Boca Raton Builder Lawsuit | Scott Kerner v. Marc Elkman, Empire Development Holdings, Chris Beale & BealeConst

Case Background

The $12 Million Home That Wasn't Safe to Live In

⚠ Critical Finding

The Kerner family was forced to evacuate after the first significant rain caused water to flood in through windows, light bulbs, and air vents. Three independent engineering firms subsequently documented the full scope of the defects — finding live wires, crumbling concrete, broken trusses, and leaking gas lines. The family has been displaced from their home for more than one year while code violations and life-safety defects are remediated — at an estimated additional cost of several million dollars beyond the original $12M+ purchase price.

Scott Kerner paid more than $12 million for a newly constructed waterfront villa at 561 Golden Harbor Drive, Boca Raton, Florida, built by Empire Development Holdings, LLC (developer, Marc Elkman, CEO) and Bealecon Construction, LLC (general contractor, Chris Beale, principal). The home was marketed as "rarified luxury."

Upon moving in, the Kerner family discovered the property was neither safe nor habitable. Three independent engineering firms documented dangerous conditions hidden behind walls, including live wires, crumbling concrete, broken trusses, and leaking gas lines.

The complaint, filed February 6, 2026 in the 15th Judicial Circuit, Palm Beach County, documents 18 categories of specific violations spanning water intrusion, structural defects, Florida Building Code violations, life-safety hazards, unlicensed engineering practice, invoice fraud, and fraudulent misrepresentation.

The alleged fraud was compounded by the discovery that Marc Elkman had, prior to the sale, made multiple materially false statements about Empire's track record, Bealecon's experience, and Chris Beale's engineering credentials — statements Elkman knew to be false at the time of the sale.

Source: Filed Complaint, Case No. 241213630, 15th Judicial Circuit Court, Palm Beach County (Feb. 6, 2026). Engineering reports: Summit Design & Forensics, Inc.; ECS Florida, LLC; Pistorino & Alam Consulting Engineers, Inc.; J.R. Inspection Services, Inc.

Count	Claim (Alleged)	Defendants
I	Breach of Contract	Empire
II	Florida Building Code Violations	Empire, Bealecon, Beale
III	Professional Negligence	Beale
IV	Negligent Retention	Empire
V	Negligence	Bealecon
VI	Fraudulent Inducement	Empire, Elkman
VII	Fraud — Doctored Invoices	Elkman
VIII	Civil Theft (Fla. Stat. §§ 812.014, 812.017)	Empire, Elkman

All counts are alleged as documented in the filed complaint. Allegations are unproven in a court of law.

Documented Violations

18 Alleged Violation Categories

Three independent engineering firms documented the following defect categories — each supported by photographic evidence filed as court exhibits in Case No. 241213630.

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Section A

Water Intrusion & Mold

Street-facing and water-facing windows — improper sizes, improperly sealed or installed
Balconies, finished decks, and eyebrows improperly pitched toward the building — lacking flashing
Balcony door thresholds below finished floor level; weep holes blocked
Electrical panels and outlets at or near floor level, exposed to water intrusion — Florida Building Code violation
Mold growth confirmed in multiple rooms, including children's bedrooms

⚠ Life Safety Concern — multiple rooms rendered uninhabitable

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Section B

Structural Defects

Concrete honeycombing and cracking along structural beams, slabs, and balconies
Exposed and rusting rebar — ongoing corrosion will progressively weaken structural capacity
Corroded metal column and window mullion at main staircase
Water intrusion at overhead beams throughout the property, including master bedroom
Structural column in kitchen above stove was cut to accommodate stove vent — compromising load capacity
Missing bolts in structural steel beams

⚠ Structural integrity failure — compromises load-bearing capacity of the $12M+ home

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Section C

Florida Building Code Violations

Electrical panels and outlets flush at floor level or lacking 3-foot minimum clearance — Florida Building Code violation
Roof trusses broken to pass vents and wires — structural and code violation
Gas lines installed without signed and sealed gas drawings
Circuit breakers missing breaker blanks and arc fault interrupters
Ductwork improperly compressed in trusses — improper ventilation and condensation risk
Mechanical equipment on roof not anchored to structural elements
Roof membrane bubbling, separating from parapet wall, and missing cap metal

Statutory basis: Fla. Stat. § 553.84 — private cause of action

⚡

Section D

Life Safety Hazards — Gas & Electrical

Gas line behind kitchen wall left unprotected — pierced by drywall nail, causing active gas leak
Gas lines installed throughout home without any professionally signed and sealed gas drawings
Steam generator installed immediately adjacent to gas cooking equipment — fire hazard
Live electrical junction box adjacent to gas connection left exposed — fire/explosion hazard
Abandoned exposed live wires in and above soffit — electrocution risk
Unterminated and energized wiring left exposed above the home's main entrance

⚠ Imminent danger — active risk of fire, explosion, or electrocution documented by forensic engineers

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Section E

Alleged Unlicensed Engineering Practice

Chris Beale — a structural engineer only — signed and sealed ARCHITECTURAL drawings (not a licensed architect in Florida)
Signed and sealed MECHANICAL drawings — no technical training or experience in mechanical engineering
Signed and sealed ELECTRICAL drawings — no licensure in electrical engineering
Signed and sealed PLUMBING drawings — no licensure in plumbing engineering
Permitted construction of gas lines with NO signed and sealed gas drawings

Statutory basis: Fla. Stat. § 471.025(3) — unlicensed engineering seals

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Section F–G

Invoice Fraud & Fraudulent Misrepresentation

11 separate doctored invoices — line-item costs alleged to have been inflated by "many multiples"
More than $140,000 alleged to have been extracted from Mr. Kerner through falsified receipts
Elkman took a personal tour of three homes, claiming Empire built them — none were developed by Empire
Elkman claimed Bealecon had a track record of luxury homes — alleged to be unsubstantiated
Elkman claimed Beale was a lead engineer on the Seminole Hard Rock Hotel & Casino — alleged to be false

Treble damages sought under Civil Theft Statute (Fla. Stat. § 772.11)

Court-Filed Evidence

Photographic Evidence Gallery

The following photographs were documented by three independent engineering firms and filed as exhibits in Case No. 241213630. All images are public record.

