MMP&S Obtains Voluntary Dismissal for Soil Testing and Engineering Firm

In Heron Bay Community Association, Inc. v. WCI Communities, LLC et al, MMP&S successfully obtained a voluntary dismissal for our client, a soil testing and engineering firm, in connection with a complex construction defects suit regarding the Heron Bay Community, a large 2200-acre residential development located in the cities of Parkland and Coral Springs, Florida. Our client was named as a defendant, under a theory that they negligently caused or contributed to several construction defects including several instances of concrete and asphalt cracking and defective storm water drainage systems throughout thirty-one of Heron Bay’s subdivisions. Specifically, Plaintiff alleged that the engineering firm failed to inspect, test, monitor and certify the construction work for the entirety of the Heron Bay Community. Through discovery, it became evident that Plaintiff’s claims were baseless, and our client had in fact only provided soil and concrete testing on a limited number of Heron Bay’s subdivisions and was not responsible for the vast majority of the broad allegations made by the Plaintiff. Further, none of the physical defects to the asphalt, concrete, and drainage systems throughout the property could logically derive from our client’s scope of work. MMP&S presented this defense to the plaintiff and successfully negotiated a voluntary dismissal following a mediation where the plaintiff openly apologized to MMP&S and our client for including them in the matter.

Practice Area

Design Professionals