Condominium Construction Defect Litigation: Timeliness, Damages, Defenses, Causes of Action
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide construction counsel with guidance on the unique issues surrounding bringing a construction defect claim on behalf of a condominium association and defending such a claim. The panel will address the issues of filing a timely claim, establishing who is the proper plaintiff to pursue a claim, what types of damages and defenses exist, and identifying available causes of action and defenses. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction defect disputes.
Outline
- Condominium association incorporation documents
- Transition period to unit owners
- Inspection
- Naming proper plaintiffs
- Types of defects and damages
- Breach of contract
- Breach of warranties
- Common law fraud
- Other common law claims
- Statute of limitations
Benefits
The panel will review these and other key topics:
- What are the available legal claims for construction defects that the condominium association can assert? What are the defenses available to potentially responsible parties?
- The statutes of limitations and repose for these legal claims
- How can these legal claims be preserved during pre-suit settlement negotiations?
- How can an association negotiate in a manner that increases the likelihood of developer accountability for proper, comprehensive repairs?
Faculty
Lara Y. Albright
Attorney
Cooper & Scully
Ms. Albright focuses her practice primarily in the area of construction law with experience representing general... | Read More
Ms. Albright focuses her practice primarily in the area of construction law with experience representing general contractors, subcontractors, and developers in commercial and residential construction defect claims. She has defended her clients in both litigation and arbitration. Additionally, Ms. Albright has defended insurance agents and insurance carriers in professional liability claims.
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Thomas O. Moriarty
Principal
Moriarty Troyer & Malloy
Mr. Moriarty is a founding member of the firm and Chair of its Litigation Department and is widely regarded as one of... | Read More
Mr. Moriarty is a founding member of the firm and Chair of its Litigation Department and is widely regarded as one of the premier real estate litigators in the Commonwealth. He has vast experience in the areas of condominium construction defect and phasing litigation, both in the trial court and at the appellate court levels and has litigated and argued several of the seminal appellate decisions in that arena. Mr. Moriarty appears in both state and federal court, representing clients in zoning and land use litigation, title disputes, prescriptive easement and adverse possession claims, beach rights and waterfront disputes, construction defect and transitional litigation, common area property disputes, condominium phasing and development matters. He served as 2010 President of the Real Estate Bar Association, is a past Co-Chair of REBA’s Litigation Section, the Residential Conveyancing Committee, and the Unauthorized Practice of Law Committee and currently serves as the Co-Chair of the Condominium Law & Practice Section and as a member of the organization’s Board of Directors and its Executive Committee.
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