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IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

 

EMPERATRIZ CUEVA, MARIO CUEVA, 

MARIA CUEVA AND EMPERATRIZ 

CUEVA, as legal guardian of the minor child 

EMPERATRIZ V. CUEVA, 

 

 Plaintiffs, 

v. 

HOME DEPOT USA, INC. 

 Defendants. 

__________________________________/

Case No. ________________ 

 

COMPLAINT 

 Plaintiffs Emperatriz Cueva, Mario Cueva, Maria Cueva and Emperatriz Cueva as legal 

guardian of the minor child Emperatriz V. Cueva, by and through undersigned counsel, hereby sues 

defendant Home Depot USA, Inc. and states as follows 

Jurisdiction and Venue 

1. This Court has jurisdiction overt his matter pursuant to 28 U.S.C. §1332, on the basis 

of diversity jurisdiction with an amount in controversy over $75,000, excluding costs, attorneys’ fees 

and interest. 

2. Venue is proper in the United States District Court for the Southern District of Florida 

pursuant to 18 U.S.C. §1965, as all parties reside, or are found, have an agent or transaction affairs 

within this district. 

Parties 

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3. Plaintiff Emperatriz Cueva (“EC”) is an individual who resides in Broward County, 

Florida. 

4. Plaintiff Mario Cueva (“MC”) is an individual who resides in Broward County, 

Florida. 

5. Plaintiff Maria Cueva (“Maria Cueva”) is an individual who resides in Broward 

County, Florida. 

6. Emperatriz V. Cueva (“EVC”) is a minor child who resides with her parents/legal 

guardians Emperatriz Cueva and Mario Cueva in Broward County, Florida. 

7. Home Depot USA, Inc. (“Home Depot”) is a Georgia Corporation with its principal 

place of business in Atlanta, Georgia. 

8. All conditions precedent to this action have been performed or have occurred. 

9. Plaintiffs were caused to retain the undersigned law firm to enforce their rights and, 

further, are entitled to recover their reasonable fees and costs. 

General Allegations 

10. Plaintiffs MC and EC own the property located at 472 Lakeside Circle, Sunrise, 

Florida 33326 (the “Property”). Their adult child, Maria Cueva and their minor child, EVC, reside 

with them at their home. 

11. In or about August 2016, Plaintiffs MC and EC visited the Home Depot Store 6236 W. 

Griffin in Davie, Florida to inquire about the installation of a new roof. At the time, Home Depot 

offered roof installation services at their various locations. 

12. On or about August 18, 2016, Plaintiffs MC and EC entered into a Home Improvement 

Contract with THD At-Home Services, Inc. d/b/a The Home Depot At Home Services, which upon 

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information and belief is a now defunct wholly owned subsidiary of defendant Home Depot. A true 

and correct copy of the Contract is attached hereto as Exhibit “A.” 

13. The Contract required the installation of a new roof at the property, for the contract 

sum of $ 20,517.00 (the “Project”). 

14. The contractor’s license number listed on the Contract is held by or on behalf of Home 

Depot as set forth on Home Depot’s website: 

https://www.homedepot.com/c/SV_HS_Contractor_License_Numbers.

15. Home Depot’s website assures clients that it “stands behind all installation work to 

make sure the project is completed on time the right way.” 

16. The roof installation was completed on or about December 2016. 

17. Upon completion, Home Depot issued an Installed Residential Roofing Systems 

Limited Craftmanship Warranty (the “Home Depot Warranty”). A true and correct copy of the Home 

Depot Warranty is attached hereto as Exhibit “B.” 

18. In or about September 2018, Plaintiffs experienced leaks in the roof that caused water 

damage throughout the Property. Plaintiff EC contacted Home Depot to put it on notice of a warranty 

claim. 

19. Over the course of the next several years, Plaintiff EC negotiated with Home Depot 

and its claims representatives Genpact (for exterior damage and repairs) and Sedgwick (for interior 

damage and repairs) to remedy the defects and repair the damage caused by those defects. 

20. The amounts offered by Genpact and Sedgewick to resolve the warranty claims was 

woefully insufficient. 

21. During this time, Plaintiffs began developing significant and serious health problems 

due to exposure to mold forming as a result of the leaks in the roof. 

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22. Unable to make any progress with Genpact and Sedgwick despite numerous attempts, 

Plaintiffs hired counsel to put Home Depot on notice of the construction defects as required by Fla. 

