Construction Defect

Condominium litigation presents unique challenges and areas of exposure to those involved in planned real estate development or condominium construction.

Litigation may evolve from a claim by the condominium association relating to common elements, from individual unit owners regarding their condominium units, homeowner insurance companies by way of subrogation, or from a combination of all these parties. These claims often are complex, costly, and may result in a lengthy litigation process. Given the nature of these developments, errors in design or construction can result in a multitude of claims and an exponential degree of exposure not otherwise present in other projects. 

Frequently, subcontractors are the target of construction defect claims often including claims of indemnification. Indemnification is an ever-changing area of the law and we offer our clients the most up-to-date advice in this important area.

We are experienced in this particular area of construction law and are trained to recognize whether the design or construction error represents a single occurrence to a particular unit, a repeating error throughout the project, or if the error implicates the common elements of the development, the individual units or a hybrid of both.  Using our experience, we are able to develop a strategy early in the process for an efficient and cost-effective resolution.