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October 14, 2015

Kelley Kronenberg Partner Successfully Defends Builder in Construction Defect Lawsuit

Palm Beach jury rules in favor of Dreamstar Custom Homes; awards company more than $750,000 

Kelley Kronenberg partner Irwin Gilbert led the victorious defense of Palm Beach Gardens-based builder Dreamstar Custom Homes and company president Brett Handler in a Palm Beach Circuit Court lawsuit filed by a Wellington resident.

On Friday, Oct. 9, a Palm Beach Circuit jury unanimously ruled in favor of Dreamstar and Handler and awarded the company more than $750,000 in damages. Gilbert anticipates that the amount of attorney fees to be awarded to the company will be determined in the next two months. At that point, the total award is expected to significantly exceed $1 million.

Marcia Radosevich had sued Dreamstar and Handler in 2009 for alleged construction defects, breach of contract, fraud and other claims. She sought more than $500,000 in damages in her seven-count complaint.

Radosevich hired Dreamstar to construct a 7,000-square-foot home, garage and equestrian barn in 2008 and terminated the contract the following year. After Radosevich’s lawsuit was filed, Dreamstar and Handler filed a countersuit claiming Radosevich breached the contract by failing to make required payments and improperly ending the agreement.

The jury found no construction defects and agreed that Radosevich improperly terminated the contract.

“Dreamstar has a strong reputation in the construction industry and consistently delivers top-notch custom homes to its customers,” said Gilbert, who is based in Kelley Kronenberg’s West Palm Beach office.

Gilbert served as lead counsel in the case and was assisted during trial by attorney James Mintz. The firm’s Robert Weinberger and Sayed Zonaid also helped Gilbert and his team throughout the lengthy case.

“We are thrilled that the jury agreed with our argument that the claims against Dreamstar were meritless and that our client was truly the damaged party,” Gilbert said. “With this project, Dreamstar fulfilled all of its contractual work requirements until it was prevented from returning to the property” by Radosevich.

Dreamstar is a full-service firm with in-house architectural and design capabilities. It specializes in country club and waterfront community custom homes in northern Palm Beach County.