JACKSONVILLE — A property owner has filed suit against glass and window businesses for alleged breach of contract after discovering damages once the defendant left the property.
Florida Acquisitions 1986 LLC filed a complaint Sept. 20 in Duval County Circuit Court against Poma Glass and Specialty Windows Inc., alleging that the Ohio corporation breached its duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that on May 1, 2006, Florida Acquisitions 1986 LLC entered into a supplemental agreement with the defendant, who was then the new successor of the leased property, to redefine some of the terms of the agreement and extend the lease through April 31, 2016. Subsequently after the lease expired and the defendant has vacated the premises, the plaintiff claims to have found damaging alterations and damages to original fixtures estimated at $110,000 for which the defendant was responsible for fixing. However, the defendant refuses to pay for the alleged damages to the property. As a result, the plaintiff has suffered damages, such as delay in leasing the property, until repairs are made.
The plaintiff holds Poma Glass and Specialty Windows Inc. responsible because the defendant allegedly refused to remove the alterations made to accommodate its business/equipment, refused to pay for all damages caused by it through manner of use/occupancy and caused the plaintiff to suffer from monetary damages.
The plaintiff requests a trial by jury and seeks judgment for damages against the defendant, for costs, attorney's fees and further relief that the court deems just. It is represented by Alison Blake and P. Campbell Ford of Ford Miller & Wainer PA in Jacksonville Beach.
Duval County Circuit Court case number 3:16-cv-01191