An Owner’s Guide to Construction Defects Claim Documentation – Part II

       Part I of this series, entitled “A Condominium Association’s Guide to Construction Defects Claim Documentation” described many of the documents individual owners and associations should have on hand to assist their attorneys in evaluating a construction or design defects claim.

Part II of this series addresses the situation where a Condominium Association or Homeowners’ Association (or any individual property owner) has discovered a construction or design defect arising from renovations or repairs that it has directly purchased. For example, this could include defects discovered pursuant to a concrete balcony restoration project, or problems which arise during the course of resurfacing a swimming pool, tiling a patio, or replacing a roof.

The following types of documents could prove useful to attorneys in analyzing whether a potential construction or design defect claim exists:

1. All signed contracts for construction or design of the defectively performed work;

2. All agreements or contracts for construction management pertaining to the defective work, including any change orders, addenda, amendments or exhibits to same;

3. Copies of any documents incorporated by reference in the contracts, such as the project specifications, design plans, scope of work, etc.

4. All express warranties for labor or materials from the applicable contractors, subcontractors, or manufacturers as to the defective components or work;

5. Copies of all project-related permit applications, permits, and drawings on file with the applicable building department;

6. Video recordings or date stamped photographs of the defective work;

Lastly, Associations or Owners are encouraged to document construction or design defects early and often. Whether via the use of a professional engineering consultant, or on its own, Associations and Owners should always provide their attorneys with copies of all reports and photographs, as well as any testing results of the construction or design defects as soon as possible.