Stat. §558. 

23. On or about October 15, 2021, Plaintiffs EC and MC served a notice of claim pursuant 

to Fla. Stat. §558.001 et seq. (“Construction Defect Notice”) upon THD At-Home Services, Inc. by 

certified mail at the address listed in the Contract. Such mailing was returned as undeliverable. 

24. On or about November 8, 2021, Plaintiffs EC and MC made a second attempt to serve 

THD At-Home Services, Inc. at their Atlanta, Georgia address identified through a public records 

search, however Plaintiffs received no response. 

25. On January 13, 2022, the Construction Defect Notice was forwarded to Home Depot’s 

Executive Vice President and General counsel Teresa Wynn Roseborough, Esq. A true and correct 

copy of the letter to counsel and the Construction Defect Notice is attached hereto as Exhibit “C.” 

26. Thereafter, Home Depot requested an extension of time to respond to the Construction 

Defect Notice and conducted an inspection of the property on March 22, 2022. Therefore, all required 

conditions precedent to suit have been completed. 

27. The parties were unable to resolve the issues raised by the Construction Defect Notice. 

Construction Defects 

28. As set forth in Exhibit C, Home Depot has been placed on notice of numerous defects 

in the construction of the roof on the Property, which included but are not limited to: 

a. Defective, deficient, and/or improperly installed roof materials, including the 

fasteners, nails, screws, flashing, cement, waterproofing and sealants, that are deteriorating, 

cracking and causing water intrusion and damage to both the interior and exterior of the home. 

The roof is retaining water and leaking in numerous places, causing mold and other damage 

to exterior and interior walls, light fixtures and ceilings. Active water leaks throughout the 

house, and significant mold formation causing chronic health issues. 

 

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b. The roof is missing wall flashes, stucco, sealer flex waterproofing, seal flex 

pink and fabric as set forth in the Genpact Report. 

c. Defective, deficient, and/or improperly installed flashing, valley and return 

resulting in water intrusion and damage. 

d. Defective, deficient, and/or improperly installed clay tiles that are cracked 

and/or missing underlayments, plastic caps and sheets, resulting in water intrusion and 

damage. 

e. Defective, deficient, and/or improperly installed boards on the side of the roof, 

resulting in leakage through the boards, and blockage of the breather vent, causing humidity 

and dampness in the bathroom. 

f. Mold and environmental toxins identified in walls, boards and window seals, 

air handlers, and in other areas of the home, causing significant, chronic health issues in 

residents and resulting in thousands of dollars in out-of-pocket medical costs in addition to 

pain and suffering. Mold also damaged furniture, clothing, landscaping equipment and other 

items inside the home. 

29. The identified defects have caused significant property damage including but not 

limited to water damage to fixtures, ceilings, walls, HVAC and household furnishings and personal 

property, and damage due to mold and other toxins. 

30. The following professionals will need to be hired to repair the defective roof and the 

resulting interior and exterior damage: 

a. General Contractor 

b. Electrical Specialist for both interior and exterior work 

c. Tarp Specialist 

d. Mold Restoration and Removal Specialist 

e. Mason and Roofer Professional 

f. Painter 

g. Construction Debris/ Roll Off Dumpster 

h. Garage Door Professional 

i. Window Professional 

j. Professional to replace walls, ceiling, crown and frames 

k. HVAC Contractor 

 

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31. In addition to the exterior and interior property damage noted above, each of the 

Plaintiffs have developed severe and chronic medical conditions due to mold exposure and are entitled 

to damages for present and future medical bills, pain and suffering, lost income and benefits, among 

other things. 

32. Finally, Plaintiffs will incur damages to remediate the mold on their Property. 

33. As a result of Home Depot’ failures, Plaintiffs have sustained damages and will 

continue to sustain damages currently calculated to exceed $1 million, including the costs incurred 

and to be incurred in removing, replacing, repairing and correcting Home Depot’ work; in mold 

remediation and as compensation for past, present and future medical expenses. 

Count I – Violation of Florida Building Code 

34. The allegations in paragraphs 1 through 33 are realleged as if fully set forth herein. 

35. Section 553.84, Florida Statutes (2001) expressly creates a cause of action in favor of 

any person who sustains damages as a result of a violation of the Florida Building Code and against 

the person or party who committed the violation. 

