JACKSONVILLE, Fla. – The News4Jax I-TEAM continues to uncover more about the history of the Champlain Towers South condo building through documents newly-released by the town of Surfside.
The documents include permits for repairs made over the last 20 years, as well as permits from the original construction. They reveal that the condominium association hired companies around 2001 and in 2009 to do concrete restoration work on balconies, which included fixing cracks and painting.
The I-TEAM has also learned that in 1980, as the condo was first going up, work had to temporarily stop on the penthouse unit at the top.
In a letter dated Dec. 2 of that year, the acting town manager of Surfside ordered the builders of Champlain Towers South to immediately cease any further construction on the penthouse. The town attorney at the time wrote that there was a violation of the code of town of Surfside.
Nine days later, after the town council granted an exception, work was allowed to resume.
Notably, in May of the same year, the property owner requested the original permit be canceled because the contractor who was hired to complete the project resigned. The new contractor then applied for another permit.
The I-TEAM has also learned that the state agency that regulates contractor licenses imposed several fines on that new contractor in the 1980s -- after this project was completed. Three other investigations led to the voluntary relinquishment of his state contractor license in 1998.
The I-TEAM has asked the state for documents regarding all of these cases.
Its remains abundantly unclear what caused the 12-story building to collapse, resulting in the deaths of at least 16 people inside the condominium who were likely asleep.
What is clear, however, is that the original builder, architects and engineers are immune from any legal liability, according to construction and condominium attorney Barry Ansbacher.
“Under Florida law, which is very protective of the builders industry, there’s a short window where you can bring a claim,” Ansbacher said. “In general, you have four years from where you discovered there was issue, but even if it’s completely hidden and there’s a defective condition 10 years after the building is completed or the project is turned over, that’s the ending of the liability that the builder or design professionals may have.”
The state attorney in Miami plans to have a grand jury examine the condominium collapse.
Jacksonville attorney Gene Nichols, who is not associated with the case, says it could result in criminal charges and also give investigators the additional information they need.
“We know the grand juries have the ability to do investigations of situations, events, public officials in order to come back with a presentment or a report,” Nichols said. “So what you can expect is they can empanel a grand jury, and what that means, this group of individuals will be able to investigate on behalf of the Miami court system.”
Grand juries in Florida can return an indictment on criminal matters and explore issues of public policy. Legal experts say the grand jury’s finding will be helpful in recommending changes to lawmakers to ensure this doesn’t happen again.