Construction Defects
The “Construction Defects” category contains articles and court case decisions that involve issues relating to construction defects.
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Court Says HOA is Responsible for the Cost of Installing Drains Under Owners’ Properties to Remedy Ground Water Problem
- Case Decisions, Construction Defects, Governing Documents, Use and Maintenance
This case involved a dispute between various homeowners (“Owners”) and their homeowners association (“Association”) over the responsibility for damage to
S.C. Court Articulates Damages POA was Entitled to Recover in Construction Defect Litigation
- Construction Defects
South Carolina Appellate Court decision (August 2, 2017) This case involved claims by a property owners association (“POA”) for defective
- Construction Defects
The dictionary defines “catch-22” as “a dilemma or difficult circumstance from which there is no escape because of mutually conflicting
Making HOA Decisions to Repair or to Delay Repairs to Pursue Construction Defect Claims
- Construction Defects
When an association has a duty to maintain and repair components that are defective, the question often arises when there
- Construction Defects
State laws commonly require contractors to have a surety bond posted as a condition of licensing. A surety bond is
Ohio Ct Stays Homeowners’ Class Action Lawsuit and Orders Arbitration of Construction Defect Claims
- Case Decisions, Construction Defects, Dispute Resolution
Ohio Appellate Court decision (June 18, 2015) Homeowners filed a class action lawsuit against a builder seeking damages for alleged
Understanding Claims That Are Frequently Alleged in Construction Defect Litigation
- Construction Defects
When a homeowners association suffers damages that it believes are a result of deficiencies in the design and/or construction of
Colorado Court Rules HOA Must Arbitrate Construction Defect Claims Against Original Developer
- Case Decisions, Construction Defects, Dispute Resolution
Colorado Appellate Court decision (May 7, 2015). This case was an action seeking damages for construction defects that was filed
Michigan Ct. Says HOA Assessment to Fund Construction Defect Litigation was Invalid
- Case Decisions, Construction Defects, Finances
UNPUBLISHED Michigan Appellate decision (March 24 2015) This case involved a dispute between a homeowners association (“Association”) and husband and
