Boca Raton Family Sues Developers Over Defective $12M Home

Lawsuit alleges new construction was riddled with code violations and hidden defects.

Mar. 28, 2026 at 3:50pm

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A Boca Raton family has filed a lawsuit against a real estate developer, contractor, and structural engineer, claiming the $12 million home they purchased was riddled with major construction defects including flooding, crumbling concrete, broken trusses, leaking gas lines, and exposed live wires. The family was forced to flee the home shortly after moving in and is now seeking millions more to make the property livable.

Why it matters

This case highlights the risks homebuyers face when trusting high-end developers to deliver on promises of 'rarified luxury' construction. It also raises questions about oversight and accountability in the local building industry, as well as the legal rights of consumers when faced with shoddy workmanship.

The details

According to the lawsuit, the Kerner family entered a contract to build a new home at 561 Golden Harbor Drive in Boca Raton, paying over $12 million. However, the first rainstorm caused water to flood in through windows, light fixtures, and air vents. The home also suffered from crumbling concrete, broken trusses, leaking gas lines, and exposed live wires hidden behind drywall. The property was deemed unsafe and uninhabitable, forcing the family to find another place to live. The complaint also alleges the developer, Marc Elkman, doctored invoices to skim over $140,000 from the Kerners.

  • The Kerner family entered the $12 million construction contract in 2025.
  • The family moved into the new home in early 2026.
  • Shortly after moving in, the home's major defects were discovered.
  • The Kerner family filed the lawsuit in circuit court of Palm Beach County in March 2026.
  • The defendants have filed a motion to compel binding arbitration, which is currently pending.

The players

Scott Kerner

A Boca Raton resident who entered a $12 million contract to build a new home, which was later found to be defective.

Empire Development Holdings, LLC

The real estate development company that contracted to build the Kerner family's home.

Marc Elkman

A principal at Empire Development Holdings who is accused of doctoring invoices and skimming over $140,000 from the Kerner project.

Bealecon Construction

The contractor and structural engineering firm that built the Kerner family's defective home.

Berger Singerman

The law firm representing the Kerner family in the lawsuit.

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What they’re saying

“We must hold these developers accountable for the shoddy workmanship and blatant fraud that has left our clients without a safe and livable home.”

— Berger Singerman Attorney, Lawyer for the Kerner Family

What’s next

The judge will soon rule on the defendants' motion to compel binding arbitration, which could determine whether the case proceeds in court or is settled privately.

The takeaway

This case highlights the need for stronger consumer protections and building code enforcement in Boca Raton's luxury real estate market, where high-end developers have faced little accountability for delivering defective homes to unsuspecting buyers.