A Florida couple has filed a lawsuit against a construction company for failing to complete their home within the agreed timeframe and delivering substandard work. Harold R. Phillips and Carrie M. Phillips lodged the complaint against Lubke Construction, LLC in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on August 20, 2024.
The case centers around a construction contract signed on October 25, 2022, where Lubke Construction was tasked with building a home for the Phillipses in Redington Shores, Florida. According to the plaintiffs, despite making payments exceeding $2 million and granting all requested extensions, Lubke Construction failed to achieve substantial or final completion of the project nearly two years after commencement. The plaintiffs allege that the defendant has not provided any reasonable explanation for these delays.
In their complaint, Harold and Carrie Phillips outline numerous breaches of contract by Lubke Construction. These include failing to complete work as per contract terms, neglecting to remedy defective work, and intentionally withholding information about potential defects in plans and specifications. The plaintiffs further accuse Lubke of mismanagement, unauthorized deviations from approved plans, improper sequencing of work, and failing to maintain a qualified workforce on-site. Specific allegations detail extensive delays and poor workmanship such as incorrect electrical installations, improper grading of the site, incomplete pool work, and even intentional actions like changing lockbox codes to deny owners access to their property.
The plaintiffs are seeking damages exceeding $75,000 along with equitable relief for various costs incurred due to delays and defective work. They also request pre-judgment and post-judgment interest, attorney fees as stipulated under Florida Statute §57.105, and other related costs.
Represented by attorneys Nestor Bustamante III from Hinckley Allen & Snyder LLP based in Plantation, Florida, Harold R. Phillips and Carrie M. Phillips are asking for judgment against Lubke Construction for breach of contract as well as violations of the Florida Building Code (FBC) under Section 553.84 of the Florida Building Codes Act. They argue that Lubke’s failure to comply with FBC standards resulted in significant defects that have caused substantial damages requiring additional engineering consultations and repair costs.
Judge Ken Burke is presiding over this case under Case Number: 24-003737-ClI.