When Homeowners’ And Condo Associations Have To Litigate Over Construction Defects
When Homeowners’ And Condo Associations Have To Litigate Over Construction Defects Aug 7, 2018 Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common. In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the air conditioning, heating, and ventilation, and malfunctioning fire sprinkler heads—the association filed a lawsuit against the general contractor, Whiting-Turner Contracting Co., as well as a number of associated subcontractors, such as the fire sprinkler contractor, Century Fire Protection Inc., alleging the companies failed to build the condo according to building plans and Florida Building Code standards. Other problems facing the association included defective longitudinal seam welds in the piping, improperly condensed water systems, lack of water treatment, premature unit pump failures, and rusting and scaling of pipes; all of which failed to meet minimum standards. Below, we discuss some of these claims in greater detail. Plugged Sprinklers, Property Damage, & Safety Concerns According to a report produced by engineers who inspected the building for construction defects, approximately 90 percent of the fire sprinklers were plugged. According to the complaint, as a result of the defects, the Miami Fire Department had to place an emergency fire watch on the condo association in case a fire broke out and the sprinkler heads failed to operate throughout the building. Unfortunately, residents also suffer when these types of construction defects occur: defects like these can cause deterioration of and damage to pumps, heat pumps, drywall, and insulation. The HVAC system and related problems have also led to peeling paint, water intrusion, and general property damage. When the Defendant Company Blames another (Third) Party These lawsuits can get complicated and confusing when the contractor turns around and sues the subcontractor for breach of building codes, breach of contract counts, contractual indemnity, and common law indemnity, claiming that they had an agreement whereby the contractor would be held harmless and indemnified if issues arose with respect to the subcontractor’s work. The companies being sued are also arguing that a previous settlement between the association, developer, and general contractor settled issues concerning the defects after the structural report, and prevents the association from raising issue with some of the structural issues described in its complaint. Whiting-Turner is also claiming that some of the association’s claims are barred by the statute of limitations and that the association itself might be liable for some of the damage because it allegedly failed to conduct routine maintenance on the systems. Florida Homeowners’ and Condo Association Attorneys If you are a condo or homeowners’ association that has been wronged with respect to construction or another contract, having the right lawyer on your side is absolutely essential. At HD Law Partners, our Florida homeowners’ association attorneys provide this proactive legal representation you can count on; contact us today to find out more. Resources: https://law.com/dailybusinessreview/2018/06/21/construction-defects-alleged-at-miamis-loft-2-condos https://codes.iccsafe.org/public/document/FBC2017/chapter-35-referenced-standards Tags: Florida Homeowners Association Attorney, Florida Homeowners Association Attorneys, Florida Homeowners Associations Posted in HOA/Property Management, Homeowners Association, Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us