36. Home Depot was under a statutory duty, pursuant to Chapter 553, Florida Statutes, to 

properly construct and deliver the Project in compliance with all applicable local, state, and national 

building codes and regulations. 

37. Home Depot failed to comply with all applicable local, state and national building 

codes and regulations, including the Florida Building Code, by installing the roof in a defective, 

deficient and improper manner as set forth above and/or by hiring individuals to perform work on the 

Property who did not have the requisite skill or license to perform such work. 

 

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38. Home Depot knew or should have known that its construction was in violation of the 

Florida Building Code. 

39. Plaintiffs have and/or will suffer damages proximately caused by Home Depot’s 

failure to comply with the Florida Building Code, including but not limited to the cost to correct the 

code violations, to replace the roof and to remediate the mold, among other things. 

WHEREFORE, Plaintiffs demand judgment against Home Depot USA, Inc. for all damages 

allowed by law, including but not limited to expert fees, and such other and further relief as the Court 

deems just and proper. 

Count II – Breach of Contract

40. The allegations in paragraphs 1 through 33 are realleged as if fully set forth herein. 

41. Before entering into the Contract with Plaintiffs, Home Depot familiarized itself with 

the Property and the plans and specifications for the Project. 

42. The Contract required Home Depot to “furnish, deliver and arrange for the installation 

of” a new roof as set forth in the Spec Sheet. 

43. Home Depot never indicated to Plaintiffs that additional information was required to 

complete the project in accordance with the Contract and specifications. 

44. Home Depot never notified Plaintiffs of the existence of any conditions that would 

interfere with Home Depot being able to perform the work required under the Contract. 

45. Home Depot breached the parties’ Contract by, among other things: 

a. Failing to construct the improvements in accordance with the Contract and 

specifications; 

b. Failing to construct the improvements in accordance with all applicable building 

codes;

c. Failing to construct the improvements in a good and workmanlike manner; 

d. Failing to properly supervise its employees and subcontractors; 

e. Failing to properly coordinate its subcontractors; and 

f. Failing to diligently prosecute the work. 

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46. Plaintiffs fully performed all of their obligations under the Contract. 

47. As a result of Home Depot’s breaches, Plaintiffs have sustained and continue to sustain 

damages, including but not limited to the costs to remove, replace, repair and correct Home Depot’s 

work, and the damage caused thereby. 

WHEREFORE, Plaintiffs demand judgment against Home Depot USA, Inc. for all damages 

permitted by law, including expert fees, and for such other and further relief as the Court deems just 

and proper. 

Count III – Negligence 

48. The allegations in paragraphs 1 through 33 are realleged as if fully set forth herein. 

49. As the general contractor, Home Depot owed duties to Plaintiffs: (i) to exercise 

reasonable care to prevent reasonably foreseeable harm; (ii) to comply with the Florida Building Code 

and other building codes and regulations; and (iii) to manage the project, hire qualified individuals 

and to protect Plaintiffs against unreasonable and unnecessary costs. 

50. Home Depot breached the duties it owed to Plaintiffs by, among other things: (i) failing 

to comply with all applicable local, state and national building codes and regulations, including the 

Florida Building Code; (ii) installing the roof in a defective, deficient and improper manner as set 

forth above; and/or (iii) by hiring individuals to perform work on the Property who did not have the 

requisite skill or license to perform such work. 

51. As a direct and proximate result of Home Depot’s negligence, Plaintiffs have suffered 

damages to the Property and will incur great costs to remedy the defects, to remediate the mold, and 

to repair and replace their personal property. 

52. As a further direct and proximate result of Home Depot’s negligence, Plaintiffs also 

have suffered bodily injury and resulting pain and suffering, disability, loss of capacity for the 

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enjoyment of life, expense of hospitalization and medical care and treatment, lost wages and loss of 

earning capacity. Plaintiffs will continue to suffer these damages in the future. 

WHEREFORE, Plaintiffs demand judgment against Home Depot USA, Inc. for all damages 

permitted by law and for such other and further relief as the Court deems just and proper. 

Count IV – Breach of Express Warranty 

53. The allegations in paragraphs 1 through 33 are realleged as if fully set forth herein. 

54. Plaintiffs EC and MC entered into a contract with THD At-Home Services, Inc. d/b/a 

The Home Depot At Home Services, which upon information and belief is a now defunct wholly 

owned subsidiary of defendant Home Depot. See Exhibit “A.” 

