PRISON FOR DEVELOPER

A Supreme Court judge has ordered the arrest of developer Andre De La Motta after he repeatedly defied court orders in a dispute with a retired American couple who paid more than $64 million to build their dream home in St Thomas but left the project largely unfinished.

Justice Althea Jarrett last month ruled that De La Motta be taken into custody and imprisoned for six weeks at the Tower Street Adult Correctional Centre, or another suitable facility, or until he purges his contempt of court.

The judge also granted summary judgment in favour of the claimants, John and Constance Tomlin, ordering De La Motta to repay $50,063,446.20 with five per cent interest from February 24, 2024, within 14 days.

The ruling, made on March 13 in De La Motta’s absence, followed a contempt application filed in September 2025 by the couple’s attorneys. A warrant has since been issued for his arrest, but efforts by the Kingston bailiff to locate him have been unsuccessful.

De La Motta is the first defendant in the claim, alongside his companies, Master Core Limited and Dreams De La Island Limited. The court struck out the defence and awarded summary judgment after finding no reasonable grounds to contest the claim.

Justice Jarrett also ordered that costs related to the application be agreed or taxed in favour of the claimants.

The decision follows earlier court orders, including a July 2025 preservation order freezing up to $30 million in assets held by De La Motta and his companies. The order barred them from transferring or disposing of assets or funds pending the outcome of the case.

In June 2025, the court also directed the defendants to provide a full accounting of how $64,166,500 paid by the Tomlins had been spent and to disclose any funds held locally or overseas. They were further ordered to pay $10 million into court, representing alleged overpayments based on a quantity surveyor’s report. Neither order was obeyed.

According to attorney Keren Campbell, attempts to serve court documents were unsuccessful. The couple does not know De La Motta’s home address, and efforts to locate his companies at their registered Kingston address failed. One company has since been deregistered.

Campbell noted that De La Motta attended a hearing via Zoom in May 2024 when the court issued orders for accounting and interim payment. However, he was absent from a July pretrial hearing. His attorney cited an unverified medical issue but provided no documentation or request for an extension.

The freezing order was circulated to several financial institutions, many of which reported that De La Motta held no local assets. Campbell argued that this raised concerns that assets may have been moved beyond the reach of the court. She added that her clients had incurred significant legal and construction costs with no result.

The lawsuit stems from a 2022 agreement under which the Tomlins paid $64,166,500 for the construction of a retirement home in Mezgar Gardens, St Thomas, expected to be completed within 10 months. However, the couple alleges that De La Motta abandoned the construction, leaving the house only six per cent complete.

The couple allege that the project stalled soon after work began in August 2022. By April 2023, they claim that only two per cent of the work had been completed.

De La Motta reportedly became difficult to contact, missed meetings, and failed to provide updates.

They later hired a project manager but allege that De La Motta resisted oversight and instructed workers not to communicate with the manager. Independent assessments found the work to be defective and not in accordance with approved designs, resulting in stop-work orders.

The Tomlins say the failed project disrupted their retirement plans. They had intended to relocate by April 2023 and rent their overseas home but instead remain abroad while losing an estimated US$2,600 monthly in rental income.

They also reported that surveillance cameras installed at the property in December 2022 showed no construction activity and that the site became overgrown and infested with termites, which they blamed on prolonged neglect.

After failed mediation, the couple terminated the contract and filed suit.

When previously contacted by The Gleaner, De La Motta denied the allegations and insisted that the project was derailed by a third-party project manager hired by the couple.

“That third party pretty much ruined the project. I’m not sure if they were trying to take over or steal the project, but they created false reports that caused weeks and months of back and forth,” he said.

He also described the Tomlins as “clients from hell” and said he intended to defend the lawsuit with his attorney, Cedric Brown.

tanesha.mundle@gleanerjm.com