ORLANDO — An Orange County homeowners association is suing a developer and contractor, alleging breach of implied warranty, negligence and vicarious liability.

Lake Burden Townhome Association Inc. filed a complaint Nov. 16 in Orange County Circuit Court against KB Home Orlando LLC, LBK Development LLC, Burden Townhome Partners Inc. et al., alleging they failed to exercise reasonable care in the design and construction of the townhomes.

According to the complaint, Lake Burden Townhome Association has suffered damages to the roof, exteriors and other components of the townhomes in Windermere. The suit says the damages are the result of a community-wide water intrusion caused by the defendants' negligence in their respective scopes of work on the building and common areas and the construction of the townhomes, according to the approved plan and specifications, which resulted in defects and deficiencies. 

The plaintiff alleges the defendants failed to render a good design, engineering and construction practices, failed to properly construct the townhomes according to industry standards, and failed to remedy the defects and deficiencies.

Lake Burden Townhome Association seeks trial by jury, incidental and consequential damages of more than $15,000, costs of court, interest, and all additional relief the court deems just. They are represented by attorneys Evan Small and Jeff A. Widelitz of Ball Janik LLP in Orlando.

Orange County Circuit Court case number 17-CA-10212

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