Winter Park restaurant alleges construction company refuses to repair property defects

By Noddy A. Fernandez | Oct 2, 2018

ORLANDO — A Winter Park restaurant is suing a construction company, alleging negligence in including defects in its work.

Resilient Restaurants LLC, doing business as The Glass Knife, filed a complaint Sept. 20 in Orange County Circuit Court against Mulligan Constructors Inc., alleging the defendant constructed the property with defects and deficiencies in violation of applicable Florida building codes.

According to the complaint, between 2012 and 2013, Mulligan constructed a property at 276 N. Orlando Ave., Winter Park. The suit says this was a commercial restaurant previously operated as “Italio”, which the plaintiff had purchased interest in and currently operates as The Glass Knife. 

However, in July 2017, The Glass Knife said it notified Mulligan of defects in the property and invited the defendant to inspect the property. The suit says Mulligan declined and has refused to inspect and repair the property. 

As a result, The Glass Knife alleges it has expended out of pocket expenses in excess of $75,000 for repairs, causing the delay in opening the business. 

The plaintiff alleges Mulligan Constructors failed to respond with a satisfactory offer to resolve the claim and failed to use reasonable care in the construction, installation, manufacturing, supervision and inspection of the restaurant property.

The Glass Knife seeks trial by jury, damages in excess of $15,000, plus interest, court costs and all other just and proper relief. It is represented by attorney Chad A. Walters of Walters McCartney, PLLC in Winter Park.

Orange County Circuit Court case number 18CA010309

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