By Pat Beall
Palm Beach Post Staff Writer
Updated: 12:47 p.m. Sunday, Aug. 7, 2011
Posted: 10:36 a.m. Sunday, Aug. 7, 2011
Once a local powerhouse, Dan Catalfumo's
construction empire is fading rapidly.
Banks are breathing down Catalfumo's
neck, a consequence of the real estate recession:
His holdings have been slammed in the past two years
by lender suits seeking $100 million-plus, several
of them naming the highflying multimillionaire
builder personally.
Longtime employees have left, and
sources close to the developer say the company is
down to fewer than 50 full-time workers, a far cry
from the reported 300-worker, $300 million
enterprise of a few years ago.
Catalfumo is hardly the only local
builder to stumble over a tanking real estate
market. But he was among the biggest in South
Florida, and he is almost certainly the most
controversial. With his rags-to-riches success
story, his well-known penchant for lawsuits and
sometimes lurid court battles with ex-girlfriends,
Catalfumo always has cut a larger-than-life profile.
"You rise hard and fast, you fall
hard and fast," said one industry observer. Still,
he added, " it's kind of amazing" that Catalfumo has
dropped off the industry radar so quickly.
Catalfumo stops short of confirming
the actual number of employees now on the payroll
but, in written responses to The Post, says
reductions in staffing kept the company from the
fate of builders such as Tousa Inc.: bankruptcy
court.
"If you do not react to the reality
and reinvent your business to match the market
conditions, you are as doomed as a dinosaur," he
wrote.
Catalfumo is launching new ventures,
but they are far removed from building: a chicken
deboning business - EZ Wings - and a recreational
scooter business with his children that faces a
54-page lawsuit.
Efforts to reinvent himself come as
he faces other symptoms of financial stress.
Catalfumo returned his Viking yacht to a lender. The
Daniel S. Catalfumo Family Foundation, which
received more than a $200,000 contribution from
Catalfumo-related enterprises in 2007 and 2008,
received $19,880 in 2009 contributions.
The Paragon Foundation, a local
economic development nonprofit to which a Catalfumo
company pledged $250,000, says it has not received
any money. "The reason they have given is they don't
have the money," said a lawyer for the group.
Catalfumo, meanwhile, is building a
lakeside home near Greenville, S.C., but said he has
no intention of leaving Palm Beach County - or
getting out of the local construction business.
"Building is in my blood," he wrote, "and it is my
passion to build things and when the market returns
to health I fully expect to be involved as I have
been in the past."
His way
Dan Catalfumo has always done it his
way.
On the last day of school of his
senior year at Forest Hill High School, the Brooklyn
native rode a motorcycle through the hallways and
spent months in traction after slamming into a car
in the parking lot. "He could have killed any number
of people," teacher George Wood recalled in 2003.
Working after high school in Danny's
Shoe Repair, his father's longtime business,
Catalfumo figured he could build his own two-story
house. He went shopping at Sears and returned home
with a saw, hammers and a tool belt. He did well
enough to quit the cobbler business in 1978 to build
houses full time; his own home was used as a model
for customers to peruse.
From there he moved into commercial
real estate. Again, he did it his way: Despite his
sprawling construction and development interests,
records show he's never been a state-licensed
general contractor.
That didn't bar him from plum
building deals. West Palm Beach's new city hall,
library and waterfront; Legacy Place in Palm Beach
Gardens; the Port of Palm Beach cruise terminal; a
Palm Beach County government building at Vista
Center: All made it into the portfolio of Catalfumo
companies.
The real coup came in 1999, when
Catalfumo spent an estimated $41 million for 231
acres of prime undeveloped land owned by the John D.
and Catherine T. MacArthur Foundation. That includes
high-profile acreage at PGA Boulevard and Interstate
95 near The Gardens Mall, some of it now home to
Catalfumo headquarters, and chunks of it involved in
lender lawsuits.
Heading for court
But if the deals fell smoothly into
place, business relationships haven't always
followed suit.
Take Stephen Fisher. In 2001, Fisher
sold his Fisher-Clark Construction to Catalfumo
Construction & Development. Fisher, named
Catalfumo's senior vice president, eventually left.
Catalfumo responded by filing five lawsuits against
him. At one point, Catalfumo Construction filed a
legal action seeking to make sure four construction
companies and four men - three of them former
Catalfumo employees - never received any kind of
work on Catalfumo's prime northern properties, even
if Catalfumo sold the land.
Then there were the
girlfriends.