55. As part of the parties’ Contract, Home Depot issued Installed Residential Roofing 

Systems Limited Craftsmanship Warranty. See Exhibit “B.” 

56. The express warranty obligation Home Depot to “correct all faults related to 

workmanship or application of the product(s) that occur ... at no additional cost to Purchaser.” 

57. The installation of the roof was performed in a defective, deficient and unworkmanlike 

manner and contained significant defects. 

58. Home Depot has therefore breached the terms of the express warranty. 

59. Plaintiffs have suffered both personal and property damages as a result of Home 

Depot’s breach of the express warranty as set forth above. 

 

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WHEREFORE, Plaintiffs demand judgment against Home Depot USA, Inc. for all damages 

permitted by law and for such other and further relief as the Court deems just and proper. 

DEMAND FOR JURY TRIAL 

Plaintiffs hereby demand a trial by jury on all issues so triable. 

Respectfully submitted, 

/s/ Jonathan P. Cohen 

Jonathan P. Cohen, Esq. 

Florida Bar No. 11526 

Lisa B. Lia, Esq. 

Florida Bar No. 1026810 

Jonathan P. Cohen P.A. 

jcohen@jcohenpa.com 

service@jcohenpa.com

llia@jcohenpa.com 

500 E. Broward Blvd, Ste. 1710 

Ft. Lauderdale, FL 33394 

Ph-954-462-8850 

Fx-954-848-2987 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 10 of 42
EXHIBIT “A” 

 

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EXHIBIT “B” 

 

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LIMITED CRAFTSMANSHIP WARRANTY - In addition to any warranty extended to the Purchaser directly from

the manufacturer of the product(s) used in the installation, THD At-Home Services, Inc. (“Home Depot”), upon notice

from the Purchaser, will correct faults related to the workmanship or application of the product(s) that occur during the

time period designated below at no additional cost to the Purchaser as long as the Purchaser owns the home in which

the product(s) were installed. This Limited Craftsmanship Warranty is effective from the Completion Date as indicated

on the Completion Certificate. See actual warranties for complete details.

EXCLUSIONS - The Warranty described above does not cover acts of God, deliberate damage and/or damage caused 

by vandalism or removal and/or alteration of the products or materials by the Purchaser or a party other than Home Depot

or its authorized contractor, even in the event such action is authorized by the Purchaser. In the event that the Purchaser,

by themselves or through another party, performs work which causes the removal and/or alteration of the products or

materials during the applicable Warranty period, this Craftsmanship Warranty shall be void, and all claims pursuant to it

shall be forfeited.

Craftsmanship Warranty Coverage Eligible Products

Two (2) Year Limited Craftsmanship Warranty All 25, 30, 40 year shingles and flat or low slope applications

Five (5) Year Limited Craftsmanship Warranty 

Ten (10) Year Limited Craftsmanship Warranty

All tile roof applications

All 25, 30 or 40 year shingles 

ADMINISTERED BY: THD At-Home Services, Inc. 

 d/b/a The Home Depot At-Home Services

 2690 Cumberland Parkway, Suite 300 Atlanta, GA 30339

If you are in need of warranty service, please call 1-877-MY-THDPROJECT (1-877-698-4377). 

Installed Residential Roofing Systems

Limited Craftsmanship Warranty

 12-3-10 SFC-R THD-576

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EXHIBIT “C” 

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500 East Broward Blvd. | Suite 1710 | Fort Lauderdale, FL 33394

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January 13, 2022

By U.S. Mail and Certified Return Mail

and via email: Teresa_Roseborough@homedepot.com

Teresa Wynn Roseborough, Esq.

Executive Vice President

General Counsel and Corporate Secretary

The Home Depot, Inc.

2455 Paces Ferry Road, SE

Atlanta, GA 30339-4024

Re: Cueva/Roof Construction at 472 Lakeside Circle, Fort Lauderdale, FL 33326

Dear Ms. Roseborough:

This firm represents Mario and Emperatriz Cueva regarding the installation of a new roof to the 

property located at 472 Lakeside Circle, Fort Lauderdale, FL. The roof installation was performed 

through Home Depot-Store 6326 W Griffin in Davie, Florida. The Cuevas have suffered extensive 

damages to their persons and property as a result of the defective installation of the roof at their 

property. Their efforts to resolve the matter with Home Depot’s claims adjusters have failed, as 

the amount offered in settlement was insufficient to compensate the Cuevas for the significant 

damage and necessary repairs. 

