Seminole Tribe sues Lennar over 552 'defective' new houses across Florida
Published in Business News
Hundreds of homes built by the Miami-based Lennar Corporation on tribal land over the last five years are in such shoddy condition that no one can safely live in them, according to a lawsuit against the construction company filed by the Seminole Tribe of Florida.
The lawsuit was filed in March, but efforts to resolve the dispute between the Tribe and the builder through mediation have fallen apart, and the tribe filed an amended complaint last week spelling out defects in every one of the 552 homes, from roofs that need replacing to health-threatening mold accumulation.
“Tribal members have been constructively evicted from their houses due to unsafe living conditions arising from the design and construction-related defects in their dwellings,” the lawsuit states. “These victims suffer and continue to suffer every day as a direct result of Lennar’s actions.”
The homes are in Seminole land in Broward, Glades, Hendry, St. Lucie, Hillsborough, Lake and Collier counties.
The most recent homes built in Broward went up in 2023 and 2024, east of State Road 7 and a few blocks south of Stirling Road near Hollywood.
Attorneys for the tribe say they are done trying to negotiate with Lennar and are ready to trust the courts to resolve their dispute.
“Lennar spent the last six months, almost on a daily basis, tricking and deceiving the Tribe into falsely believing that Lennar had every intention of amicably resolving all of these very serious issues,” the attorneys wrote in an amended complaint filed Sept. 10. The complaint goes on to accuse Lennar of “hiding and concealing the full extent of their intentional misconduct and fraud.”
Lennar has moved to compel more arbitration to settle the dispute without taking the case to a jury.
“We take these concerns seriously and seek to work collaboratively with the Seminole Tribe to address them,” a company spokeswoman said in an e-mailed statement. “In that spirit, we have shared a comprehensive plan addressing the necessary repairs and enhancements, and expressed our readiness to move forward. Our goal is to ensure lasting satisfaction and confidence in the homes we build, and we are fully prepared to begin this work immediately.”
Earlier this year, a jury ordered Wells Fargo to pay the Seminole Tribe $826 million after the Tribe accused the bank of mismanaging a trust fund. That verdict is under appeal, but the attorneys representing the Tribe in that case are the same lawyers working for the Tribe against Lennar.
“The reports are staggering,” said William Scherer, lead attorney for the Tribe. “The homes are unlivable. Every single one of them has all kind of terrible construction defects. We’re talking air quality issues, mold; all the roofs have to be replaced. All of them!”
Lennar is also facing construction-quality lawsuits filed this year in Homestead and in Volusia County, unrelated to the Seminoles’ suit.
The company insists in court filings that both sides are bound by contract to take their dispute to arbitration before getting the courts involved.
“All of the Seminole Tribe of Florida’s claims are subject to the arbitration provision in the warranty agreement,” lawyers for the company wrote.
According to court records, the case is before Broward Circuit Judge David Haimes, who has not set a date to argue or decide Lennar’s motion to compel arbitration.
Scherer said the arbitration provision is being used to block a resolution to the complaints without addressing them.
“The Tribe engaged in good faith to give Lennar the opportunity to fix the problems. As time went on, more and more defects were discovered and reported, yet Lennar took no meaningful action,” Scherer said. “A year of inaction was simply too much for the Tribe and its residents to endure.”
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