Lake Nona HOA Files Lawsuit Against KPMG Over Road Collapse

ORLANDO, Fla., Dec. 12, 2018 /PRNewswire/ -- The VillageWalk at Lake Nona Homeowners Association, Inc. ("VillageWalk"), a private, gated community in Lake Nona, announced today that it has filed a lawsuit against KPMG LLP ("KPMG"), a professional services firm and independent member firm of KPMG International Cooperative, and JR Davis Construction Company, Inc. ("JR Davis"), an Orlando-based construction company, relating to the property and other damage that VillageWalk suffered as a result of the construction activity at the KPMG Learning and Innovation Center currently being built in Lake Nona.  The lawsuit (2018-CA-12388-O) was filed in Orange County.

In this lawsuit, VillageWalk alleges that on the evening of September 30, 2017, Upper VillageWalk Circle, the privately-owned main street encircling 1,289 homes in VillageWalk, collapsed without warning.  In addition to damaging the street, the 10 to 12-foot collapse caused damage and destruction to portions of VillageWalk's storm water outflow, portions of the electric lines which power street lights, one street light and pole, sections of sidewalks and walking paths, several mature Oaks and Palm trees, and portions of a main irrigation distribution line that controls irrigation for roughly half of all VillageWalk homes.  The collapse also destroyed a section of a critical sewer pipe which resulted in the disruption of critical services to over 400 VillageWalk homes.  One home was rendered temporarily uninhabitable.

The lawsuit further alleges that sections of Lake Nona Boulevard, a public right of way that runs parallel to Upper Village Walk Circle, also collapsed simultaneous to the collapse in the VillageWalk community.  At the time of the collapse, JR Davis was in the process of dewatering and excavating the main water retention pond structure at KPMG's Learning and Innovation Center.  The pond structure, located directly across the street from the collapsed road sections, was dewatered and excavated to a depth 21 feet beneath the Upper VillageWalk Circle road bed and 19 feet below the seasonal average water table on VillageWalk property. The lawsuit further claims that five (5) independent geotechnical engineering firms have all independently concluded that the dewatering and excavation of the KPMG water retention pond was the cause of the collapses on both Upper VillageWalk Circle and Lake Nona Boulevard.

"It is unfortunate that we are forced to resort to litigation," said Tom Rose, president of VillageWalk, "but because our community's streets are privately owned, we have an obligation to our owners to act. Without remuneration from those responsible, our residents would solely be responsible for absorbing over $500,000 in damages resulting from this event that we did not cause, and they should not have to bear that obligation.  The permitting process in Florida is clear that KPMG, as the permit holder, and JR Davis, as the construction company, are responsible for damages caused by their dewatering and construction activities."

VillageWalk has hired attorney Patrick Howell with Becker to represent the association's interest in this matter. Mr. Howell is Board Certified by the Florida Bar in Construction Law.

For HOA-related questions, please contact Tom Rose at 407.888.2704.  For questions about the litigation, please contact Patrick Howell at 407.215.9660.

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SOURCE The VillageWalk at Lake Nona Homeowners Association, Inc.