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An Orlando homeowners association sues a construction company

The Orlando-area VillageWalk at Lake Nona Homeowners Association filed a lawsuit against a construction company, JR Davis Construction, and a professional services firm, KPMG LLP, on Dec. 12. The homeowners association alleges that the construction on the KPMG Learning and Innovation Center damaged many properties in their private, gated community.

In their lawsuit, VillageWalk chronicles how Upper VillageWalk Circle, one of the main roadways that loops around the community's nearly 1,300 homes, collapsed 12-feet during the evening of Sept. 30, 2017. They report that nearby sidewalks, mature palm and oak trees and an irrigation system for the community were damaged that evening.

A telephone pole also fell that resulted in power being cut to nearby street and traffic lights. The collapse also caused 400 homes to experience a disruption in sewer services when an area pipe was destroyed. At least one of the community's homes was rendered uninhabitable as a result of the damage that was caused.

The lawsuit chronicles how another nearby road, Lake Nona Boulevard, also collapsed that same evening. It happened as the construction company was draining the water and digging the pond intended to surround the learning and innovation center.

At the time of the collapse, JR Davis had reportedly dug the pond to a depth of 21 feet, an amount that is 19 feet more than what is called for on seasonal water tables for the area. Of the five different engineering firms that the homeowners brought in to investigate the matter, all reportedly concluded that the draining and digging of the pond was what caused the collapse of both roadways.

The homeowners association has demanded at least $500,000 to help cover the costs of the damages. In their lawsuit, they argue that when KPMG and JR Davis took out their permit, they became obliged under Florida law to accept responsibility for any damages caused by their construction efforts.

One reason Melbourne homeowners spend so much on buying new homes or having older ones inspected before closing on them is so that they won't have to deal with the headache of making costly repairs. A construction litigation attorney can advise you of your right to sue for damages if a previous owner failed to disclose flaws with your property or if your builder engaged in activities that caused new ones.

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