Viera Builders Lawsuit: A Tale of Two Cases


If you’re a homeowner in Viera, Florida, or considering building a home there, you’ve likely heard whispers of the “Viera Builders Lawsuit.” But what exactly is this lawsuit? Buckle up, as we delve into this complex case with two distinct narratives.

Case 1: A Question of Drainage and Disclosure

In 2021, four Viera East homeowners filed a lawsuit against the Viera East Community Development District (VECDD) and Viera Builders. Their claim? Inadequate drainage and lack of proper disclosure about potential flooding issues. The homeowners argued that their homes were built on low-lying land with insufficient drainage, causing water to pool around their properties after heavy rains. They alleged the VECDD and Viera Builders knew about these drainage problems but failed to disclose them to potential buyers.

This case highlights the crucial role of transparency in the construction industry. Homebuyers deserve accurate information about potential issues affecting their property, especially those related to drainage and flooding. The outcome of this case could have far-reaching implications for both developers and homeowners in Viera.

Case 2: Allegations of Fraud and Unfulfilled Promises

A separate but equally concerning case emerged in 2023. Christopher and Anthony Simms, owners of CDS Builders, formerly known as Simms Builders, were arrested for allegedly defrauding clients of over $300,000. The brothers are accused of misappropriating funds meant for construction projects, using them for unrelated expenses instead.

One particularly disturbing example involved the Mays family, who entrusted CDS Builders with their dream home project. Unfortunately, the brothers allegedly diverted funds meant for their construction, leaving the Mays with an unfinished house and a hefty financial burden.

This case raises serious questions about accountability and ethical conduct within the construction industry. It underscores the importance of thorough research and due diligence when choosing a builder.

Where Do We Go From Here?

These two lawsuits highlight the potential risks associated with building a home in Viera. However, it’s important to remember that these are isolated cases and shouldn’t deter everyone from pursuing their dream of living in this vibrant community.

For those considering building in Viera, conducting thorough research, choosing a reputable builder, and clearly outlining expectations in written contracts are essential. Staying informed about ongoing legal issues can also help homeowners make informed decisions about their homes.

Ultimately, the Viera Builders lawsuit serves as a cautionary tale, reminding us of the importance of transparency, accountability, and responsible practices within the construction industry. By remaining vigilant and informed, homeowners and builders can work together to create a safe and thriving community.


  1. Is the Viera Builders lawsuit still ongoing?

Yes, both lawsuits are ongoing as of December 7, 2023.

  1. What are the potential consequences for the defendants in the lawsuit?

The defendants in both lawsuits face potential financial penalties and reputational damage. In the case of CDS Builders, Christopher and Anthony Simms could face prison sentences if convicted of organized fraud.

  1. How can homeowners protect themselves from similar situations?

Homeowners can protect themselves by conducting thorough research on potential builders, checking their licenses and references, and carefully reviewing contracts before signing.

  1. What resources are available to homeowners in Viera who believe they have been wronged?

Homeowners can contact the Florida Department of Business and Professional Regulation to file complaints against builders and the Brevard County Clerk of Court for information about ongoing legal cases.

  1. What is the future outlook for the construction industry in Viera?

Despite these lawsuits, the construction industry in Viera is expected to continue growing. Increased demand for housing and a strong local economy are driving this growth.

  1. What role can the community play in ensuring ethical practices within the construction industry?

The community can play a vital role by holding builders accountable, speaking up about concerns, and supporting businesses with a strong track record of ethical conduct.


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