I enclose for your review a 558 Notice served upon the Home Depot entity named in the parties’ 

contract –THD At-Home Services, Inc. – at its headquarters in Atlanta, Georgia. The time within 

which Home Depot was required to respond to the 558 Notice expired in December 2020, and the 

company has failed to respond. We would appreciate your prompt attention to this matter so that 

we may avoid litigation. 

Regards,

Jonathan P. Cohen

Jonathan P. Cohen, Esq.

Enc.

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500 East Broward Blvd. | Suite 1710 | Fort Lauderdale, FL 33394

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November 8, 2021

By U.S. Mail and Certified Return Mail

7020-1810-0000-1472-2669

THD At-Home Services, Inc.

d/b/a The Home Depot At-Home Services

2690 Cumberland Parkway, Suite 300

Atlanta, Georgia 30339

Re: Cueva/Roof Construction at 472 Lakeside Circle, Fort Lauderdale, FL 33326

To Whom It May Concern:

This firm represents Mario and Emperatriz Cueva (together, “Owner”) regarding the installation 

of a new roof to the property located at 472 Lakeside Circle, Fort Lauderdale, FL 33326

(hereinafter the “Project”). The purpose of this letter is to provide you with notice pursuant to 

Section 558.004, Florida Statutes, regarding Owner’s claims against Home Depot-Store 6326 W 

Griffin (hereinafter “Contractor”), for construction defects at the Project, and to make demand 

pursuant to Florida Statutes, common law and the agreement between the parties for cure of these 

defects. This letter also serves as a demand, pursuant to Section 627.4137, Florida Statutes, for 

disclosure of your insurance information.

NOTICE OF CLAIM PURSUANT TO §§ 558.001 et. seq.

Attached as Exhibit A to this Notice of Claim is a List of Defects that identifies the construction 

defects at the Project that have been discovered or are known to exist to date. Owner reserves their 

right to supplement and amend the List of Defects and this Notice of Claim if and as additional 

construction defects at the Project, or additional information concerning the construction defects 

discovered or known to exist to date, becomes available or as circumstances otherwise warrant. 

The damage or loss resulting from the defects set forth in the List of Defects includes, without 

limitation, the costs and expenses for the repair or removal of the deficient work and materials and 

replacement with suitable work and materials, and damage that may result to other work or 

fixtures. Be aware that this may include, without limitation, the costs and expenses to repair, or to 

remove and replace, the entire roof at the Project.

The defective work and materials set forth in the List of Defects, without limitation, violate 

applicable industry standards and are of poor quality, not fit for their intended use, unacceptable,

and constitute breaches of Owner’s agreement with Contractor for the Project (the “Agreement”). 

Additionally, the defective work and materials set forth in the List of Defects fail to meet generally 

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accepted standards of workmanship and performance of similar work and materials and fail to 

conform to the requirements of the Agreement.

This Notice of Claim is in addition to Owner’s prior notices of the subject construction defects 

provided to Contractor when discovered by Owner. Owner reported the issues to Home Depot 

and was directed to process the claim through The Genpact Warranty Team (“Genpact”). Genpact 

conducted a roof inspection and issued a written report for Claim Number 21682 (the “Genpact 

Report”). The roof defects identified by Genpact are listed in the Genpact Report, attached as part 

of Exhibit A. Owner hereby demands that you take all measures necessary to correct the defects 

identified on Exhibit A and those set forth in the Genpact Report.

Owner requests that Contractor, in compliance with Section 558.004(3), Florida Statutes, within 

ten (10) days after service of this Notice of Claim, forward a copy of this Notice of Claim to each 

contractor, subcontractor, supplier, or design professional whom Contractor reasonably believes

is responsible for each defect specified in the attached List of Defects, noting the specific defect 

for which the Contractor believes the particular contractor, subcontractor, supplier, or design 

professional is responsible. 

Pursuant to Section 558.004(2), within 30 days of service of this Notice of Claim, the person served 

with this Notice of Claim is entitled to perform a reasonable inspection of the property to assess 

each alleged construction defect and must reasonably coordinate the timing and manner of any and 

all inspections with Owner during normal working hours, through this office, to minimize the 

number of inspections. 

