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DEFENDANT’S – Construction Site Negligence – Alleged negligent roof construction – Claimed water leak to adjoining unit – Interior property damage.

Martin County, FL

The plaintiff was the owner of a unit in a four-family townhouse in Stuart, Florida, where the defendant construction company had repaired three of the roofs. The plaintiff alleged that the defendant’s work damaged his roof, so as to cause a water leak. The defendant denied that the water leak into the plaintiff’s unit was caused by the defendant’s work.

Evidence showed that the defendant replaced three roofs on the four-family building in September of ________. The plaintiff’s roof was not replaced. However, the plaintiff alleged that the defendant negligently failed to ensure that the junction of the new roofs was water-tight in the areas where it met the plaintiff’s roof. As a result, the plaintiff claimed that water leaked into his unit and caused interior property damage.

The plaintiff sought damages for the cost to repair water and mold damages to the interior of his unit in the amount of approximately $________. He also sought compensation for damaged personal property in the amount of $________.

The defendant maintained that the roofing construction was performed within industry standards, and did not cause a leak into the plaintiff’s unit. The defense argued that the plaintiff’s roof leaks were caused by the deteriorated condition of his roof which was approximately 27 years old at the time in question. The jury found no negligence on the part of the defendant, which was a legal cause of damage to the plaintiff. The defendant was awarded attorney fees and costs.

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