American Invesco purchased the Carlyle as a rental property and converted it to condominiums. In its offering, AI made written commitments to prospective owners regarding improvements, including improvements to the underground parking structure. The garage was a structural steel structure with precast concrete slabs which moved more than he building’s poured-in-place structural system. AI’s repairs to the garage were minimal and not in accordance with their representations in the condo declaration. The condo association sued to compel the developer’s performance.
Eberhard’s testimony supported the condo association and his picture graphically demonstrating the movement of the structure with his hands was a front page photo in the Cleveland Plain Dealer during the trial.
The developer, represented by Squire Sanders & Dempsey – now Squire Patton Boggs – capitulated and contributed additional funds to complete the full scope of repairs originally promised.