Owner also requests that Contractor, in compliance with Section 558.004(5), Florida Statutes, 

within forty-five (45) days after service of this Notice of Claim serve a written response to Owner

through this office, providing: 

(a) A written offer to remedy the alleged construction defects at no cost to Owner, a 

detailed description of the proposed repairs necessary to remedy the defects, and a 

timetable for the completion of such repairs; 

(b) a written offer to compromise and settle the claim by monetary payment, that will not 

obligate your insurer(s), and a timetable for making payment;

(c) a written offer to compromise and settle the claim by a combination of repairs and 

monetary payment, that will not obligate your insurer(s), that includes a detailed 

description of the proposed repairs and a timetable for completion of such repairs and 

making payment;

(d) a written statement that you dispute the claim and will not remedy the defects or 

compromise and settle the claim; or

(e) a written statement that a monetary payment, including insurance proceeds, if any, will 

be determined by your insurer(s) within thirty (30) days after notification to the 

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500 East Broward Blvd. | Suite 1710 | Fort Lauderdale, FL 33394

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insurer(s) by means of serving this Notice of Claim, which service shall occur at the 

same time Owner is notified of this settlement option, which Owner may accept or 

reject. A written statement under this paragraph may also include an offer under 

paragraph (c) above, but such offer shall be contingent upon Owner also accepting the 

determination of the insurer whether to make any monetary payment in addition 

thereto. If Contractor’ insurer(s) make no response within the thirty (30) days 

following service, then Owner shall be deemed to have met all conditions precedent to 

commencing an action. 

In accordance with Section 558.004(15), Florida Statutes, Owner also requests that Contractor

provide, within thirty (30) days of service of this Notice of Claim, any design plans, specifications, 

and as-built plans; any documents detailing the design drawings or specifications; photographs, 

videos, and expert reports that describe any defect upon which this claim is made, as set forth in 

the attached List of Defects; subcontracts; and purchase orders for the work that is claimed 

defective or any part of such materials. Owner offers to pay the reasonable costs of reproduction, 

but requests to be notified of such costs before they are incurred.

Owner also demands that Contractor preserve all of the documents and items listed above, and any 

and all other documents and items within Contractor’ possession, custody, or control regarding the 

Project. Please do not modify, alter or destroy any such documents or items, including, without 

limitation, any or all electronically stored information, such as, but not limited to, emails, text 

messages, BIM (Building Information Modeling), CAD drawings, photographs, videos, 

spreadsheets, and electronic back-up and storage systems and media. Please place all applicable 

personnel in your company on notice regarding this demand.

Owner reserves all of their rights, claims, and remedies regarding or arising from the Project, the 

Agreement, and the matters set forth above. The omission of any construction defect, claim, or 

other issue or matter from this letter is not intended, nor should be deemed as, a waiver of any 

right, claim, or remedy by Owner, all of which Owner expressly reserves, including without 

limitation, all of their warranty and other rights and claims that are available under the Agreement 

and that are otherwise available under relevant and applicable laws. Owner also expressly 

reserves, and does not waive or intend to waive, all of their rights, claims, and remedies regarding 

or arising from their contracts and agreements with any other person or entity regarding the Project, 

or that are otherwise available under relevant and applicable laws, including, without limitation, 

in regard to the matters set forth above.

DEMAND FOR DISCLOSURE OF INSURANCE INFORMATION

Pursuant to section 627.4137 of the Florida Statutes, the Owner hereby requests that you disclose 

the name and coverage, together with the limits of liability, for each insurer for which you may 

have coverage for any act or omission with respect to services you may have performed or goods 

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500 East Broward Blvd. | Suite 1710 | Fort Lauderdale, FL 33394

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you may have provided with respect to the above-referenced claim. Please also provide a copy of 

the subject policies. Additionally, you are hereby requested to forward the instant demand for 

disclosure to your insurers, to provide a statement of any policy or coverage defense which such 

insurer reasonably believes is available to such insurer at the time of filing such statement.

In addition, Owner requests that you have each of the insurers provide the undersigned with a 

statement, under oath, of a corporate officer or the insurer's claim management superintendent, 

which sets forth:

(a) Each known policy of insurance, which does or may provide insurance coverage to 

pay all or a portion of these claims, including excess or umbrella insurance;

(b) The name of the insurer;

(c) The name of the insured;

(d) The limits of the liability coverage; and

(e) A statement of any policy or coverage defense, which insurer reasonably believes 

is available to such insurer at the time of filing such statement.

