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Posts tagged "construction defect"

Use walkthroughs to get the most out of your building contract

For those eager to see the blueprints of a project evolve from sketched images to an inhabitable structure, the construction process can seem endless. It's often tempting to push deadlines and provide financial incentives to hasten the process along. However, those seeking too quick a turnaround may end up disappointed when it comes to the end quality.

How could water damage be only 'partially' covered by insurance?

Insurance is one of those things that is great... in theory. It helps you pay for expenses that would cause you to take a serious financial hit or might be unable to cover on your own. Let's face it, your paycheck probably doesn't cover a new roof - even if it does, you've got other bills to pay.

Has it really been 11 years since Wilma hit Florida shores?

When you live in Florida, it is hard to keep track of the names for tropical storms and hurricanes. Since 2010 alone, Colin, Joaquin, Erika, Arthur, Andrea, Sandy, Isaac, Debby, Beryl, Lee, Irene, Bret, Nicole, Earl, Bonnie and Alex have all swept through the area.

Repair and preserve: the balancing act for construction defects

As a Home Owner Association (HOA), HOA board member or community housing management company, following up on construction defects would fall under your purview. Florida law, under Statute 720 and the Rules of Civil Procedure, authorizes an HOA to bring construction defect claims on behalf of its members.

DEFECTIVE LOCKS THREATEN SECURITY IN COMMUNITY ASSOCIATIONS

Multiple class action law suits have been filed in federal court against KABA, one of the world's largest manufacturers of keyless locks mechanisms. KABA's keyless lock mechanisms are used in both residential and commercial applications and have been sold throughout the country, including Florida. The cases have been combined into a multi-district litigation in the United States District Court Northern District of Ohio as Case Number 1:11-md-02220-DCN. The lawsuit alleges that KABA has manufactured and sold a defective lock that can be opened by placing a certain magnet in front of the lock. The manufacturer has acknowledged the defect but the issue of what to do about the locks that have already have been sold and installed is yet to be resolved. One of the concerns when litigation of this sort is brought is the potential exposure of the defect to people with a criminal intent. The use of the magnet to open the locks, as expected, has now appeared in videos on the internet. It has been suggested by the plaintiffs, that owners or associations responsible for buildings which contain KABA keyless lock mechanisms should be made aware of the defects by the manufacturer. However to date, no large scale notification has been sent. The complaint alleges specifically that locks sold under the trade names Unican and Simplex in the 1000, 3000, 5000, 6200, 7000 and 7100 series are defective.

DISTINGUISHING WARRANTY EXPIRATION FROM STATUTE OF LIMITATIONS' EXPIRATION FOR FLORIDA CONDOMINIUM AND HOMEOWNER ASSOCIATION CONSTRUCTION DEFECT CLAIMS

A warranty period in the context of condominium and homeowner association construction warranties is the finite period of time that the quality of a particular building component is guaranteed by a developer, general contractor, etc.  A statute of limitations in the context of a warranty claim is the period of time during which a claim on the warranty must be filed in court to preserve the warranty claim.  These time periods are often confused.   Hopefully, this post will help clarify the matter.

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