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Florida construction lawsuit lists 15 alleged defects

A bit of history helps to put the longevity of the Bacardi company into perspective. The American Civil War was in just its second year when Don Facundo Bacardí Masso of Spain founded the Bacardi rum distillery. One hundred and fifty-seven years later, a namesake is pursuing construction defects litigation in Florida.

According to news reports, a Bacardi-owned company is suing OHL USA (part of a multinational Spain-based construction and engineering firm) over construction defects, late payments to subcontractors and delay damages.

The plaintiff is 1515 Sunset LLC, a business controlled by Facundo Bacardi. The company opened a six-story office building in South Florida’s Coral Gables nine months ago – a structure now at the heart of the litigation.

According to the news report, seven years ago 1515 Sunset engaged Arellano Construction (an OHL USA predecessor company) to demolish a building that was on the site and then prepare the site for the office and retail development that was certified for occupancy earlier this year.

1515 Sunset alleges that numerous defects and problems were observed while the new building was being constructed and after the occupancy certificate was issued by Coral Gables. Among the 15 alleged defects: damaged stucco walls, improperly sealed windows, missing sealant and improper waterproofing of walls. The company also states in its lawsuit that heating and air conditioning equipment was improperly installed.

1515 also alleges that OHL failed to pay subcontractors in a timely manner, which resulted in construction liens being filed against the Bacardi-owned company. The firm also claims that the building was supposed to have been completed in August 2015, but was not substantially finished until June of last year – a delay of 1000 days.

Attorneys for both sides declined to comment for publication on the lawsuit.

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