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Florida condo development stalled by construction litigation

When a developer decides to erect a new condominium building, it tends to see all the positives of the construction. The site may be in a desirable location, it may have great views, and the market to rent or purchase units could be strong. The developer may get all the permits and requirements in place and line up the contractors to begin breaking ground. However, in some cases, progress can come to a total standstill due to neighbors who file construction litigation because they object to the project. 

The developers of the Grand Birch condominium project on the Intracoastal in South Florida are facing this precise situation. After receiving approval from both the Planning and Zoning Board and the City Commission, the proposed 13-story condo on the Intracoastal is at a halt. Neighboring property owners have banded together and filed a lawsuit to stop the project. The litigation claims that the city did not follow its own procedures when it approved the development. Specifically, the neighbors feel that they were not given time to speak about their fears that the condominium tower does not have adequate space between neighboring buildings, would be too high, and does not have proper setbacks to the sidewalk and waterway. The neighbors are hopeful that the construction litigation will tie up the project for up to five years.

Fighting with neighbors in construction litigation can be an expensive and time consuming problem for a developer. In such a case, it may be helpful to consult with experienced legal counsel in order to create the best strategy for moving forward. 

Source: Sun Sentinal, “Lawsuit could delay waterfront condo project,” Don Crinklaw, May 23, 2013 

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