Filing# 200547130 E-Filed 06/14/2024 09:02:46 AM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`COMPLEX BUSINESS DIVISION
`
`CASE NO.: CACE-22-018732
`
`THE FORDHAM CONDOMINIUM
`ASSOCIATION, INC., a Florida not
`for profit corporation,
`
`Plaintiff,
`
`V.
`
`GROUP P6-A, LLC, a Florida limited
`liabilitycompany; DICK BUILDING
`COMPANY, LLC, a foreign limited
`liability company; GUSTAVO J.
`CARBONELL
`ARCHITECT/
`PLANNER,
`Florida
`a
`P.A.,
`Florida
`a
`professional association;
`professional association; VASQUEZ
`STRUCTURAL ENGINEERS, INC., a
`corporation; LEONARDO
`Florida
`NAVEIRAS
`Florida
`a
`INC.,
`ACTIVE
`FIRE
`corporation;
`SPRINKLERS,
`Florida
`a
`INC.,
`ALMAZAN
`BROS.
`corporation;
`CONSTRUCTION, INC., a Florida
`A-STAR
`ROOFING,
`corporation;
`INC, a Florida corporation; ATCi
`COMMUNICATIONS, INC., a Florida
`BUADE
`corporation;
`CONSTRUCTION COMPANY, INC.,
`a Florida corporation; CARIBBEAN
`BUILDING,
`CORP.,
`Florida
`a
`corporation; CASAGRANDE USA,
`a
`Florida
`CORP.,
`corporation;
`CELLUCRETE CORP., a
`Florida
`corporation; CONSTRUCTION BCA
`LLC,
`Florida
`a
`limited
`liability
`DONIS
`PAINTING
`company;
`ENTERPRISES,
`a
`Florida
`INC.,
`corporation; FLORIDA POOLS AND
`SPAS
`a
`Florida
`INC.,
`D.S.,
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/14/2024 09:02:44 AM.****
`
`
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`COMPLEX BUSINESS DIVISION
`
`CASE NO.: CACE-22-018732
`
`THE FORDHAM CONDOMINIUM
`ASSOCIATION, INC., a Florida not
`for profit corporation,
`
`Plaintiff,
`
`V.
`
`GROUP P6-A, LLC, a Florida limited
`liabilitycompany; DICK BUILDING
`COMPANY, LLC, a foreign limited
`liability company; GUSTAVO J.
`CARBONELL
`ARCHITECT/
`PLANNER,
`Florida
`a
`P.A.,
`Florida
`a
`professional association;
`professional association; VASQUEZ
`STRUCTURAL ENGINEERS, INC., a
`corporation; LEONARDO
`Florida
`NAVEIRAS
`Florida
`a
`INC.,
`ACTIVE
`FIRE
`corporation;
`SPRINKLERS,
`Florida
`a
`INC.,
`ALMAZAN
`BROS.
`corporation;
`CONSTRUCTION, INC., a Florida
`A-STAR
`ROOFING,
`corporation;
`INC, a Florida corporation; ATCi
`COMMUNICATIONS, INC., a Florida
`BUADE
`corporation;
`CONSTRUCTION COMPANY, INC.,
`a Florida corporation; CARIBBEAN
`BUILDING,
`CORP.,
`Florida
`a
`corporation; CASAGRANDE USA,
`a
`Florida
`CORP.,
`corporation;
`CELLUCRETE CORP., a
`Florida
`corporation; CONSTRUCTION BCA
`LLC,
`Florida
`a
`limited
`liability
`DONIS
`PAINTING
`company;
`ENTERPRISES,
`a
`Florida
`INC.,
`corporation; FLORIDA POOLS AND
`SPAS
`a
`Florida
`INC.,
`D.S.,
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/14/2024 09:02:44 AM.****
`
`
`
`corporation; FOSTER AND SON
`ELECTRICAL
`CONTRACTORS,
`Florida
`a
`INC.,
`corporation;
`FREEWAY PLUMBING, INC.,
`a
`Florida corporation; MGC SYSTEMS
`MIRCOM
`CORP.
