Estates at Acqualina: Suffolk Construction files lawsuit against developer A3 Development, LLC and affiliated companies

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Aqualina Estates rendering

Legal and payment problems continue to plague the $1.8 billion Estates at Acqualina project in Sunny Isles Beach.

General contractor Suffolk Construction Company Inc. has filed a lawsuit alleging breach of contract and breach of good-faith and fair-dealing against developer A3 Development, LLC alongside three affiliated companies, Levelset.com reports, citing court filings.

The “a luxury high-rise condominium comprised of a South Tower, North Tower, Villa, Beach-Side Amenities, Guest Suites and Cabanas, and Restaurant” broke ground about four years ago. The main issue in litigation is reportedly nonpayment, “though, notably, the amount of nonpayment is not itself specified in the complaint,” according to Levelset.

The general contractor says in the court filings that it signed on as general contractor in July, 2020 for the project’s South Tower and related amenities and services. There is a separate agreement signed on the same day related to the property’s North Tower.

Reportedly, the South Tower has “sold out” and was to be completed by now (first quarter, 2022), with the North Tower to follow in the second quarter. “However, construction has hit a hitch that throws the development of the project into doubt, as official statements have yet to clarify whether the dispute has changed these schedules,” Levelset says.

“Suffolk Construction is claiming that the agreements focused on both the South Tower and the North Tower were breached by A3 Development. As per the complaint, A3 Development “(interfered) with (Suffolk Construction’s) performance of the contract work, which interference impacted and delayed (its) performance causing (it) to incur additional costs.”

The project originally broke ground in May 2018 and was to have been completed by 2020.

“However, payment problems held that initial date back — and actually resulted in Suffolk Construction replacing the project’s original general contractor,” Levelset reported. “In October 2020, former project general contractor Coastal Construction of South Florida, Inc. filed three unpaid work claims with the Miami-Dade County clerk’s office, alleging $1.9 million in nonpayment.”

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