Brooklyn Condo Owners Face $90,000 HVAC Repair Bill: A Tale of Legal Accountability and Community Livelihoods (NY)

A Brooklyn condo building’s faulty HVAC system leaves owners facing a $90,000 repair bill. Residents question if the building’s sponsor holds responsibility due to potential design flaws or installation errors. Legal experts advise reviewing offering plans and contracts for potential solutions.   Read the article…………………………….

Persimmon Hill – Huge Impact on South Carolina Construction and Insurance Industries

The Persimmon Hill decision is one of the most impactful South Carolina insurance coverage decisions in years. The 58-page opinion authored by Justice Konduros addresses myriad issues including insuring agreements, obligations owed to insureds and additional insureds, bad faith, and an alternative to the “time on risk” allocation formula.   Read the article………………………..

Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work

The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois Supreme Court unanimously held in Acuity v. M/I Homes of Chicago, LLC that the “your work” exception under CGL policies did not prevent […]

Illinois Supreme Court Overturns Decades of Confusing Law on Insurance Coverage for Inadvertent Construction Defects

Over the years, owners and contractors were frequently shocked to learn that there was no insurance that could cover damage caused by inadvertent defective construction. However, that all changed on November 30, when the Illinois Supreme Court, in Acuity v. M/I Homes of Chicago, LLC, aligned Illinois law with the modern trend followed by most […]

How to Handle New Construction Defects (NY)

When buying a condo apartment in a new construction, it’s very likely the building will have some defects, whether it’s issues with the roof, the elevator or amenities. Defect claims occur in about 90% of new construction condos in New York City, and approximately 30% to 40% of these end up in litigation.   Read the […]

Colorado’s justices weigh immunity for municipalities acting as housing developers

…..However, the condominium association for Burlingame Ranch II, an affordable housing community that the city of Aspen developed itself, believed it could hold the city responsible for construction defects in a different way. Instead of claiming negligent construction, which the CGIA would block, the association argued the city breached its contract with homebuyers by not […]

Watch out for the builder’s lobby!

Every now and then, I run across an article like this: Why Are So Few Condos Built in the Twin Cities?  It will talk about the problem of very few condominiums being built in a city or state.  It will raise some issues that they believe may be the cause, but you will always find among […]

Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations

On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering the potential triggering events for […]

Florida Further Restricts Community Association’s Ability to Bring Design and Construction Defect Lawsuits

Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims […]

“Passive house” condo cracking, leaking: lawsuit (NY)

Residents of Nava Partners’ energy-efficient Brooklyn condo claim the forward-thinking construction got some things backwards.  The condo board sued Stewart Osborne and David Ruff’s development company for $5 million last week, alleging the Boerum Hill project suffered from faulty construction and lousy materials.    Read the article………………………..

Boisbriand condo owners might be forced to abandon homes due to defects (QC)

Some 162 condominium owners in the Montreal-area suburb of Boisbriand will most likely have to abandon their homes because of major building defects.  Built less than 15 years ago, the 27 sixplexes were built with severe defects and flawed design, according to the various condo associations connected to the complex.   Read the article………………………..

Hunterdon Creekside Residents Baffled by Release of Performance Guarantees Without Repairs Being Made (NJ)

Baffled. Boggled. Disturbed. Offended. Sad.  These words and similar were used by residents of Hunterdon Creekside to express their sentiments at the Raritan Township Committee meeting Feb. 21 over the recommendation by the township’s engineer to release cash and surety performance guarantees for developer Pulte Homes.    Read the article………………………..

Need to Know: What Board Members Should Know About Construction Defect (CO)

Buying a new home is a milestone experience full of choices for your colors, flooring, and finishes. For months, you stop by and check on the progress. The anticipation builds until, finally, you close on the home and move in. As the months go by, you notice little flaws here and there but nothing that […]

Participating in a Construction Defect Claim – 30,000 Foot View (CO)

What is a “construction defect”? A construction defect is any condition or improvement that was designed, installed or constructed in a manner that falls below the applicable standard of care. Generally speaking, this encompasses any construction that does not comply with the building code requirements and/or the applicable plans, specifications, soil reports, geotechnical reports and/or […]

Defective Home Lawsuits Continue To Flood Florida Courts

As large tract home builders continue to spring up new neighborhoods, lawsuits keep streaming into the courts.  A Riverview couple’s lawsuit against D.R. Horton, filed December 6, is a typical case of discovered construction defects.   Read the article………………………..

Construction Defect: Why You Can’t Sue Your Builder’s Insurance Company (PA)

As a litigation attorney, I meet with many clients seeking advice because their new home construction or renovation project was done poorly. Whether these homeowners are dealing with big or small construction companies, the same problems arise when it comes to construction defects.   Read the article………………………..

