project”).

in Miami-Dade County, Florida.

Miami-Dade County, Florida.

of business in Miami-Dade County, Florida.

of business in Miami-Dade County, Florida.

place of business in Miami-Dade County, Florida.

place of business in Miami-Dade County, Florida.

business in Miami-Dade County, Florida.

business in Miami-Dade County, Florida.

business in Miami-Dade County, Florida.

principal place of business in Miami-Dade County, Florida.

17. OWNER, BCC, RISE DEVELOPER, RISE ASSOCIATION, REACH

DEVELOPER, REACH ASSOCIATION, BCC FACILITIES, BCC HOTEL, BCC PARKING,

BCC SERVICED APARTMENTS together are hereinafter collectively referred to as

Miami-Dade County, Florida.

which the Project was to be constructed.

Dade County, Florida.

business in Miami-Dade County, Florida.

22. MORIARTY is a Massachusetts for profit corporation which is authorized to

transact business in Florida.

23. AMERICARIBE and MORIARTY formed a joint venture called

“AMERICARIBE-MORIARTY JV” (also hereinafter referred to as “AMJV”), through which

involvements in the Project.

26. MORIARTY PARENT is a Massachusetts profit corporation and the parent

27. AMERICARIBE PARENT and MORIARTY PARENT (together, “PARENT

Broward County, Florida.

in Broward County, Florida.

in Miami-Dade County, Florida.

of business in Broward County, Florida.

Jersey City, New Jersey.

Broward County, Florida.

GUARANTORS, TECTA, DECKTIGHT, PEDREIRAS, USA PLASTERING, GAMMA and

this venue and submitted themselves to the jurisdiction of this court.

D. DEFECTS AND DAMAGE

37. PLAINTIFFS discovered defects in construction means, methods and/or materials

non-defective/deficient parts of the Project and/or other non-defective/deficient property at the

installed after the Project was completed (“Repairs”).

a. Defective stucco throughout the Project. Examples of the defective stucco

h. The drains throughout the Project are defective.

i. Certain post-tension cables at the Project are defective.

j. The canopy connecting various portions of the Project is defective, and

l. Waterproofing membranes throughout the Project have failed.

m. Leaks exist in the north block mechanical rooms.