Significant Verdicts

Click on the appropriate verdict link for further information regarding the case.

Representing the homeowners of The Villages of Palm Bay, a Dade County subdivision that includes more than 100 homes, Ervin A. Gonzalez obtained a verdict of $ 5 million against Tripp Construction, Inc., and Southwin, Inc. In building the homes, companies used substandard workmanship and materials that violated Florida building code requirements. Both Tripp and Southwin, as the construction company and seller/developer, respectively, failed to fulfill their legal obligations to home buyers.

"The defects in the construction, workmanship, and materials were among the worst ever seen," Mr. Gonzalez said. "Each house had the same type of damage." Therefore, when Gonzalez originally filed suit, the allegations were that the defects, damages, and the wrongful conduct of the defendants were typical to each and every homeowner, making them members of the same class action.

"Homes in the Florida City-based subdivision were not properly anchored to their foundations", Mr. Gonzalez said. Trusses were braced improperly, truss anchors were not correctly installed, and tin caps were not used properly. Other building code violations included improprieties in such installations as flashing, metal drips at roof eaves, duct supports and straps. The defendants also failed to use proper backing board for tile, causing tiles to fall off the wall in many cases.

Because of these violations, residents of the Villages of Palm Bay suffered losses in property value as well as numerous out-of-pocket expenses to repair the numerous defects in, and damage to their homes.

"The defendants had a statutory duty to build those homes in compliance with the Florida's minimum building codes, and they did not", Mr. Gonzalez said.

The jury agreed and entered a verdict of $5,237,893 to the homeowners.