Brian and Robyn Emmons can’t sell their 12-year-old, $900,000 rowhouse in Northern Liberties in its current state.
Fissures have spread across some of the walls in their home — which was built in 2014 — and cracks radiate from many doors and windows.
Three of their neighbors on Brown Street face similar issues. They say their homes were damaged by an apartment building constructed in 2023 that’s so close to the rear of their house they can almost touch it.
One family moved out after the city Department of Licenses and Inspections declared their home unsafe in 2024.
The Emmonses want to move to South Jersey, closer to family. Instead, as they wait for their second child to be born, they feel trapped.
“The fact that my neighbor was issued an order not to occupy the house, and it’s attached to our house, it’s just really scary,” said Brian Emmons, who has been a real estate developer in Philadelphia for almost 20 years. “We are stuck.”
Along with two neighbors, the Emmonses are suing the developer of the apartment building: Brian Zoubek, president and CEO of Zoubek Properties, who has built 250 houses in Philadelphia over his roughly decade-long career.
Since graduating from Duke University in 2010, where he played basketball for the Blue Devils, including on the national champion team that year, Zoubek tried his hand at a few occupations before settling on development. He has expanded his business to the Jersey Shore, recently debuting 10 almost million-dollar townhouses at a news conference with New Jersey Gov. Mikie Sherrill.
“I’m extremely proud of what we’ve built in Philadelphia,” Zoubek said in an email. “I put my own name on my work because I stand behind every project we build.”
Zoubek faces lawsuits from the owners of three properties, all alleging that he damaged their Brown Street homes. An Inquirer review of court records found that Zoubek’s companies were similarly taken to court over allegations of sloppy construction practices by their contractors in at least three prior development projects.
The Northern Liberties rowhouses
Emmons and his neighbors sued last year alleging that the damage to their homes is the direct result of Zoubek’s redevelopment of the Mifflin School, built in 1825, just to the north of their homes.
In mid-2021, Zoubek purchased the property — the oldest surviving public school building in Philadelphia — and carved it into 15 apartments with 14 more wedged into a four-story addition on a small lot between the Brown Street homes and the historic structure.
The recent lawsuits contend that the developer dug too deep while excavating the basement of the new building and damaged their adjacent foundations. Within the three homes — which The Inquirer toured with Emmons — cracks grow in walls, floors slant, the shared garage leaks, and residents have struggled to open some windows and doorways.
The other two homeowners declined to speak on the record, citing the ongoing lawsuits. The residents of a fourth house have resolved their case against Zoubek.
“We are aware of the pending litigation and are actively defending these claims,” Zoubek said in an email. “Given the involvement of multiple parties, we are engaged in ongoing discovery and investigation and are confident the process will bear out the facts.”
Zoubek was named in two earlier lawsuits that accused his construction crews of slapdash work that damaged neighboring properties. A third suit alleged that his company’s work triggered a floor collapse that injured two deliverymen.
Zoubek said in a statement that all prior suits have been resolved.
For Emmons, the experience on Brown Street has an irony to it. Ten years ago, he was the face of development in Philadelphia as president of the Building Industry Association (BIA) — a real estate advocacy group — and vice president of a development firm Toll Brothers runs in the city.
Usually in the position of advocating for new development, Emmons counseled his neighbors when the project was announced that it was allowed by the property’s zoning and not worth resisting. But he did ask his fellow developer about his plans for the new apartment addition to the Mifflin School.
“He clearly was doing things the wrong way,” Emmons said. “And I know that because I’m in the construction industry.”
Zoubek contests Emmons’ assertion. He argues that many of his 30 building projects in Philadelphia involve basement excavation next to existing properties and that the Mifflin School project was fully permitted and supervised by skilled professionals.
“That experience, combined with the engineering oversight on this project, reflects how seriously we take this work,” Zoubek said in an email. “After concerns were raised, the project was reviewed by L&I, which did not issue violations or take enforcement action.”
A trail of lawsuits
Zoubek has been building in the Philadelphia area for more than 10 years, mostly developing small apartment buildings or a handful of rowhouses in the city’s booming river ward neighborhoods.
