Construction Defects Seminar - May 15, 2010

Tue, 30 Mar 2010 15:30:00 +0100

Nicholas Cowie will present: Successful Strategies for Resolving Construction Defect Disputes with Developers – Saturday, May 15, 2010: Builder oversight and omission in the construction process can result in property damage and costly repairs. Latent defective conditions in the original construction may not result in noticeable problems until years later. Timely action is the key to successful identification of construction deficiencies. ...
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WHO SHOULD ATTEND
This seminar, which is an afternoon session in the CAI's Assessment Collection Symposium, is highly recommended for homeowners, board members, property managers of newly constructed or newly converted communities (approximately 6 or fewer), as well as anyone whose obligation it is to address construction deficiencies within their communities.

HOW TO ATTEND
Pre-Register and Pay for the Seminar. More information available on the Community Associations Institute's Chesapeake Region Chapter's Website.

TOPICS TO BE ADDRESSED

The mistakes most commonly made by homeowners and associations when faced with construction defects;
How to identify and report latent defective conditions before warranties expire;
How to negotiate repairs that adequately address the defect in question;
How to avoid waiving you community's legal rights during the negotiating process (tolling agreements and releases);
Repair agreements vs. monetary settlements;
Rights of associations and homeowners to pursue defect claims;
Litigation, arbitration and mediation, what's the difference?
Negotiating from a position of strength;
the essential role of construction experts in negotiating claims for construction deficiencies;

Available legal remedies: attorney's fees, repair costs, property damage and diminution in value; and

When negotiating fails: the economics of bringing a lawsuit.

Maryland Court of Appeals decision could have far-reaching repercussions for Maryland ...

Thu, 24 Apr 2008 15:30:00 +0100

On April 15, 2008, the Maryland Court of Appeals handed down a decision that could have far-reaching repercussions for Maryland condominiums and their insurance coverage.

In the case, Anderson, et al. v Council of Unit Owners of the Gables on Tuckerman Condominium, et al.- Case No. 99, Sept. Term 2007 – (Gables Case) the Court held that the Maryland Condominium Act (“the Act”) does not require the Condominium to repair or replace property of an owner in an individual condominium unit after a casualty loss. The Court noted that the master policy requirement of the Act is intended to cover only damage sustained to the common elements or the structure of a condominium and not each owner's property or individual unit.

The Court noted that the Act thus recognizes the hybrid character of condominium ownership by differentiating between the treatment of common elements and individual units, with the owner being responsible for damage to his or her “airspace.”

The holding in this case will become effective after the Court issues its mandate, which is expected to occur sometime after May 15, 2008. Those affected are advised to promptly contact their attorneys and insurance carriers to discuss the ramifications of the holding on their particular situations.

NOTE: This case synopsis is not the legal analysis of Cowie & Mott, P.A. and it does not constitute legal advice. To read the opinion, please follow this link .

COWIE & MOTT: NEWS

Construction Defects Seminar - May 15, 2010

Maryland Court of Appeals decision could have far-reaching repercussions for Maryland ...