Colorado Supreme Court shoots down condo association’s lawsuit against Aspen for construction defects

The Colorado Supreme Court clarified on Monday that litigants may not use a judicial doctrine focused on breaches of contract to sue municipalities for negligently constructed housing, effectively sidestepping the broad immunity state law provides to government entities.  The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause. […]

The Documents You Should Retain in Anticipation of 558 Litigation (FL)

Florida law provides condominium associations with a robust framework to recover damages from the developer and contractors for issues related to defective construction. Chapter 558, also known as Florida’s Construction Defect Statute, aims to encourage settlement of construction-related claims without resorting to litigation. However, litigation is sometimes unavoidable. Outlined herein are some of the essential […]

New Home Construction Issues: 26 Years After ‘Fumarelli’ (NY)

In this article, the authors, whose first jointly written article on new home construction was published 22 years ago, will cover developments, which have occurred over that span of time, regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à […]

HVAC Defects in New Brooklyn Condo: Who Pays for the Fix? (NY)

Five years ago, a man bought an apartment in a newly construction Brooklyln condominium. From the beginning there were problems with the heating, ventilation and air-conditioning system. The problems persist, and the repair cost is now $90,000. The sponsor has taken repair funds out of the building’s operating budget, leaving the budget in the red […]

A Mega-Lawsuit, a Rush of Listings and Price Cuts Galore: What’s Going on at 432 Park? (NY)

When 432 Park Avenue launched sales to much fanfare in 2013, the condominium was hailed as one of Manhattan’s most prestigious addresses. The sleek, roughly 1,400-foot-high tower on Billionaires’ Row was briefly the tallest residential building in the Western Hemisphere. With a private dining terrace, Michelin star chef and luxurious spa, it drew celebrity residents […]

They Bought a New DC Luxury Condo. It Could Collapse (DC)

When a pair of first-time homeowners moved into a sleek condo in Northwest, they were thrilled. Now they’re afraid their building “could fall over”—and wondering why city inspectors failed to spot its many flaws. Read the article…………………………….

NYC Condo Sponsor Defect Case: Court Ruling a Game-Changer for Boards

In a significant decision for New York condo boards and property managers, the Supreme Court of the State of New York, County of New York, denied a motion to dismiss a lawsuit brought by the Board of Managers of the 443 Greenwich Street Condominium against the building’s sponsor and related entities. The case, centered around […]

Effort to limit lawsuits over construction errors — and in turn boost Colorado condominium construction — fails at Capitol

An effort to encourage condominium construction in Colorado by reducing the chance of lawsuits over building errors failed in a state House committee Friday evening, a sign of how complicated and politically fraught the issue is. Senate Bill 106, the so-called construction defects bill, was unanimously rejected by the House Transportation, Housing and Local Government […]

Holding Condominium Developers and Their Principals Liable (NY)

In Board of Managers of the Brighton Tower II Condominium v. Brighton Builder, LLC, the Second Department which overseas Brooklyn and Long Island lower courts, issued a decision which clarifies what condo boards and owners have to establish in order to succeed against sponsors and their principals in construction defect cases. The court offered important […]

Bills to reform Colorado’s construction defects law advance in Legislature

Two bills aimed at reforming Colorado’s construction defect law advanced through the Legislature this week, one to spur more condo development by lowering insurance costs and another to give homeowners more protection against shoddy construction.  They both have to do with the state’s Construction Defect Action Reform Act, which sets up a process for homeowners […]

The Construction Defect Bills (CO)

The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains […]

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………………………..