Miami Couple Wins $139K in Roofing Negligence Lawsuit
Table of Contents
Overview of the Agreement
Christopher and Jennifer McShane owned a home in Miami. They hired Elite Innovation Construction to replace their roof. The contractor agreed to supply all labor and materials and to comply with building permits. The McShanes paid in full. Despite that, the roofing permit remained open.
What Went Wrong
Elite Innovation claimed the project was complete. But soon after, the roof began to leak. Further inspection revealed that the work was incomplete and improperly done. It failed to meet industry standards and violated permit terms. The McShanes notified the contractor and its insurer. Though Elite promised repairs, it abandoned the project and ceased communication.
Consequences for the Homeowners
The leaking roof caused water damage to the home’s interior. Mold concerns emerged. The McShanes lost use of parts of their home and felt unsafe living there. Their peace, comfort, and health were affected.
Financial and Personal Losses
The couple incurred costs for damage assessments, temporary fixes, and other related expenses. Their home’s value dropped. They also faced the emotional toll of unsafe and stressful living conditions. These losses continued to grow.
Key Arguments and Proceedings
Parties
Plaintiffs: Christopher McShane | Jennifer McShane
Defendant: Elite Innovation Construction Inc.
Allegations Against the Contractor
The McShanes brought a negligence claim against Elite Innovation Construction. They accused the company of poor workmanship, lack of supervision, and failure to follow codes. They sought damages exceeding $50,000, plus interest and any further relief allowed by law.
Motion for Default
Christopher and Jennifer McShane filed a complaint against Elite Innovation Construction, Inc. on March 11, 2023. The Defendant was served on April 4, 2023, as confirmed by the Return of Service.
Despite proper service, the Defendant failed to appear, respond, or file any pleading. The company also made no request for an extension. The required response time passed without action.
Plaintiffs moved for a default under Florida Rule of Civil Procedure 1.500(a), stating the Defendant failed to defend as required by law. They requested the court enter a default and grant further relief as appropriate.
Jury Verdict
On December 12, 2024, in the Circuit Court of the 11th Judicial Circuit in Miami-Dade County, Florida, a jury rendered a verdict in favor of Plaintiffs Christopher McShane and Jennifer McShane against Defendant Elite Innovation Construction, Inc. The jury awarded total damages of approximately $139,818.87. This included $18,451.70 for the removal and replacement of the defective roof, $113,867.17 for property damage caused by the Defendant’s negligence, and $7,500 for expenses related to the plaintiffs’ loss of use and displacement during repairs.