Condominium Construction Defect Litigation: Timeliness, Damages, Defenses, Causes of Action

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, May 5, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide construction counsel with guidance on the unique issues surrounding bringing a construction defect claim on behalf of a condominium association and defending such a claim. The panel will address the issues of filing a timely claim, establishing who is the proper plaintiff to pursue a claim, what types of damages and defenses exist, and identifying available causes of action and defenses. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction defect disputes.

Description

Newly constructed or converted condominiums often contain defective conditions, including concealed or "latent" construction defects, which, if left undetected and/or unrepaired, can cause extensive damage over time, requiring associations to assess their members' substantial repair costs. Since condominium associations are responsible for overseeing and maintaining the common areas and facilities, the association's first unit owner elected board must evaluate the construction and determine potential claims against the developer and/or design and construction team.

Counsel for condominium associations must consider the engagement of an architect, engineer, or other qualified construction consultant to assess then existing conditions and be prepared to pursue claims in a timely fashion to comply with applicable statutes of limitation and repose. Counsel must determine, among other things, whether the identified deficiencies give rise to any actionable claims including, without limitation, negligence, breach of the implied warranty of habitability, breach of fiduciary duty, violations of consumer protection statutes, or violations of the state condominium act.

Listen as our authoritative panel of construction and condominium attorneys guides counsel on the claims and defenses when construction defects are alleged in the common elements. The panel will provide best practices for retaining expert consultants and filing timely claims, in addition to negotiating claims to seek adequate monetary compensation.

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Outline

  1. Condominium association incorporation documents
    1. Transition period to unit owners
    2. Inspection
    3. Naming proper plaintiffs
  2. Types of defects and damages
    1. Breach of contract
    2. Breach of warranties
    3. Common law fraud
    4. Other common law claims
  3. Statute of limitations

Benefits

The panel will review these and other key topics:

  • What are the available legal claims for construction defects that the condominium association can assert? What are the defenses available to potentially responsible parties?
  • The statutes of limitations and repose for these legal claims
  • How can these legal claims be preserved during pre-suit settlement negotiations?
  • How can an association negotiate in a manner that increases the likelihood of developer accountability for proper, comprehensive repairs?

Faculty

Albright, Lara
Lara Y. Albright

Attorney
Cooper & Scully

Ms. Albright focuses her practice primarily in the area of construction law with experience representing general...  |  Read More

Moriarty, Thomas
Thomas O. Moriarty

Principal
Moriarty Troyer & Malloy

Mr. Moriarty is a founding member of the firm and Chair of its Litigation Department and is widely regarded as one of...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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