A Florida-based construction company is facing legal action over alleged negligence and violations of the Florida Building Code. The lawsuit was filed by AIG Property Casualty Company, acting as a subrogee for Boesch-Cohen 2011 Residence Trust, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County on November 21, 2024. The defendant in this case is Smart Communication Systems, LLC.
The complaint arises from an incident that occurred on February 7, 2023, when Smart Communication Systems was conducting construction activities at a property adjacent to the Boesch-Cohen residence located at 9560 West Gulf Boulevard in Treasure Island, Florida. According to AIG's filing, during these activities, Smart Communication Systems allegedly failed to control its construction materials adequately. This failure resulted in damage to various elements of the Boesch-Cohen property, including furniture, fencing, decking boards, windows, vents, pavers, roof and stucco finishes due to stucco and cement staining. Additionally, several fixtures were reportedly damaged by flying debris originating from Smart’s construction site.
AIG Property Casualty Company contends that it has incurred financial damages due to these events as it had to pay insurance proceeds to cover the damages suffered by its insured party, Boesch-Cohen 2011 Residence Trust. Consequently, AIG claims it is subrogated to the rights of Boesch-Cohen Trust for any claims related to this incident.
The lawsuit accuses Smart Communication Systems of negligence for failing to secure loose building materials and tools that caused damage and failing to supervise subcontractors properly. Moreover, AIG alleges that Smart violated Chapter 33 of the Florida Building Code by not protecting adjoining properties from damage during their construction work. The complaint cites Section 553.84 of the Florida Statutes which allows for legal action if a violation of the building code results in damage.
In seeking redress from the court, AIG demands compensatory damages exceeding $75,000 along with pre-judgment interest, post-judgment interest, costs associated with bringing forth this lawsuit and any other relief deemed appropriate by the court.
Representing AIG Property Casualty Company is Aaron M. Jacobs from Butler Weihmuller Katz Craig LLP based in Tampa. The case is presided over by judges within the Sixth Judicial Circuit under Case Number: 24-005125-CI.