I appreciate your immediate attention to this matter and look forward to your prompt 

response.

Regards,

Jonathan P. Cohen

Jonathan P. Cohen, Esq.

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 29 of 42
500 East Broward Blvd. | Suite 1710 | Fort Lauderdale, FL 33394

P 954-462-8850 | F 954-848-2987 | jcohenpa.com info@jcohenpa.com

EXHIBIT A 

List of Defects

Below is a list of the construction defects (including, without limitation, as such term is defined in 

Section 558.002(5), Florida Statutes) at the Project that have been discovered or are known to exist 

to date. Owner reserves their right to supplement and amend this List of Defects and its 

accompanying Notice of Claim if and as additional construction defects at the Project, or additional 

information concerning the construction defects discovered or known to exist to date, becomes 

available or as circumstances otherwise warrant.

1. Defective, deficient, and/or improperly installed roof materials that are deteriorating and 

causing water intrusion and damage to both the interior and exterior of the home. The roof 

is retaining water and leaking in numerous places, causing mold and other damage to 

exterior and interior walls, light fixtures and ceilings. Active water leaks throughout the 

house, and significant mold formation causing chronic health issues in the residents.

2. The work and materials specified, supplied, and installed for the roof, including, without 

limitation, the fasteners, nails, screws, flashing, cement, waterproofing and sealants used 

to install and finish the roof were not manufactured, inspected, prepared, and/or installed 

in accordance with, without limitation, the approved control samples, industry standards, 

or governing contract documents, plans, drawings, or specifications.

3. The work and materials specified, supplied, and installed for the roof, including, without 

limitation, the fasteners, nails, screws, flashing, cement, waterproofing and sealants used 

to install and finish the roof were not of good quality, free from defects, or fit for their 

intended use, and fail to satisfy generally accepted standards of workmanship and

performance of similar work and materials meeting the requirements specified by Owner’s 

agreement with contractor.

4. Defective, deficient, and/or improperly installed roof materials, sealers and waterproofing, 

resulting in cracks, water intrusion and damage, and holes in the roof. The roof is missing 

wall flashes, stucco, sealer flex waterproofing, seal flex pink and fabric. 

5. Defective, deficient, and/or improperly installed flashing, valley and return resulting in 

water intrusion and damage.

6. Defective, deficient, and/or improperly installed clay tiles that are cracked and/or missing 

underlayments, plastic caps and sheets, resulting in water intrusion and damage.

7. Defective, deficient, and/or improperly installed boards on the side of the roof, resulting in 

leakage through the boards, and blockage of the breather vent, causing humidity and 

dampness in the bathroom.

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 30 of 42
500 East Broward Blvd. | Suite 1710 | Fort Lauderdale, FL 33394

P 954-462-8850 | F 954-848-2987 | jcohenpa.com info@jcohenpa.com

8. Mold and environmental toxins identified in walls, boards and window seals, air handlers, 

and in other areas of the home, causing significant, chronic health issues in residents and 

resulting in thousands of dollars in out-of-pocket medical costs in addition to pain and 

suffering. Mold also damaged furniture, clothing, landscaping equipment and other items 

inside the home. Further mold testing and significant remediation, repair and replacement

necessary. 

9. Based upon the Genpact Report, the roof will need to be repaired and/or replaced. Owner 

also seeks compensation for the personal injury and property damages caused by the 

defective roof and resulting water intrusion and mold. Owner further states that the

following professionals will need to be hired to repair the defective roof and resulting 

interior and exterior damage:

a. General Contractor

b. Electrical Specialist for both interior and exterior work 

c. Tarp Specialist

d. Mold Restoration and Removal Specialist

e. Mason and Roofer Professional

f. Painter

g. Construction Debris/ Roll Off Dumpster

h. Garage Door Professional

i. Window Professional

j. Professional to replace walls, ceiling, crown and frames

k. HVAC Contractor

GenPact Report and pictures are attached hereto and incorporated herein by reference. 

Additional pictures, repair estimates, medical records, expense information and videos are 

available upon request.

