HOA Construction Defects: Don't Shoot Yourself in the Foot
December 11, 2009
You face a dilemma when your owners encounter problems that might
be the tip of a construction defect iceberg. How can you complete
necessary repairs quickly while still preserving any claims you
may have against your developer? This week's tip explores that
difficult problem. You'll need to hire a consultant to investigate the damage, and
Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Edina,
Minn., who represents associations, recommends that you be
exceptionally choosy in finding the right one. "If a consultant
is experienced in construction defects, he'll understand that he
and the association should take pains not to destroy any evidence
of the defect," Matt explained. "Some people try to rely on a standard home inspector you'd use
when you're purchasing a home. I'd question that because home
inspectors are generalists, and they're not trained to perform
invasive investigations. In addition, their agreements are often
full of disclaimers. On their face, inspectors often state that
they're not going to perform any inspection that requires them
to move objects or find hidden problems." The key is preserving evidence so that you can pursue a claim
against your developer if warranted. "Don't fix problems right
away without providing some notice to the developer and
contractors that preformed the work," advises Matt. "Even if it's an absolute emergency, providing 24 or 48 hours
notice can save you a lot of headache down the road." Without
notice, the developer or contractor may claim that you failed to
preserve the evidence, leaving them unable to investigate the
problem and perhaps easily fix the problem themselves. Matt also says taking photos of the damage isn't enough and that
you need to understand that there are deadlines for notifying
your developer of potential claims and filing any lawsuit. To read more about what you should know about construction
defects, see our just-posted article. Go there now » Best regards,
Matt Humphrey
President
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