In a dramatic legal battle unfolding in Pinellas County, Florida, homeowners are taking on a construction company over alleged defects in their newly built home. Dean and Karen Harkey filed a complaint against DHM Construction Services, LLC on November 13, 2024, in the Circuit Court of the Sixth Judicial Circuit, seeking damages for what they claim are numerous construction flaws.
The case centers around a contract signed on May 22, 2020, between the Harkeys and DHM Construction Services for the construction of a single-family residence at their property located at 1197 36th Ave. NE, St. Petersburg. According to the complaint, DHM Construction agreed to adhere to the Florida Building Code and local industry standards but allegedly failed to do so. The plaintiffs accuse the defendant of causing "numerous construction defects," including improper roof installation leading to water intrusion and toxic mold growth due to faulty window installation. These issues were highlighted in detailed reports by Beryl Engineering and an Exploratory Water Damage Restoration Report attached as exhibits in the filing.
The Harkeys claim that these defects were known to DHM Construction during the building process and that despite being notified of these issues on July 15, 2024, via written notice under Chapter 558 of Florida Statutes, the company refused to address or compensate for them. The plaintiffs argue that this refusal constitutes a breach of contract and have also accused DHM Construction of violating building codes under §553.84 of Florida Statutes.
The lawsuit outlines three counts: breach of contract, violation of building codes, and negligence. Each count details how DHM Construction's actions—or lack thereof—have led to significant damage requiring costly repairs and remediation efforts. For instance, they assert that improper installation practices necessitate replacing roofing materials and conducting extensive mold remediation due to water damage inside their home.
As part of their legal action, Dean and Karen Harkey are seeking a judgment covering all repair costs related to these alleged defects along with attorney fees incurred throughout this litigation process. They emphasize that they have been forced into hiring legal representation solely because of DHM Construction's failure to fulfill its contractual obligations.
Representing Dean and Karen Harkey are attorneys J. Patrick Walsh and Alexis D. Moore from Coats Schmidt P.A., based in St. Petersburg. The case is identified as Case Number: 24-004989-CI with Judge Ken Burke overseeing proceedings in Pinellas County Circuit Court.