Pursiano Secures Massive $26.5 Million Settlement Against Developer of Luxury Winter Park Townhome Community

Leading Construction Defect Firm Holds Hill/Gray Seven, L.L.C. Accountable for Severe Design and Construction Defects at Exclusive Park Hill

WINTER PARK, Fla.--(BUSINESS WIRE)--Pursiano, a leading Florida Construction Defect Trial Law Firm, successfully secures a landmark $26.5 million settlement on behalf of the Park Hill Owners Association, an exclusive 10-unit luxury townhome community located on prestigious Park Avenue in Winter Park, Florida.

The case against Hill/Gray Seven, L.L.C., and its designers and general contractors, addressed extensive, widespread design and construction defects across the multi-million-dollar property. Notably, the $26.5 million settlement significantly exceeds the community’s original development cost of approximately $15 million when completed in 2019, demonstrating the high cost of construction defect reconstruction compared to initial, new construction. With only ten ultra-luxury residences in the community, the settlement yielded an exceptionally high recovery per home, well beyond what is typical in construction defect cases.

Rigorous Forensic Testing Reveals Pervasive Construction Failures

Completed in November 2019, the Park Hill community was marketed as an exclusive, luxury residential enclave. By 2021, however, residents began noticing subtle issues with their homes, including elevated interior humidity, localized condensation, and early signs of water intrusion in some units. Despite the serious nature of these warning signs, early assessments by the Developer’s design and construction team minimized the problems, mischaracterizing them as minor issues that could be easily resolved.

When the community hired Pursiano in 2022, the team understood the significance of these subtle warning signs and began a comprehensive evaluation of the entire community. Partners Rob Simon, Jason Bruce, and Andrew Celauro led the on-site investigations alongside their industry leading team of forensic architects, engineers, and building scientists, assembled by the firm over decades in construction defect litigation. Following this technical investigation, Pursiano filed the lawsuit in 2023.

The forensic investigation uncovered comprehensive failures across the property. Technical evidence indicated that fundamental errors occurred within virtually every exterior component of the development. The complex architecture and intricate combination of specialized exterior finishes compounded these deficiencies, creating critical, interrelated failures that the firm categorized into three primary systems.

• Stone and Masonry Veneer Defects: Forensic analysis revealed widespread failure of the attachment of the heavy manufactured stone veneer panels, posing a life-safety issue for residents and visitors. Rather than executing a complete replacement of the failing stone during development, the developer opted for localized repairs, drilling mechanical anchors through the center of the panels to stabilize the facade. This approach ultimately pierced and compromised the underlying water resistive barrier, creating a water intrusion defect across the property's exterior envelope, while failing to adequately solve the adhesion problem.
• Building Waterproofing Failures: The community’s building waterproofing and window waterproofing installations were defectively installed or incomplete, leading to widespread water intrusion across all ten units.
• HVAC Design and Installation Defects: The installation of incorrectly sized HVAC systems and duct work anomalies caused severe interior climate imbalances and unmanaged humidity, necessitating mold remediation within ceiling cavities.

"Witnessing design failures of this magnitude across multiple building systems was deeply concerning," said Jason Bruce, partner at Pursiano. "This was a pervasive breakdown where a basic patch or superficial repair was never a viable or responsible option. Every major component required a deep, data-driven investigation to ensure we secured a recovery that fully reflects the true financial scope of a total exterior rebuild."

Managing this on-site forensic investigation and the resulting evidence, the Pursiano team successfully leveraged the technical data to secure a conclusive, high-value outcome.

A Relentless Strategy Built on Incontestable Forensic Evidence

While many construction defect cases are managed through limited engineering reports and passive file reviews, Pursiano’s success is anchored by an aggressive approach to evidence generation. “Our primary strategy centers on working side-by-side with engineering and architectural experts in the field, ensuring that the forensic evidence developed during discovery is factually and legally substantiated. This rigorous formula allows for a jury presentation focused on the important and serious defect issues that maximize our client’s recovery,” says partner Rob Simon.

Navigating the complexities of Florida's strict statutory limitations on construction defect claims, the firm’s relentless advocacy allowed the team to sustain a highly complex, multi-front legal strategy. Pursiano successfully managed five additional related, concurrent lawsuits and navigated intense defenses from 28 named defendants and more than 45 law firms to achieve a maximized financial recovery for the Park Hill Owners Association.

“We are proud to have secured the recovery necessary to fund a complete reconstruction, not only protecting our clients' significant financial investments but successfully bringing an end to years of stressful uncertainty for these homeowners," said Rob Simon, partner at Pursiano. "From the exterior, Park Hill appears to be an immaculate, high-end development, but our forensic testing revealed profound, systemic issues hidden in plain sight. Where others minimized these early warning signs, our firm committed the financial resources, technical expertise, and legal stamina required to fully investigate and successfully resolve the matter.”

A Restored Community and Homeowner Relief

For the residents who lived through the multi-year structural crisis, the resolution represents a critical turning point for the property.

“Understanding that our association’s claim required the highest level of specialized legal advocacy, the community retained the Pursiano law firm,” said Mark C. Filburn, Park Hill Association President and homeowner. “The team at Pursiano was always responsive, handling our case with the highest degree of professionalism and an authentic concern that eased our stress through a very complex process. Resolving our claims with a settlement that fully funds the complete reconstruction of our homes exactly as they were originally intended brought immense relief to all of us.”

About Pursiano

Pursiano is a nationally recognized construction defect trial law firm dedicated to protecting homeowners, condominium associations, homeowner associations, and commercial property owners from the financial consequences of faulty design and construction. With more than 150 years of combined legal experience, Pursiano merges legal advocacy, advanced technology, and industry-leading expertise to help property owners maximize their recovery and protect their investments. Pursiano works alongside a nationwide network of architects, engineers, building scientists, and statistical experts to identify defects, quantify damages, and build trial-ready cases. The firm's strategic approach has helped clients recover more than half a billion dollars in settlements and recoveries. From single-family homes and condominium communities to large-scale multifamily and commercial properties, Pursiano represents clients throughout the West, Southwest, and Southeast United States. In addition to construction defect litigation, the firm provides comprehensive counsel to community associations on governance, turnover, developer disputes, amendments, and operational matters. For more information, visit pursiano.com.