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The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete balcony railings with new railings featuring aluminum and glass. The contractor on the project, Poma Construction (Poma), entered into a subcontract with Windsor Metal Specialties (Windsor), under which Windsor agreed to paint the new aluminum railings.
Two years after the work was completed, the owner sued Poma and Windsor in Florida state court, alleging that the railings were defective and required replacement. In addition to replacing the railing system, the owner alleged that Windsor’s defective paint finish damaged other surrounding property, including railing post pockets and the concrete balcony slabs.