In 1997, he sued Barbie Catalfumo,
whom he would later marry, for the return of a
5.3-carat diamond engagement ring. He was arrested
following a fight with her; misdemeanor battery
charges were dropped. He later sued ex-fiancée
Franchezka Niewiadomski for the return of a $22,000
engagement ring. She returned it. Another girlfriend
accused him of beating her; no charges were filed.
In 2001, he sued Sandy McKenzie for the return of a
$95,000 engagement ring. He won that ring back, too.
In 2003, he was arrested in an
alleged fight with then-fiancée Heather Hill.
Catalfumo said Hill fell into a picture frame. He
was acquitted on aggravated battery and felony
battery charges. Hill, who needed 53 stitches and
five scalp staples, dropped a civil lawsuit against
her former fiancé following a sealed settlement
deal.
A crop of lawsuits
All of that was behind him by July
2009, when the legal focus started turning to loans.
Today, even by slumping commercial real estate
standards, the crop of lender lawsuits is
breathtaking: a $30 million Bank of America-filed
foreclosure on one side of PGA Boulevard; a $32.5
million Seacoast National Bank judgment and
foreclosure on the opposite side of the street;
$48.5 million sought by BankAtlantic in four suits;
another $8.7 million sought by Iberiabank. The seven
lawsuits name Catalfumo individually, putting his
personal assets at risk.
And he does have assets, according to
court records: boats; two convertible
Mercedes-Benzes worth $133,000; two Harley-Davidson
motorcycles ; part interest in a jet. His
five-bedroom waterfront home is valued at more than
$3.8 million. But that pales compared with the
millions being sought by banks from Stuart to
Louisiana.
Seacoast has pursued him into every
nook and cranny of his finances to satisfy its
judgment, including looking for assets that could be
tucked away overseas, a notion the bank emphasizes
in italics and boldface lettering on its court
documents. The search extends to retirement funds
and information on credit card statements, canceled
checks and financial dealings of intertwined
corporations and partnerships.
Perhaps most important to creditors,
Catalfumo has land: Corporations linked to him own
those two MacArthur parcels on both sides of the
highly visible intersection of PGA and I-95 in Palm
Beach Gardens. Seacoast moved to seize a portion of
the land by filing a foreclosure.
But Catalfumo may come out from under
the $32.5 million judgment: Florida Power & Light
has bought most of the undeveloped parcel once owned
by Catalfumo's PGA North II of Florida for $24
million, just shy of Seacoast's original $25 million
loan. Seacoast National Bank President Jean
Strickland declined to comment on whether the bank
will pursue Catalfumo for the remainder of the
judgment.
$100 million setback
Another come-from-behind deal is
believed to have netted Catalfumo $25 million: last
year's bulk sale of unsold luxury condos at 2700 N.
Ocean Blvd. in Riviera Beach, twin resort towers
developed and built by Catalfumo.
Given the upscale condos' sluggish
sales, that would seem to be a real estate coup. But
he might have received much more early on. That's
because pre-construction, during the real estate
boom, developers were interested in buying the
property as soon as a resort condominium was
permitted. By some estimates, that would have put
$50 million or more into Catalfumo's pocket.
Catalfumo went his own way, though,
sources said, determined to develop the building
himself and sell condos in what was a white-hot
condo market. He poured tens of millions of his own
money into the luxury development, the sources said.
The result was a stunningly
beautiful building on the Singer Island
oceanfront - and by 2007, when the market
stalled, lawsuits to recoup deposits as
prospective buyers tried to walk away from their
purchases and new buyers failed to materialize.
It was a $100 million blow.
"The 160-plus buyers turned into
over 100 defaulting buyer lawsuits instead of
closings for in excess of $100 million,"
Catalfumo told The Post.
Despite the slew of troubles, few
are counting Catalfumo out. "I don't think
anybody really cares " about the cluster of
lender lawsuits, said Neil Merin, chairman of
the West Palm Beach commercial real estate
investment firm Merin Hunter Codman Inc. "We
just know this is how Dan does business. When
times are good, he's here ; when times are bad,
he's gone."
And Catalfumo has come from
behind before. He managed his way out from under
a cluster of foreclosures in 1998. He has a $10
million county library contract. A deal with
BankAtlantic may be in the offing. And he has
his attitude: Fresh from a 2001 lawsuit victory,
Catalfumo once exulted, "I always win."
Staff researchers Niels Heimeriks
and Michelle Quigley contributed to this story.
Lender woes
Banks are pursuing Dan Catalfumo
for millions:
Lender Amount sought
BankAtlantic $48.5 million
Bank of America $30 million
Seacoast National Bank $32.5
million *
Iberiabank $8.7 million
* Judgment. May be resolved
through $24 million property sale.
Sources: Palm Beach County
Circuit Court, Broward County Circuit Court