Wed, 28 May 2008
May 27, 2008
Finally, because condominium units are usually people's homes, there is often a higher level of emotional attachment. People generally expect higher quality in their homes than they do in the buildings in which they work. Furthermore, many owners are expecting lower maintenance when they purchase a condominium and are disappointed when they discover otherwise.
The solutions to the condominium litigation problem are not simple and will not happen overnight. Developers, contractors and design professionals will all need to change the way they do business.
And contractors will need to become better educated about the causes of construction defects and ways to avoid them.
Condominium buyers also need to change their practices. Rather than inspecting only the particular unit being purchased, a buyer should consider retaining a qualified professional to inspect the entire building. The buyer should also look into whether the developer is local or instead an out-of-state developer with few ties to the region, whether the developer or any of the developer's principals are purchasing some of the units or otherwise have a long-term interest in the project, and what other projects the developer has built.
Although the condominium litigation boom is likely to continue for some time, the risks can be minimized. Doing so will require careful attention by everyone involved in building.. selling.. and purchasing condominiums.
This article was written by Kenneth F. Childs who is a member of the construction and design practice group at the law firm of Stoel Rives LLP. I thank him for his kind permission in using this article written for The Daily Journal of Commerce,