The buyer of the Wynwood Annex in Wynwood alleges the developer’s “Band-Aid” repairs of the property created “dangerous conditions,” according to a new lawsuit filed against East End Capital.
An affiliate of Brick & Timber Collective sued East End affiliates EE 215 NW 24 Owner and W25 Owner, alleging failure to fix an expansion joint, despite committing to do the repairs to the Wynwood Annex, according to the complaint.
The suit, filed in Miami-Dade Circuit Court on Friday, brings claims for breach of contract against EE 215 and negligence against W25.
“The water intrusion is inconveniencing tenants who must duck to avoid being hit by water spray and step over extremely wet areas, endangering their safety and exposing my client to potential liability,” Brick & Timber’s attorney Steven Samilow told East End in a December letter attached to the complaint.
In 2022, Brick & Timber bought the eight-story building at 215 Northwest 24th Street in Miami for $49 million, as part of the San Francisco-based firm’s push into Wynwood offices at the time. The firm, led by founder Glenn Gilmore and partner Jesse Feldman, invests in commercial real estate, primarily office buildings.
Amid the out-of-state company rush into Miami in prior years, Wynwood earned a reputation as a magnet for the newcomer techies, with the Annex scoring some of that leasing.
During a May visit, the outdoor directory listed venture capital firms Atomic and Founders Fund as tenants, which originally leased space in 2021. Also listed were tech firm BlankFactor, entertainment firm Live Nation, law firm Orrick and medical AI firm OpenEvidence.
The seller, New York-based East End, led by Jonathon Yormak and David Peretz, developed the Annex along with the adjacent 10-story, 289-unit Wynwood 25 apartment building, at 240 Northwest 25th Street, completing them in 2019 and 2020, property records show.
The Pérez family’s Coconut Grove-based Related Group was a co-developer of the Annex and Wynwood 25, though the complaint makes no reference to the firm. Related declined to comment.
Brick & Timber and Samilow didn’t return requests for comment. East End’s Yormak declined to comment.
After Brick & Timber put the Annex under contract in 2021, its inspection showed an issue with the expansion joint close to the garage shared with Wynwood 25. East End vowed to fix at its own expense under an amendment to the purchase and sale agreement, according to the complaint. That joint is an intentional gap left in the concrete to give it some freedom to move as it expands without cracking or affecting adjoining buildings. The gap is usually filled with materials such as sealants to prevent water seepage, the complaint says.
East End hired crews who worked on the alleged problem through August 2024, and East End then said the expansion joint was fixed, according to the complaint.
But the repairs “amounted to a Band-Aid,” leading to water seepage into the basement and garage, and “unsightly staining,” with the rainy season exacerbating the problem, the suit says.
Brick & Timber is now left to cover cleanup costs, according to the complaint.
Brick & Timber’s retained consultant, San Francisco-based McGinnis Chen Associates, concluded in its report that the southside sealant expansion joint should be replaced and the one on the north side should be further examined to verify its integrity, according to the report, which is attached to the lawsuit.
Despite the report and requests for repairs, East End’s affiliates have refused to make the repairs, the suit alleges.
The Annex marked Brick & Timber’s debut in Wynwood in 2022. Brick & Timber then bought the three-story office and retail building at 2724 and 2734 Northwest First Avenue for $9 million, and also paid $62 million for the eight-story Cube Wynwd office property at 222 Northwest 24th Street that same year.
Read more
Wynwood’s tech office boom hits a short circuit
Crypto exchange backs out of Wynwood lease, igniting lawsuit over $273K commission
Peace out: Brick & Timber sues biotech firm for allegedly ditching Wynwood lease
Peter Thiel’s family office revealed as tenant signing pricey lease at 830 Brickell
