The Seminole Tribe of Florida has filed a lawsuit against Lennar Corporation, alleging that 552 newly constructed homes on tribal land are riddled with defects, rendering them unsafe for habitation. The tribe claims that despite attempts at mediation, Lennar has failed to address the widespread issues, leading to the legal action.
Key Takeaways
- The Seminole Tribe is suing Lennar over 552 homes built on tribal land over the past five years.
- The lawsuit details numerous construction defects, including roof failures and mold, making the homes unlivable.
- Mediation efforts have failed, prompting the tribe to pursue legal action.
- Lennar disputes the claims and seeks arbitration, while the tribe accuses the company of deception.
Widespread Defects Plague Tribal Housing
The lawsuit, initially filed in March and recently amended, outlines significant construction and design flaws in all 552 homes. According to tribal attorneys, residents have been effectively forced out of their homes due to unsafe living conditions. The defects range from roofs requiring immediate replacement to the presence of health-threatening mold. These issues have been reported across various counties in Florida, including Broward, Glades, Hendry, St. Lucie, Hillsborough, Lake, and Collier.
Failed Negotiations and Legal Escalation
Attorneys for the Seminole Tribe stated that their attempts to negotiate a resolution with Lennar over the past six months have been met with what they describe as deception. The amended complaint accuses Lennar of intentionally concealing the extent of their misconduct and fraud. The tribe’s lead attorney, William Scherer, described the situation as "staggering," emphasizing that "every single one of them has all kind of terrible construction defects."
Lennar’s Response and Arbitration Push
Lennar Corporation has responded by stating they take the concerns seriously and are committed to working collaboratively with the tribe. A company spokeswoman indicated that Lennar has presented a comprehensive plan for repairs and enhancements and is ready to begin work. However, Lennar is also seeking to compel arbitration, arguing that the warranty agreements bind both parties to settle disputes outside of court. The tribe’s legal team contends that this arbitration clause is being used to avoid addressing the fundamental issues with the homes.
Legal Precedent and Ongoing Disputes
This legal battle follows another significant victory for the Seminole Tribe earlier this year, where a jury awarded them $826 million in a case against Wells Fargo concerning mismanagement of a trust fund. The same legal team representing the tribe in the Wells Fargo case is now handling the lawsuit against Lennar. The case is currently before Broward Circuit Judge David Haimes, who has yet to rule on Lennar’s motion to compel arbitration. The tribe maintains that a year of inaction from Lennar has made enduring the defects impossible.