Too often, condominium associations unknowingly allow their legal claims to expire during lengthy construction defect negotiations with developers. If negotiations fail, the association may turn to an attorney for legal representation only to find their legal claims are time barred. This article explains how condominium associations can avoid this scenario by the use of tolling agreements to preserve their legal claims while engaged in potentially lengthy negotiations with developers to correct construction defects. READ MORE

WRITTEN REPAIR AGREEMENTS

Condominium associations should be careful about accepting verbal offers from developers to make unspecified “repairs” in response to complaints about construction defects. The informal nature of such an agreement may be appropriate given the circumstances. On the other hand, problems may arise when the developer’s definition of “repair” differs from what is required by code, contract or industry standard. READ MORE

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