`d/b/a
`ENGINEERED SYSTEMS, a
`foreign corporation; M&S FENCE
`SPECIALISTS, LLC, a Florida limited
`POWER
`company;
`liability
`Florida
`a
`DIVISION,
`INC.,
`corporation; RAYMOND BUILDING
`SUPPLY
`Florida
`CORP.,
`a
`corporation; ROLIMA GROUP, LLC,
`a Florida limited liabilitycompany;
`SCHINDLER ELEVATOR CORP., a
`corporation; STATE-LINE
`Florida
`PRODUCTS OF SOUTH FLORIDA,
`INC., a Florida corporation; TEIDE
`APPLIANCE SERVICE & REPAIR,
`INC., a Florida corporation,
`
`Defendants,
`
`DICK BUILDING COMPANY, LLC, a
`foreign limited liabilitycompany,
`
`Third-Party Plaintiff,
`
`V.
`
`STRUCTURAL
`VASQUEZ
`ENGINEERS,
`a
`Florida
`INC.,
`ACTIVE
`FIRE
`corporation;
`SPRINKLERS,
`a
`Florida
`INC.,
`ALMAZAN
`BROS.
`corporation;
`CONSTRUCTION, INC., a Florida
`A-STAR ROOFING,
`corporation;
`INC, a Florida corporation; ATCi
`COMMUNICATIONS, INC., a Florida
`BUADE
`corporation;
`CONSTRUCTION COMPANY, INC.,
`a Florida corporation; CARIBBEAN
`
`
`
`BUILDING,
`a
`Florida
`CORP.,
`corporation; CASAGRANDE USA,
`Florida
`CORP.,
`a
`corporation;
`CELLUCRETE CORP., a
`Florida
`corporation; CONSTRUCTION BCA
`LLC,
`a
`Florida
`limited
`liability
`DONIS
`PAINTING
`company;
`ENTERPRISES,
`Florida
`a
`INC.,
`corporation; FLORIDA POOLS AND
`SPAS
`Florida
`a
`INC.,
`D.S.,
`corporation; FOSTER AND SON
`ELECTRICAL
`CONTRACTORS,
`Florida
`a
`INC.,
`corporation;
`FREEWAY PLUMBING, INC.,
`a
`Florida corporation; MGC SYSTEMS
`MIRCOM
`CORP.
`d/b/a
`ENGINEERED SYSTEMS, a
`foreign corporation; M&S FENCE
`SPECIALISTS, LLC, a Florida limited
`POWER
`company;
`liability
`Florida
`DIVISION,
`a
`INC.,
`corporation; RAYMOND BUILDING
`SUPPLY
`CORP.,
`Florida
`a
`corporation; ROLIMA GROUP, LLC,
`a Florida limited liabilitycompany;
`SCHINDLER ELEVATOR CORP., a
`corporation; STATE-LINE
`Florida
`PRODUCTS OF SOUTH FLORIDA,
`INC., a Florida corporation; TEIDE
`APPLIANCE SERVICE & REPAIR,
`INC., a Florida corporation,
`
`Third-Party Defendants.
`
`DEFENDANT/THIRD-PARTY PLANTIFF, DICK BUILDING COMPANY,
`LLC'S, ANSWERS TO SCHINDLER ELEVATOR CORPORATION'S
`REOUEST FOR ADMISSIONS
`
`COMES NOW, Defendant/Third-PartyPlaintiff,DICK BUILDING COMPANY,
`
`LLC ("DBC"), by and through its undersigned counsel and pursuant to Fla. R. Civ. P. §
`
`
`
`1.370, hereby gives notice of service of its Answers to SCHINDLER ELEVATOR
`
`CORPORATION'S Request for Admissions.
`
`ANSWERS TO REOUEST FOR ADMISSIONS
`
`1. All pages attached as Exhibit 21 to DBC's Amended Third Party Complaint
`comprise the complete contract between DBC and Schindler Elevator Corporation
`pertainingto The Fordham Condominium.
`
`ANSWER: Admitted.
`
`2. DBC cannot identifywhich of the pages attached as Exhibit 21 to DBC's Amended
`Third Party Complaint comprise the contract between DBC and Schindler Elevator
`Corporationpertainingto The Fordham Condominium.
`
`ANSWER: Denied.
`
`3. Within Exhibit 21 of DBC's Amended Third Party Complaint, the document
`bearing the title "SUPPLEMENT #K3766 TO SUBCONTRACT (TRADE
`BETWEEN
`AGREEMENT
`ELEVATOR
`SCHINDLER
`CONTRACT)
`') AND DICK BUILDING
`CORPORATION ("SEC"; "WE"; "US"; "OUR..,
`YOU"; "YOUR") PROJECT: THE FORDHAM
`CORPORATION (G.C.;"C.M.
`GO# K3766 (3300 Elevator)"was integratedinto the document titled "Subcontract
`Agreement" between DBC and Schindler Elevator Corporation.