Homeowners in gated Pasco community claim shoddy work, upkeep in lawsuit (FL)

Private gated neighborhoods. Exclusive club lifestyle: That’s the website pitch for the Champions’ Club in Trinity, a community of estate homes offering residents privacy, the prestigious Fox Hollow Golf Club, its course designed by Robert Trent Jones Sr., and an elegant clubhouse.   Read the article………………………..

Largo Townhome Association Sue D. R. Horton Home Builders As Lawsuits Abound (FL)

D. R. Horton, Inc. has been sued by a homeowner’s association in Largo for myriad construction defects. The top-volume homebuilder in the U.S. is headquartered in Arlington, Texas.  It is also the subject of a class action lawsuit filed in March by homeowners based in Youngsville, Louisiana. Both states experience high levels of humidity.   Read […]

“Direct Action Statute” Can Permit Judgment Claimants to Collect from Debtors’ Insurance Policies (NJ)

In Crystal Point, the Condominium Association obtained two default judgments for construction defect claims against a structural engineer and its companion construction inspection entity. The default judgment defendants could not be located and efforts to execute upon the default judgments were returned uncollectible.  Read the article………………………..

So What Are The Common Defects in California Related To Construction?

As a homeowner or business owner, you work very hard to reach that milestone of owning your property especially when your property is built from scratch. When you notice a structural defect, or something that was done after the project was completed, you want to hold the responsible party accountable.  Read the article………………………….

Australia: Building Defects: Who in Construction is Liable?

Is “a person who carries out construction work” limited to the entity that was contracted to do the work such as, the builder and developer or does it also include all persons involved in completing the project work such as a supervisor, director or project manager?  Read the entire article……………………………….

SJC Decision Narrows the Window for Filing Construction Defect Suits (MA)

“Don’t ask for whom the bell tolls,” an essay by John Donne cautions. “It tolls for thee.” For condominium associations, the statutory bells signaling deadlines for filing construction defect suits are going to start tolling a lot sooner now, thanks to a recent decision by the Massachusetts Supreme Judicial Court (SJC).   Read the entire article……………………………….

New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners’ Associations

Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative corporations, and other real estate development associations now have six years from transfer of control of the association from the developer to the unit owners […]

Rising Costs of Materials Could Lead to More Construction Defects

We wanted to share news greatly affecting new construction: rising costs of materials. The housing market across the country is crazy right now. It is a strong sellers’ market and buyers are having an extremely difficult time getting offers accepted.   Read the entire article……………………………….

Creekside in Erie alleges shoddy work from developer (CO)

The homeowners association that represents residents at Creekside in Erie Townhomes is suing the community’s developer, Meritage Homes of Colorado Inc., claiming that the builder failed to meet certain construction quality standards.   Read the entire article……………………………….

Barnegat residents want housing developer to fix crumbling sidewalks, soggy yards (NJ)

Cracked and crumbling sidewalks. Muddy, useless backyards. Residents of Venue at Lighthouse Station, a new age-restricted neighborhood in Barnegat off Lighthouse Drive, say these are some of the widespread signs of poor community planning and shoddy workmanship that have plagued their neighborhood.   Read the entire article……………………………….

New Construction Condos: What is the Implied Warranty of Habitability? (MI)

Purchasing a new construction condominium can be an exciting proposition. Generally speaking, a developer will provide an express written warranty to the purchaser of a new condominium unit that covers defective construction within the unit. However, in addition to the interior of a condominium unit, co-owners also purchase an undivided interest in the common elements […]

Condo defects? Council bill would make developers pay (NY)

The unit was modern and pristine, but three years later the ceiling leaks, the walls are cracked and the floors are warped.  Such complaints about construction defects are relatively common among New York City condo owners, even at the city’s most exclusive addresses.   Read the entire article……………………………….

Seven Bridges Delray Sues GL Homes For Shoddy Workmanship (FL)

At issue: shoddy workmanship that the HOA claims GL left behind when it finished Seven Bridges a few years ago. GL Homes has, according to the suit, refused to fix the problems, leaving the HOA to pay for fixes itself. The problem with GL is not new. Other GL communities have also been left to […]

Paseo Condominium residents upset with continued problems (FL)

People who live in the Paseo Condominiums say they have had problems from the start. When the condominiums were under construction in 2014, there were already issues with water coming through the foundation, windows and even the roof.  Read the entire article……………………………….

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters (NJ)

On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner associations and cooperative corporations until the first election when unit owners take majority control of the association board (“Transition”).   Read the entire article……………………………….