CSK Commercial Team
Miami Partners Cody German and Justin Schiff
Case Summary
This case involved a commercial landlord-tenant dispute concerning penthouse office space in Miami-Dade County, Florida. CSK represented the Plaintiff, a Miami-based healthcare company that leased an entire penthouse floor for executive offices and a call center. The Defendant was the developer and owner of the building.
After taking possession and completing a significant build-out, the Plaintiff began experiencing recurring water intrusion within the premises. Over time, these issues led to repeated remediation efforts, ongoing construction activity, and disruption to business operations. The Plaintiff ultimately filed suit asserting claims for breach of contract and breach of the covenant of quiet enjoyment, alleging that the persistent conditions interfered with its intended use of the space.
The matter involved multi-year litigation and culminated in a multi-day bench trial featuring fact witnesses, expert testimony, and extensive documentary, photographic, and video evidence.
Trial Strategy
The CSK Commercial Team focused on demonstrating that the water intrusion and related construction were not isolated incidents, but long-standing conditions that substantially interfered with the Plaintiff’s use of the premises. The trial presentation emphasized the nature, duration, and frequency of the disruptions, as well as their impact on the Plaintiff’s operations.
The team also addressed the Defendant’s lease-based defenses, challenging arguments that contractual provisions precluded recovery under the circumstances. While multiple claims were asserted, the strategy centered on legally supportable damages under Florida law, including loss of use and breach of the covenant of quiet enjoyment, rather than speculative theories.
Outcome
Following trial, the Court entered final judgment in favor of the Plaintiff on its breach of contract and breach of quiet enjoyment claims. The Court awarded $570,000 in damages as well as entitlement to the attorneys fees in favor of CSK’s client, finding that the Plaintiff established sustained disruption, loss of use, and out-of-pocket mitigation expenses resulting from the ongoing conditions.
The decision highlights that prolonged property conditions and remediation efforts can support meaningful loss-of-use damages in commercial lease disputes, even where a tenant continues operations and does not pursue lost profits.
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