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 31 of 42
Owners: Mario & Emperatriz Cueva Genpact Claim Number# 21682

Home: 472 Lakeside Circle Sunrise, FL 33326 Date: 2020 Year

Phone: 954-534-4306

EXTERIOR DAMAGES

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Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 32 of 42
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Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 33 of 42
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Cracks all over the sides and holes of unfinished. This is not the way roof should look like. Missing wall flashes, 

stucco, sealer flex waterproofing, seal flex pink and fabric. Wall flashes are areas that always fail first as 

expected the wood decking along with wall flashing area gets rotted from water intrusion and always need to 

be replaced and/or installed before installing the roof tiles. Wall flashing should have a generous layer of 

flashing cement, after the wall area is properly sealed. Flashing are set in place over the cushion provided by 

the flashing cement. If not enough flashing cement is applied the flashing will rust and fail prematurely. 

Flashing should be secured and sealed, fresh stucco is applied to the areas to conceal the flashing and match 

the wall, then a wood board is used to frame the stucco perfectly. To prevent stucco on the wall flashing from 

cracking and provide additional reinforcement, sealer flex waterproofing system is applied along the wall 

flashing. The first coat of sealer flex pink must be applied directly over the new stucco, seal of flex fabric is then 

installed over the first layer of sealer flex pink. The fabric serves as reinforcement of the waterproofing system, 

after the fabric is installed a second coat of seal flex pink is applied directly over the fabric. The importance in 

installing sealer flex for another waterproofing system along the wall flashing cannot be stressed enough. Pink 

fabric and pink assembly must cure for a day. Following a seal flex white finish coat should be applied to 

complete the sealer flex waterproofing system. In these pictures the home failed to have this process. The roof 

is incorrectly installed causing water damages all over the house lining. 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 34 of 42
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1) Leak on VALLEY and RETURN, must remove all tiles in affected

area, cut and replace all rotten plywood as necessary, install new modified

bitumen tile underlayment along repair, seal all edges with roof mastic and

fibered membrane.

2) FLASHING, VALLEY & RETURN have not been installed correctly nor should have been approved by code 

inspector, must remove all tiles in affected area, cut out stucco, remove old stucco and rotten wall flashing, 

install new wall flashing along the wall and seal all edges with roof mastic and fibered membrane along the 

wall, install new modified bitumen underlayment along repair, also seal edges with roof mastic and fibered

membrane. Install new stucco to match existing wall texture. Install all new tiles. New tiles will not match due 

to the age of the roof or availability of tiles.

3) Repair leak found along wall FLASHING on back of house, must

remove all tiles in affected area, replace any damage plywood decking if

necessary, install new modified bitumen tile underlayment, seal vent and all

edges with roof mastic and fibered membrane. Install tiles back as close as

possible, new tiles will not match due to the age of the roof or availability of

tiles.

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 35 of 42
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Cracks in the clay tile. 

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Water Leaking through cracks on side that was not properly flashed. 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 36 of 42
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Did not place boards correctly. Leaks from the roof damaged and rotten the board with mold. Must be fixed 

immediately. Mold running through walls and inner window seals. 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 37 of 42
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The proper layers underneath clay tile was not installed correctly. Missing underlayment’s and sheets. They did not 

install plastic caps that goes in between the wood batten and underlayment’s causing incoherent leakages. By placing 

the plastic caps is allows the roof open airspace in between the thickness of the plastic cap in which allows the water to 

go through the tile and hits the underlayment giving it a place to flow freely down the roof all the way down the gutter 

system properly. 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 38 of 42
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Boards not properly installed open areas on the side of roof. Leakage through board.

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 39 of 42
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Boards not properly installed open areas on the side of roof. Breather vent block causing humidity and dampness in the 

bathroom. 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 40 of 42
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Mold areas on window seal sides. 

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Mold areas

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 41 of 42
Exterior Notes: I cannot attach roof video in the pdf file. I’ve attached one (1) video of loose roof tiles to email thread or 

you can click on URL Link https://s21.aconvert.com/convert/p3r68-cdx67/4zs6m-mm2n0.mp3

For the exterior job we will need to hire the following:

• Tarp Specialist

• Mold Restoration and Removal Specialist

• Mason and Roofer Professional

• Painter 

• Construction Debris / Roll Off Dumpster

• Garage Door Professional (Exterior or interior?)

• Window Professional (Exterior or interior?)

I am not sure if windows replacements or garage door removal/installation will be issued as exterior or interior work. 

Please notify me so I can add or remove quote to exterior work. 

Case 0:22-cv-61423-RS Document 1 Entered on FLSD Docket 07/29/2022 Page 42 of 42