ORLANDO, Fla., Dec. 12, 2018 /PRNewswire/ -- The
VillageWalk at Lake Nona Homeowners Association, Inc.
("VillageWalk"), a private, gated community in Lake Nona, announced
today that it has filed a lawsuit against KPMG LLP ("KPMG"), a
professional services firm and independent member firm of KPMG
International Cooperative, and JR Davis Construction Company, Inc.
("JR Davis"), an Orlando-based
construction company, relating to the property and other damage
that VillageWalk suffered as a result of the construction activity
at the KPMG Learning and Innovation Center currently being built in
Lake Nona. The lawsuit (2018-CA-12388-O) was filed in
Orange County.
In this lawsuit, VillageWalk alleges that on the evening of
September 30, 2017, Upper VillageWalk
Circle, the privately-owned main street encircling 1,289 homes in
VillageWalk, collapsed without warning. In addition to
damaging the street, the 10 to 12-foot collapse caused damage and
destruction to portions of VillageWalk's storm water outflow,
portions of the electric lines which power street lights, one
street light and pole, sections of sidewalks and walking paths,
several mature Oaks and Palm trees, and portions of a main
irrigation distribution line that controls irrigation for roughly
half of all VillageWalk homes. The collapse also destroyed a
section of a critical sewer pipe which resulted in the disruption
of critical services to over 400 VillageWalk homes. One home
was rendered temporarily uninhabitable.
The lawsuit further alleges that sections of Lake Nona
Boulevard, a public right of way that runs parallel to Upper
Village Walk Circle, also collapsed simultaneous to the collapse in
the VillageWalk community. At the time of the collapse, JR
Davis was in the process of dewatering and excavating the main
water retention pond structure at KPMG's Learning and Innovation
Center. The pond structure, located directly across the
street from the collapsed road sections, was dewatered and
excavated to a depth 21 feet beneath the Upper VillageWalk Circle
road bed and 19 feet below the seasonal average water table on
VillageWalk property. The lawsuit further claims that five (5)
independent geotechnical engineering firms have all independently
concluded that the dewatering and excavation of the KPMG water
retention pond was the cause of the collapses on both Upper
VillageWalk Circle and Lake Nona Boulevard.
"It is unfortunate that we are forced to resort to litigation,"
said Tom Rose, president of
VillageWalk, "but because our community's streets are privately
owned, we have an obligation to our owners to act. Without
remuneration from those responsible, our residents would solely be
responsible for absorbing over $500,000 in damages resulting from this event
that we did not cause, and they should not have to bear that
obligation. The permitting process in Florida is clear that KPMG, as the permit
holder, and JR Davis, as the construction company, are responsible
for damages caused by their dewatering and construction
activities."
VillageWalk has hired attorney Patrick
Howell with Becker to represent the association's interest
in this matter. Mr. Howell is Board Certified by the Florida Bar in
Construction Law.
For HOA-related questions, please contact Tom Rose at 407.888.2704. For questions
about the litigation, please contact Patrick Howell at 407.215.9660.
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content:http://www.prnewswire.com/news-releases/lake-nona-hoa-files-lawsuit-against-kpmg-over-road-collapse-300764285.html
SOURCE The VillageWalk at Lake Nona Homeowners Association,
Inc.