BOCA RATON, FL — A general contractor has filed a $24 million construction lien foreclosure lawsuit against the developer and lenders behind the Via Mizner III condominium project in downtown Boca Raton, alleging construction loan payments were cut off without notice, according to a complaint filed in Palm Beach County Circuit Court.
Strategic Group Builders, LLC, a Florida licensed general contractor, filed the complaint on July 6, 2026, in the 15th Judicial Circuit Court in and for Palm Beach County. The case, Strategic Group Builders, LLC v. VIA Mizner Owner III, LLC, et al., is docketed as Case No. 502026CA007564XXXAMB and assigned to Division AD. Fort Lauderdale-based Soto Law Group, P.A. represents the plaintiff, along with co-counsel Michael E. Utley, P.C.
The lawsuit centers on the Via Mizner III condominium project at 105 East Camino Real in Boca Raton, according to the complaint. The filing names five defendants: VIA Mizner Owner III, LLC, described in the filing as the property owner; VIA Mizner Lender 1 LLC, described as the primary mortgagee of record and administrative agent for the construction loan; Athene Annuity and Life Company; Athene Annuity & Life Assurance Company of New York; and Athora Lux Invest NL.
According to the complaint, Strategic Group Builders and the property owner entered into a construction contract on May 2, 2025, under which the contractor agreed to complete the condominium project, including units, amenities, and common areas. The lawsuit alleges the property owner failed to pay for labor, services, and materials furnished, and that the nonpayment resulted from the lenders' decision to stop funding monthly progress payments without notice.
The filing states that Strategic Group Builders recorded a construction lien against the property on April 14, 2026, followed by an amended claim of lien on April 29, 2026, in the amount of $24,128,104.65. The complaint says the contractor furnished the first items on or about May 2, 2025, and the last on or about April 7, 2026.
The complaint brings five counts. Count I seeks foreclosure of the construction lien under Chapter 713, Florida Statutes. Count II alleges breach of contract against the property owner. Count III alleges the lenders violated Section 713.3471, Florida Statutes, which requires construction lenders to provide written notice within five business days of a final decision to cease loan advances. Count IV alleges VIA Mizner Lender 1 LLC acted as the alter ego of the property owner. Count V, pled in the alternative, alleges unjust enrichment against the owner and lenders.
The lawsuit alleges the lender failed to respond to seven separate requests for payment submitted between February 4, 2026, and March 12, 2026, and did not fund the last four applications for payment submitted by the contractor. The filing says Strategic Group Builders executed a Final Contractor's Affidavit on or about May 6, 2026, and demobilized and ceased further performance prior to completion.
The complaint alleges VIA Mizner Lender 1 LLC exercised complete domination and control over the property owner in connection with the project. The filing identifies VIA Mizner Lender 1 LLC as an affiliate of Madison Realty Capital L.P. Madison Realty Capital is not named as a defendant in the lawsuit.
The lawsuit seeks compensatory damages in an amount not less than $24,128,104.65, plus interest, costs, attorneys' fees, and other recoverable damages. The plaintiff also asks the court to adjudicate the construction lien as superior to the mortgage on the property and, in default of payment, to order the property sold and the proceeds applied toward any judgment. Strategic Group Builders demands a jury trial on Counts III and IV.
Boca Post reviewed the complaint, Strategic Group Builders, LLC v. VIA Mizner Owner III, LLC, et al., Case No. 502026CA007564XXXAMB, filed July 6, 2026, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County. The filing reviewed by Boca Post does not include a response from the defendants. The allegations in the complaint have not been proven in court. Court records show the matter is newly filed and pending.
Boca Post reports regularly on civil filings in Palm Beach County courts. Readers can browse recent cases in our Boca Raton lawsuits coverage.
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