`
`ANSWER: Objection. This request improperly calls for one or more pure legal
`conclusions.
`
`4 Dick Building Corporation disputes that
`the document bearing the
`"SUPPLEMENT #K3766 TO SUBCONTRACT (TRADE CONTRACT)
`AGREEMENT BETWEEN SCHINDLER ELEVATOR CORPORATION ('
`SEC";
`"WE"; "US"; "(OUR.') AND DICK BUILDING CORPORATION (G.C.; "C.M.
`'YOU"; "YOUR") PROJECT: THE FORDHAM GO# K3766 (3300 Elevator)"
`was integratedinto the document titled "Subcontract Agreement" between DBC and
`Schindler Elevator Corporation.
`
`title
`
`'..
`
`6.
`
`ANSWER: Objection. This request improperly calls for one or more pure legal
`conclusions.
`
`
`
`5. Dick Building Corporation contends that no paragraph of the document bearing the
`title "SUPPLEMENT #K3766 TO SUBCONTRACT (TRADE CONTRACT)
`AGREEMENT BETWEEN SCHINDLER ELEVATOR CORPORATION ('
`SEC";
`"WE"; "US"; "(OUR.') AND DICK BUILDING CORPORATION (G.C.; "C.M.
`'YOU"; "YOUR") PROJECT: THE FORDHAM GO# K3766 (3300 Elevator)was
`integratedinto the document titled "Subcontract Agreement".
`
`'..
`
`6.
`
`ANSWER: Objection. This request improperly calls for one or more pure legal
`conclusions.
`
`6. David Baskin signed the Subcontract Agreement on behalf of Schindler on January
`9,2017.
`
`ANSWER: Admitted.
`
`7. There appears a stamped phrase beneath David Baskin's signatureon the
`Subcontract Agreement which states:
`
`Supplement attached is an
`integralpart of this Agreement.
`Any modifications made to the
`supplement and the contract
`are null and void.
`
`ANSWER: Admitted. However, it is denied that this language was stamped
`on the document at the time it was executed by DBC
`
`8. Dick Building Corporation did not stamp the phrase described in request for
`admission #7 to the Subcontract Agreement.
`
`ANSWER: Admitted.
`
`9. The document bearing the title "SUPPLEMENT #K3766 TO SUBCONTRACT
`(TRADE CONTRACT) AGREEMENT BETWEEN SCHINDLER ELEVATOR
`') AND DICK BUILDING
`CORPORATION ("SEC"; "WE"; "US"; "OUR..,
`YOU"; "YOUR") PROJECT: THE FORDHAM
`CORPORATION (G.C.;"C.M.
`GO# K3766 (3300 Elevator)"is the document referred to by the stamped phrase
`described in request for admission #7.
`
`ANSWER: Admitted.
`
`
`
`10. Dick BuildingCorporationis unaware of any document other than the document
`bearing the title "SUPPLEMENT #K3766 TO SUBCONTRACT (TRADE
`AGREEMENT
`BETWEEN
`ELEVATOR
`SCHINDLER
`CONTRACT)
`') AND DICK BUILDING
`CORPORATION ("SEC"; "WE"; "US"; "OUR..,
`YOU"; "YOUR") PROJECT: THE FORDHAM
`CORPORATION (G.C.;"C.M.
`GO# K3766 (3300 Elevator)"that may also be considered the "Supplement"
`referred to by the stamped phrase in request for admission #7.
`
`ANSWER: Admitted.
`
`11. Dick BuildingCorporationaffixed its signatureto the Subcontract Agreement with
`Schindler on December 19, 2016.
`
`ANSWER: Admitted. However, it is denied that this language was stamped
`on the document at the time it was executed by DBC
`
`12. The stamped phrase (describedin request for admission #7) did not appear on the
`Subcontract Agreement at the time Dick Building Corporationaffixed its signature
`to the Subcontract Agreement.
`
`ANSWER: Admitted.
`
`13. Dick Building Corporation is not aware of Schindler affixingits signatureto the
`Subcontract Agreement priorto January 9, 2017.
`
`ANSWER: After making a reasonable inquiry, the information known or
`readily obtainable by this Defendant is insufficient to enable it to admit or deny
`this request.
`
`14. The only copy of a Subcontract Agreement with Schindler for the construction of
`The Fordham Condominium in DBC's possession contains the stamped phrase
`(describedin request for admission #7) beneath the signatureline for Schindler.
