Midtown Doral Google Street Viewof Midtown Doral condominium building 2 at 7751 NW 107th Ave. inDoral. Photo: Google

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The homeowner association for a Midtown Doral condominium claimsconstruction defects, including leaky plumbing with erratic waterpressure, rooftop pools of rainwater on the roof and exposed rebarin cracked concrete.

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A member of the development partnership maintains all issueswill be worked out and stands by the general contractor hired forthe project, saying it had a good track record and insurance.

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Midtown Doral at Northwest 107th Avenue and 74th Street wascompleted in 2016 with four eight-story condo buildings totaling537 units and 70,000 square feet of retail space.

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Midtown Doral Condominium 2 Association Inc. took control of itsbuilding at 7751 NW 107th Ave. in 2017. The associating is suinggeneral contractor Delant Construction Co. in Miami, architecturalfirm Pascual, Perez, Kiliddjian & Associates in Doraland MD Residential II LLC, an affiliate used by the developmentpartnership.

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The suit lists breach of implied warranties countsagainst the developer and general contractor as well as aprofessional negligence count against the architect.

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[falcon-embed src="embed_1"]

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Association attorney Georg Ketelhohn said theowners sent a notice to the developer and contractor noting anengineering report of defects under the Florida Construction DefectStatute. In response, they agreed to work with the association tofix some of the issues, but others are in dispute.

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"We have not been able to fully resolve the issues so we wentforward with the litigation," said Ketelhohn, ashareholder at Siegfried Rivera in Coral Gables. He filedsuit Dec. 10 in Miami-Dade Circuit Court.

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The issues still could be resolved if the defendants agreed tothe remaining fixes. Otherwise, the association would solicit bidsfor repairs and use the amount to determine its demand forreimbursement.

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For now, Ketelhohn declined to disclose the engineer's repairestimate or the cost to fix only the disputed defects.

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Development partner Sergio Pino said this is within the normalcourse for big projects and the homeowners merely are taking theiravailable recourse to get items fixed.

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Pino said he and others invested in 107 Avenue Doral PropertiesLLC, a holding company for MD Residential I-IV and the other LLCsthat developed portions of the project. Pino's Century HomebuildersGroup LLC in Coral Gables developed Midtown Doral phase II.

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"If the homeowners aren't satisfied with some of the work, thisis the vehicle to get it fixed. We are supportive of thehomeowners," he said. "Delant Construction, it's my understandingthat they have good insurance for whatever they have to fix, andhopefully it will work out in the end. I do agree with thehomeowners. They have to do what they have to do to make sure thatthe quality that was promised is the quality that wasdelivered."

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Delant Construction attorney Michael Peterson, managingpartner at Peterson, Baldor & Maranges in Miami,declined comment.

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Pascual Perez attorney Alex Diaz, partner at KleinGlasser Park & Lowe in Miami, also declined comment. In a motion to dismiss, he argued the allegations of negligence bythe architect lack specificity.

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"The allegations are so bare as to leave PPA unsure as to whatspecifically they did wrong," Diaz wrote in the motion.

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The lawsuit claims the building doesn't meet the state buildingcode, design and construction plans, and industry standards.

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The complaint notes issue with soundproofing, unsealed holesexposing corroding metal, some missing fire protection systems,incorrectly sealed joints, an exposed conduit and plumbing leaksstaining drywall. Rainwater pools on the roof because itwasn't sloped as outlined in plans.

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Records show Delant and the Midtown Doral development companieshad previous disputes between each other. Delant sued MDResidential II in 2018, saying it didn't pay Delant all it was owedfor work on Midtown Doral condo 2. MD Residential II denied thisand countersued, saying Delant didn't complete the building ontime, overbilled and needed to correct improper work. The suit wasdismissed last year after the two sides filed dismissalstipulations.

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Related stories: 

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Construction Defects Alleged at Miami's Loft 2 Condos

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Doral Community Charges Lennar With Condo ConstructionDefects

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Unsafe Balconies, Water Leaks, Other Flaws Claimed at Luxury SunnyIsles Beach Condo

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Lidia Dinkova

Lidia Dinkova covers South Florida real estate for the Daily Business Review. Contact her at [email protected] or 305-347-6665. On Twitter @LidiaDinkova.