Pryor Cashman Represents Owners of Luxury Resort in the Bahamas in Suit Against Ritz-Carlton Hotel Company
A group of owners at The Abaco Club on Winding Bay in The Bahamas, represented by Pryor Cashman, filed a lawsuit against Marriott Vacations Worldwide Corporation, The Ritz-Carlton Hotel Company, and related entities for failure to develop and maintain the high-end luxury vacation destination per their contractual obligations, and for abandoning the property.
The Club owners' claims include breach of contract, breach of fiduciary duty, and fraud for alleged failure to own and operate the Club at contractually required levels, as well as failure to extend a right of first offer to Club owners in connection with Marriott's plans to sell the property.
The Club owners allege in the suit that Marriott Vacations and Ritz-Carlton have failed to operate and maintain the Club at the first-class, five-star level, as well as to deliver the high-end amenities, including a golf course that would rank among the top 100 in the world. The suit further alleges that Marriott removed the Ritz-Carlton flag in early 2013 and listed the Club for sale on the public market, without first offering property to the Abaco owners, per the owners’ legitimate right of first offer.
Partner Todd E. Soloway, Chairman of Pryor Cashman's Real Estate Litigation Group, stated, "After numerous attempts to bring the serious development and maintenance issues to the attention of Ritz-Carlton and Marriott Vacations, our clients felt that legal action was the only course left available. The Abaco ownership group believes that Marriott Vacations and Ritz-Carlton misrepresented their commitment to the Abaco Club and allowed the Club to fall into a state that is not commensurate with this five-star property. These issues have put each homeowner's significant investment at risk."
Marriott Vacations Worldwide and Ritz-Carlton are facing similar allegations in litigation elsewhere.
The action was filed in the Florida Circuit Court of the Ninth Judicial Circuit in Orange and Osceola Counties in Orlando, where Marriott Vacations Worldwide is based.