`
`ANSWER: After making a reasonable inquiry, the information known or
`readily obtainable by this Defendant is insufficient to enable it to admit or deny
`this request.
`
`15. Dick Building Corporationhas no Subcontract Agreement with Schindler for the
`construction of The Fordham Condominium that contains a signaturedate after
`January 9, 2017.
`
`ANSWER: Admitted.
`
`
`
`16. Dick BuildingCorporationis willingto abide by the defense and indemnification
`language within paragraph five (5)ofthe document contained within Exhibit 21 of
`DBC's Third Party Complaint that bears the title "SUPPLEMENT #K3766 TO
`AGREEMENT
`BETWEEN
`SUBCONTRACT
`CONTRACT)
`(TRADE
`SCHINDLER ELEVATOR CORPORATION ("SEC"; "WE"; "US"; "OUR")
`AND DICK BUILDING CORPORATION (G.C.; "C.M.
`;YOU"; "YOUR.')
`PROJECT: THE FORDHAM GO# K3766 (3300 Elevator)'
`
`,'
`
`ANSWER: Objection.
`This request improperly calls for one or more pure
`legal conclusions and is impermissibly vague in that it does not specify the
`language that it seemed to try to identify.
`
`17. No employee of DBC assisted in responding to these Requests for Admissions.
`
`ANSWER: Denied.
`
`18. William West assisted DBC in responding to these Requests for Admissions.
`
`ANSWER: Admitted.
`
`19.Alexander G. Dick did not assist DBC in responding to these Requests for
`Admissions.
`
`ANSWER: Denied.
`
`20. Alexander G. Dick's signature is affixed to the document bearing the title
`"SUPPLEMENT #K3766 TO SUBCONTRACT (TRADE CONTRACT)
`AGREEMENT BETWEEN SCHINDLER ELEVATOR CORPORATION ('
`SEC";
`"WE"; "US"; "(OUR.') AND DICK BUILDING CORPORATION (G.C.; "C.M.
`'YOU"; "YOUR") PROJECT: THE FORDHAM GO# K3766 (3300 Elevator)"
`
`'..
`
`6.
`
`ANSWER: Admitted.
`
`21.An Owner, Officer or Director of DBC authorized William West to execute a
`Subcontract Agreement with Schindler Elevator Corporationthat included the terms
`contained within the document bearing the title "SUPPLEMENT #K3766 TO
`AGREEMENT
`BETWEEN
`SUBCONTRACT
`CONTRACT)
`(TRADE
`SCHINDLER ELEVATOR CORPORATION ("SEC"; "WE"; "US"; "OUR")
`AND DICK BUILDING CORPORATION (G.C.; "C.M.
`;YOU"; "YOUR.')
`PROJECT: THE FORDHAM GO# K3766 (3300 Elevator)
`
`ANSWER: Objection.
`legalconclusions
`
`This request improperly calls for one or more pure
`
`
`
`22.William West was not authorized to execute a Subcontract Agreement with
`Schindler Elevator Corporation that included the terms contained within the
`document bearing the title "SUPPLEMENT #K3766 TO SUBCONTRACT
`(TRADE CONTRACT) AGREEMENT BETWEEN SCHINDLER ELEVATOR
`
`CORPORATION ("SEC"; "WE"; "US"; "OUR..,') AND DICK BUILDING
`YOU"; "YOUR") PROJECT: THE FORDHAM
`CORPORATION (G.C.;"C.M.
`GO# K3766 (3300 Elevator)".
`
`ANSWER: Objection.
`legalconclusions
`
`This request improperly calls for one or more pure
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that,on this 14?i day of June 2024, a true and correct copy
`
`of the foregoinghas been electronicallyfiled with the Clerk of the Court using the Florida
`
`Courts E-Portal System which will automaticallyserve a copy via electronic mail to all
`
`parties appearing in this action as listed in the court's system.
`
`IS/ThamwA.R KADDOURUJr.
`THAMIR A.R. KADDOURI, JR.
`Florida Bar No.: 186600
`PENELOPE T. ROWLETT
`Florida Bar No. 0120979
`BETH A. TOBEY
`Florida Bar No.: 1008538
`LAW OFFICE OF THAMIR A.R.
`KADDOURI, JR., P.A.
`3220 West Cypress Street
`Tampa, Florida 33607
`(813) 879-5752
`THAMIR.KADDOURI@TAMPALAW.ORG;
`
`Counselfor Defendant/Third-Party Plaintiff,
`Dick Building Company, LLC
`
`
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