Fig. 1

Water leaking from light fixture and AC diffuser — laundry room

Fig. 2

Water spouting from window frame — main staircase (after screw removal)

Fig. 3

Black mold growing on drywall — daughter's room

Fig. 4

Water damage to children's rooms via window intrusion

Fig. 5

Tarp covering entire living room during remediation

Fig. 6

Industrial dehumidifiers and tarp deployed in child's room

Fig. 7

Crumbling concrete over exposed rusting rebar

Fig. 8

Honeycombing concrete on balcony slab — exposed rusting rebar

Fig. 9

Corroded metal column and window mullion at main staircase with extensive water intrusion

Fig. 10

Water intrusion at overhead structural beam — master bedroom

Fig. 11

Kitchen air vent penetrating structural reinforced concrete column — critical code violation

Fig. 12

Missing bolts in structural steel beams

Fig. 13

Broken roof trusses — trusses cut to pass vents and wires

Fig. 14

Hole drilled through HVAC air duct during light fixture installation

Fig. 15

Holes drilled through balcony slab to drain ponding water — structural compromise

Fig. 16

Screw hole through unprotected gas line — active gas leak

Fig. 17

Steam generator behind gas cooking equipment — fire hazard

Fig. 18

Unterminated, energized wiring left exposed above home's main entrance

Fig. E-1

Architectural Drawing Seal — applied by Chris Beale (structural engineer only)

Fig. E-2

Mechanical Drawing Seal — applied without MEP licensure

Fig. E-3

Electrical Drawing Seal — applied without electrical engineering licensure

Fig. E-4

Plumbing Drawing Seal — applied without plumbing engineering licensure

Fig. E-5

Structural Drawing Seal — for work Beale did not personally design (designs prepared by others)

All photographs are exhibits to the filed complaint, Case No. 241213630, documented by Summit Design & Forensics, Inc.; ECS Florida, LLC; Pistorino & Alam Consulting Engineers, Inc.; and J.R. Inspection Services, Inc.

Named in Complaint

Defendants

The following individuals and entities are named as defendants in Case No. 241213630. All allegations are unproven in a court of law.

ME

Marc Elkman

Individual — Founder & CEO, Empire

Invoice Fraud Fraudulent Inducement Civil Theft

Alleged to have submitted 11 doctored invoices extracting $140,000+ and made materially false statements inducing the $12M+ sale.

ED

Empire Development Holdings, LLC

Florida LLC — Developer & Seller

Breach of Contract Building Code Violations Negligent Retention Civil Theft

Alleged primary contractor/developer entity. Alleged to have retained Beale despite knowledge he lacked required licenses.

CB

Chris Beale

Individual — Engineer of Record

Professional Negligence Unlicensed Practice

Structural engineer alleged to have signed and sealed architectural, mechanical, electrical, and plumbing drawings without the required licenses — in alleged violation of Fla. Stat. § 471.025(3).

BC

BealeConst Construction, LLC

Florida LLC — General Contractor

Negligence Building Code Violations

Alleged general contractor entity responsible for construction execution. Named in Florida Building Code violation claims (Count II) and general negligence (Count V).

Download the Full Evidence Dossier

The 561 Golden Harbor Drive Dossier contains the complete violation documentation — all 18 violation categories, photographic evidence, engineering findings, and invoice fraud analysis — prepared for regulators, attorneys, and journalists.

📄 16-page PDF | Prepared for informational and fraud-reporting purposes | Case No. 241213630

⬇ Download Dossier PDF

Free. No sign-up required.

Take Action

Report to Regulatory Authorities

If you have relevant information or have had dealings with the defendant entities, the following agencies accept public complaints. Reference Case No. 241213630 and attach the dossier PDF.

Florida DBPR

File a contractor license complaint against Empire Development Holdings and/or BealeConst. Reference Case No. 241213630 and attach the PDF dossier.

File at myfloridalicense.com →

Florida Board of Professional Engineers (FBPE)

File a complaint against Chris Beale for alleged unlicensed engineering seals on architectural, mechanical, electrical, and plumbing drawings. Cite § 471.025(3), Fla. Stat.

File at fbpe.org →

Palm Beach County Code Enforcement

Report building code violations. Reference address: 561 Golden Harbor Drive, Boca Raton, FL 33432.

File at pbcgov.org →

Florida Attorney General — Consumer Protection

File a consumer fraud complaint. Reference invoice fraud and Fla. Stat. § 812.017 (use of fraudulently obtained/false receipt).

File at myfloridalegal.com →

Better Business Bureau (BBB)

File a BBB complaint against the contractor entities. Public-facing and indexed by Google — creates a searchable public record.

File at bbb.org →

Angi / HomeAdvisor

Contact Angi to flag or remove contractor listings for entities under active fraud litigation.

Contact Angi →

Blueprint of Deception "What's Behind the Wall?"