Popular beachfront condo Palm Beach Resort sits just a short walk away from the Alabama beach and is surrounded by lush palm trees and two sparkling swimming pools. It’s a gorgeous condominium primarily marketed to vacationers and families who spend winters in South Florida. 

However, the 20-year-old, five-story, three-building Orange Beach complex is facing some of the same issues as the Champlain Towers prior to their June 24th, 2021 collapse. Following the start of construction on Phoenix Gulf Towers nearby at the beginning of 2019, the buildings at Palm Beach Resort began to show signs of stress and age. 

An Eerily Similar Lawsuit Filed Last August 

A Baldwin County lawsuit filed in civil court August 2020 states there are serious issues, including cracked walls and foundations. After the Champlain Towers South collapse in June, the lawsuit is gaining new attention as beachfront towns in South Florida take proactive measures to ensure resident safety by creating new condominium inspection guidelines. 

At the time of writing, the Champlain Towers collapse has resulted in the deaths of at least 86 people, and 43 people are still unaccounted for but are presumed deceased. 

Is the Construction At Phoenix Gulf Towers the Culprit? 

One of the most pressing questions in the lawsuit is whether the ongoing construction work at Phoenix Gulf Towers is causing the Palm Beach Resort to deteriorate. According to legal documents, the new Phoenix Gulf Towers are being built just 25 feet East of the property border between Phoenix Gulf and the Palm Beach Resort. 

In the suit filed last August, attorneys for the plaintiffs suggest that illegal excavation, unsafe pile driving, and failure to adequately monitor vibration during construction are contributing to a possible future disaster.  

“The condominium association is doing everything they can to assess the damage and keep everyone safe,” says Palm Beach Condominium Association Inc. attorney Adam Milam. “That includes going after the people responsible so that hopefully one of the best things that comes out of this is future heavy construction will be better regulated as well as there will be better regulations and inspections on existing structures on a regular routine basis to ensure that nothing like Surfside happens in Orange Beach or Baldwin County.”

Contact Feinstein Real Estate Litigation & Business Law Today 

If you’re involved in a real estate or construction dispute, don’t hesitate to reach out to Feinstein Real Estate Litigation & Business Law for legal help. Call now for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Feinstein Real Estate Litigation & Business Law for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).