Zoubek, at 7-foot-1-inch, was a basketball star at Haddonfield Memorial High School and got into real estate after a stint running a cream puffery and, later, as a real estate agent for Cushman Wakefield.
He started his own firm, Zoubek Properties, in 2014 and a related construction management company called Z Builds. He also cofounded another company, Catalyst City Development, with childhood friend Tyler McNeil.
As his construction business grew, his enterprises were drawn into complex litigation alleging property damage or injury caused during construction.
According to one lawsuit, Catalyst, the company Zoubek cofounded, and Manayunk-based Grit Construction worked together on a small development on Hope Street in Northern Liberties in 2019. During construction, Grit ruptured a lateral pipe connecting a sewer main to a strip of nearby businesses facing an adjacent block of Front Street.
Exhibits from that lawsuit show Zoubek proactively contacted the neighboring property owner, reassuring him that his crews had quickly rerouted the noxious flow by splicing in PVC piping until a more permanent fix could be made.
“Broke some sort of line,” Zoubek texted to the adjacent property owner, along with a photo of the messy scene. “So we put in a temp one.”
But a week later, business owners next door were complaining about chronic plumbing issues. The temporary line had become clogged with rubble and other debris from the ongoing construction.
According to the suit, in June, the toilets and sinks at a packing business on Front Street erupted as sewage backed up and flooded into the commercial unit. The next day, a barbershop next door was inundated with filth.
A plumber came out to snake out the line but discovered that Zoubek’s crews had capped the severed line. Eventually, tenants fled.
“Our tenants cannot continue with sewage backed up into their space,” a property manager for the commercial units next door wrote to Zoubek, in a 2020 email.
Zoubek said that the case had settled but offered few other details: “The matter was ultimately resolved between the parties.”
Zoubek Properties had also hired Grit and contractor All-State Services to demolish a building under the El in Fishtown in 2019 and build several new apartments.
In 2021, the owner of a neighboring apartment complex sued, saying that during teardown crews punched holes in the side of the adjacent building, damaging its roof, framing, and supports.
According to that complaint, tenants told a property manager about “a big noise and shaking in the building” during the demolition process.
After arriving on the scene a short time later, the manager “observed All-State Services employees drinking alcohol while on the job and stumbling down off of heavy equipment,” the complaint said.
Zoubek said that his contractor eventually repaired the wall and that a claim for further damages was handled by the two insurance carriers.
“The matter is fully resolved,” he said.
As that suit unfolded, Zoubek had another project underway in Old City, again for a small apartment complex on the 100 block of North Third Street.
In 2021, two deliverymen bringing in elevator counterweights for the construction project were told to use a rear entrance to deposit their cargo, according to a personal injury lawsuit filed the next year.
The suit contends that both the delivery company and the workers quizzed Zoubek’s crews about whether the rear entrance of the partially constructed building was structurally sound enough to handle the extreme weight of their load. They were assured that it had been inspected and was safe.
Instead, the floor collapsed, sending the men and their equipment crashing into the basement, injuring both delivery workers.
The suit was later settled for $6.5 million default judgment against the subcontractor.
“That matter was resolved through the appropriate legal and insurance processes,” Zoubek said.
Construction damages 50 rowhouses a year
Lawsuits and claims of construction damage are endemic to the real estate industry. And building in the tight confines of Philadelphia’s dense rowhouse neighborhoods can be especially contentious.
A 2023 Inquirer investigation found that 50 rowhouses a year have been rendered unsafe by construction next door.
In the case of Brown Street, a spokesperson for Zoubek pointed The Inquirer to the website of Fortis Construction & Design, which built the five rowhouses there in 2014 and is now suspended by the city for “unpermitted, potentially dangerous underpinning and excavation.”
Emmons, however, argues that the fault lies with Zoubek: The extensive damage to the Brown Street homes appeared only after the basement was dug out for the expansion of the Mifflin in 2023.
“He can point the finger all he wants, but I hope he lies awake at night praying nobody gets injured or killed,” Emmons said in an email.
