US retirees sue J’can developer for US$465k over abandoned, shoddy construction project

An elderly, retired couple from the United States is suing a local developer and his two companies for approximately US$465,000 in special damages, claiming that they abandoned the construction of their retirement home in St Thomas, leaving it only six per cent complete and riddled with shoddy workmanship.

The couple, John Tomlin, 62, and Constance Tomlin, 57, filed a lawsuit against developer Andre Motta and his two companies, Master Core Limited and Dreams De La Island Limited, for breach of contract.

The Tomlins claim they paid over $64 million in November 2022 for what was supposed to be a 10-month project in Mezgar Gardens.

Motta is listed as the first defendant in the claim filed in the Supreme Court on July 2, with his two companies as the second and third defendants, respectively.

The claimants are seeking damages for negligence, including negligent execution of works, unjust enrichment, and interest at one per cent above their principal bank’s lending rate per annum, or another rate deemed just by the court under the Law Reform (Miscellaneous Provisions) Act.

The Tomlins argue that “sections of the work done by the defendants are defective and require demolition as they were varied in a manner not in keeping with the outlined specifications of the designers and statutory bodies”.

They claim they will have to incur additional costs to demolish and remove the faulty work.

The couple had intended to rent their overseas home upon completing their retirement home in April 2023 to defray their monthly mortgage expenses. However, due to the setback, they have had to remain in their home overseas, losing the opportunity to earn US$2,600 per month in rent.

UNCOOPERATIVE

According to court documents, the couple contacted Motta in April 2022 and discussed the construction of their retirement home. Motta reportedly presented himself as an experienced and competent contractor, furnishing the couple with an architecture and construction proposal, including the contract price and completion date.

The couple travelled to Jamaica in June 2022 after being invited by Motta, who convinced them to accept his proposal, leading to the signing of the architecture and construction agreement. However, problems began to arise after excavation work was completed in August 2022.

The court documents state that Motta “increasingly became unresponsive to texts and phone calls and failed to give an acceptable account or report on the progress of the works”. On several occasions, the claimants arranged site meetings with Motta to discuss the project’s progress, but he either failed to show up or did not notify them of any changes in the time or date.

The Tomlins claim that between June 2022 and April 2023, only two per cent of the work had been completed, prompting them to hire a project manager to oversee the construction contract. However, they allege that Motta was uncooperative and instructed his workers not to speak with the manager while preparing her progress reports.

The court documents further allege that the project manager observed that “the works executed/overseen by the first defendant were materially faulty, defective, and/or substandard”. These observations were supported by assessments made by consultant engineers from WholeWorks Services – Draughting & Building Technologists.

‘CLIENTS FROM HELL’

The faulty work included architectural and engineering deviations, poor workmanship, and an overall failure to adhere to the approved drawings and specifications supplied by the claimants. Some of the faulty work led to two stop orders issued by the project manager.

During the construction period, the claimants reportedly requested several meetings with Motta to address the inactivity at the site, poor communication, lack of reporting, and failure to address the faulty works. In one meeting, Motta promised to get a new work team and share his work schedule, but this was not done.

In December 2022, the Tomlins installed cameras at the site to monitor the work but observed that no work had taken place since. They informed Motta that his neglect had caused overgrowth of shrubbery and termite infestation, which needed urgent attention. Motta responded by assuring the couple that work would resume on January 3, 2023, but no work was done.

After failed attempts to resolve the issues through mediation, the Tomlins engaged the services of Nunes, Scholefield DeLeon & Co., to terminate the construction contract and seek appropriate redress. Attorney-at-law Mark Paul Cowan is representing the couple.

Motta, when contacted, denied the allegations in the claim, stating that it was the claimants who breached the construction contract by hiring a project manager who tried to stop the project multiple times.

“That third party pretty much ruined the project. I am not sure if they were trying to take over or steal the project, but they created false reports about the work, which caused weeks and months of back and forth,” Motta said.

He described the Tomlins as “clients from hell” who expected to control the project entirely.

Motta added that he has not yet seen the claim but will be defending it with his lawyer, Cedric Brown.

tanesha.mundle@gleanerjm.com