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October 2018 Archives

What steps should associations take when construction defects come to light?

Construction defects can be a huge headache for property owners associations. While Florida law provides a process for holding the right parties accountable, it can be tricky to navigate that process with all its deadlines and procedural requirements. That's why it's so important for associations to follow the right steps as soon as an issue comes to light.

When construction defects reach the sky

Well-traveled readers will be familiar with one of the most legendary building errors of all time: the picturesque white-marble bell tower in Tuscany, on Italy's west coast. While the Leaning Tower of Pisa is a tourist attraction that draws hundreds of thousands of visitors each year, its fate was never intended for another sky-reaching structure built centuries later: San Francisco's Millennium Tower.

Latent vs. patent construction defects: What's the difference (and why does it matter)?

If you've ever had the misfortune of dealing with construction defects, you know what a headache they can be, particularly when they affect an entire condo or residential community. Such far-reaching defects can cost a fortune to fix.

"Crazing defect" means window replacement at new courthouse

An unusual situation in California illustrates how construction defects can impact virtually any aspect of the structure, whether residential or commercial. It involves downtown San Diego courthouse with bullet-resistant windows. The courthouse rose near the ocean more than a year late and at a cost of more than $550 million. Now, less than nine months after it opened, it needs a complete window replacement.

4 pitfalls associations should avoid when facing construction defects

Construction defects are costly problems for associations. Condos, townhomes and single-family developments are prone to defects from both the original construction and later renovations. When defects affect common elements, they become the responsibility - and the headache - of the association.

Florida ruling sheds light on statute of repose for construction defect claims

In Florida construction defect cases, you can't pursue compensation in court without first providing notice to the responsible parties. This notice - often referred to as "pre-suit notice" or "Chapter 558 notice," for its location in the Florida statutes - must be provided at least 60 days before a civil action can be filed. In cases involving housing associations of 20 or more parcels, the pre-suit notice must go out at least 120 days prior to filing a suit.

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