Case Background
The Hemispheres Condominium Association, Inc., which manages a sprawling oceanfront complex in Hallandale Beach, found itself living next door to a massive construction project. In 2013, the neighboring property at 2000 South Ocean Drive was slated for a 38-story luxury tower. The developer at the time, B&H Fort Lauderdale Beach LLC, struck a written agreement with Hemispheres to protect its property during construction.
The deal required measures to control dust, debris, and vibrations, and to avoid damaging Hemispheres’ structures, parking deck, and amenities. Over the next few years, the project changed hands first to 2000 Ocean Drive LLC in 2014, then to 2000 Ocean Owner LLC in 2018. Hemispheres argued the new owner inherited the same obligations under the agreement.
When the tower began rising, the association claimed the promises of protection were broken.
Events That Led to the Dispute
The Plaintiff, Hemispheres Condominium Association, Inc., had been managing and Hemispheres accused 2000 Ocean Owner and its contractors of letting construction damage spill over the property line. They said falling glass, splattered paint, concrete dust, and clogged drains ruined the parking deck, lighting poles, and basketball courts. Flooding in the garage damaged vehicles, and they claimed the waterproofing warranty on the parking deck was voided.
They filed suit for breach of contract, negligence, and trespass, claiming years of disruption and costly repairs.
Injury
The association described a long list of damage: structural harm to the parking deck, loss of its waterproofing warranty, broken lighting fixtures, gouged basketball courts, clogged drains, and vehicle damage. They also blamed construction vibrations for cracking parts of the garage and debris removal mishandling for further surface damage.
Damages
Hemispheres sought more than $30,000 in damages, plus interest, legal fees, and costs. Their repair estimates ran into the millions, covering garage resurfacing, lighting replacement, and clean-up operations.
These damages had affected both the use and enjoyment of the property and required significant expenditures for repair and restoration.
KEY ARGUMENTS AND PROCEEDINGS:
LEGAL REPRESENTATION
• Plaintiff(S): Hemispheres Condominium Association, Inc.| Benhamou, Gilbert | B & H Fort Lauderdale Beach LLC
· Counsel for Plaintiff(s): William Omar Diab | Kenneth Wayne Waterway | Jeffrey S Wertman | Robert Alan Stok
· Expert for Plaintiff(s): Ashar Anwar
• Defendant(S): 2000 Ocean Owner, LLC | 200 Ocean Condominium Association, Inc.| Malcolm Drilling Company, Inc. | JA&M Developing LLC
· Counsel for Defendant(s): Jonathan Jacob Levy | Nicholas P Conto | Mallard, D Spencer | Joshua R Kon | Jennifer L James | Jeffrey R Cooperman | Benjamin A Solomon | Robert A Carlson | Joseph Michael Ali | Michael F Suarez |
· Experts for Defendant(s): Kyle Millemon | Max Klimas
Key Arguments by Counsel
Hemispheres’ lawyers told jurors that the developer ignored the safeguards in the construction agreement, creating hazards and causing lasting harm. They said the Defendants allowed damaging conditions to persist, forcing the association to spend heavily on repairs.
Defense attorneys countered that 2000 Ocean Owner never signed the original agreement, wasn’t bound by its terms, and acted within its rights. They argued some issues had already been resolved, others were caused by unrelated third parties, and that Hemispheres failed to take reasonable steps to reduce its own losses.
Claims
· Breach of Contract
Hemispheres claimed 2000 Ocean Owner was legally bound to the 2014 protection agreement as a successor and failed to follow it.
· Negligence
They accused the developer, contractors, and subcontractors of unsafe practices that caused vibration damage, debris problems, and flooding.
· Trespass
The association alleged that both 2000 Ocean Owner and Suffolk Construction entered its property without permission during construction work.
Defense
The defense denied liability, citing statute of limitations, lack of contractual privity, and impossibility of performance since key obligations had been completed before their client took over. They also claimed an accord and satisfaction had resolved the basketball court dispute, and that Hemispheres delayed unreasonably in bringing certain claims.
Jury Verdict
On March 17, 2025, a Broward County jury ruled mostly in favor of Hemispheres Condominium Association in a construction dispute. They found 2000 Ocean Owner LLC breached the contract but awarded no damages for it. The jury found Suffolk Construction liable for trespass, awarding $16,430. On negligence claims, jurors awarded $137,869.87 for vibration damage and $1,322,503.74 for debris damage, later reduced by $396,751.12 for failure to mitigate, assigning most fault to Suffolk and JA&M Developing.
Court documents are available upon request at jurimatic@exlitem.com
