Mitigating Liability in Condo Developments: Warranties, Disclosure and Construction Claims
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide real estate counsel with guidance on anticipating unit owner and association claims in condominium developments and creating project documents and disclosures that will minimize litigation risk. The panel will address developing a fair and cooperative process with all design and development stakeholders to deal with likely claims and preemptively handle construction claims to avoid litigation and reduce costs.
Outline
- Source of liability
- Statutory warranties
- Express
- Implied
- Risk management
- Disclosure documents
- Transition of management
Benefits
The panel will review these and other relevant topics:
- What are the major types of liability claims likely to arise in condominium development?
- How should real estate counsel handle misrepresentation and fraud claims related to condo projects?
- What are best practices in developing condo disclosures to avoid future claims?
- What implied and express warranties can be the form of construction defect claims in condominium development?
- How can a developer handle the transition of management of condominium development to mitigate risk best?
Faculty
Robert M. Diamond
Senior Counsel
Reed Smith
Mr. Diamond has practiced real property law in Virginia, Maryland and the District of Columbia for 38 years, with... | Read More
Mr. Diamond has practiced real property law in Virginia, Maryland and the District of Columbia for 38 years, with special emphasis on preparing documents for condominiums, planned communities and mixed-use projects, negotiating warranty and construction defect claims, representing community associations and litigating association-related issues in state and federal courts.
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Michael S. Dingman
Partner
Reed Smith
Mr. Dingman's practice focuses on representation of all entities in the construction and real estate industries... | Read More
Mr. Dingman's practice focuses on representation of all entities in the construction and real estate industries including Owner/Developers, General Contractors and Subcontractors. He has substantial experience in the preparation and negotiation of construction and design contracts for a variety of commercial and residential projects including office buildings, hotels, manufacturing facilities, condominiums, data centers, hospitals, elder care facilities, mixed use developments and condominiums. Mr. Dingman has significant experience in litigating construction defects claims, including design errors, on behalf of Owners and Contractors. This litigation experience includes cases involving water intrusion and mold claims. He also has significant experience in general commercial civil litigation, in both federal and state courts, and in arbitrations and mediations, with substantial experience in construction-related litigation, real property disputes - including title claims, restrictive covenants, easements, condemnations, and real property tax assessments - and business-related litigation such as breach of contract, fraud and related unfair competition torts. Mr. Dingman has significant experience representing property owners in Fair Housing Act and ADA cases, including HUD investigations. He has significant appellant experience as well with the Virginia Supreme Court and the Fourth Circuit Court of Appeals. Mr. Dingman also has experience in landlord/tenant litigation and land-use related litigation such as partition suits.
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