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Construction Law Authority / Construction Defects (Page 2)

Cutting-Edge Tools Can Save Owner Headaches…And Money

Construction lawyers throughout the country have long preached the importance of proper construction documentation to owners and developers alike. Comprehensive documentation of a project is essential to protect owners; especially in the quick-build environment we are experiencing now. Fortunately, there are several companies providing powerful tools that are invaluable to the mitigation of claims and overall protection of the owner and/or developer. One example is Multivista, a leader in photographic construction documentation. Multivista offers state-of-the-art construction photography and video documentation. Their products include interactive visual as-built documentation, construction webcams, and inspection-grade photos of the project. Other core competencies include “Facility Management Information,” which is the process of converting documentation manuals and warranty information into an indexed, integrated system that is accessible via computer. Put more simply, imagine if a building manager could scan building components such as doors and windows to immediately pull up installation and warranty information. The result is a...

Safety First: Public Safety vs. Due Process

Does public safety take precedence over due process in a pending litigation? An on-going construction defects case in Las Vegas, Nevada recently addressed this concern.  Clark County District Judge Elizabeth Gonzalez recently approved a petition to demolish the Harmon Hotel—a never-opened 26-story structure fronting Las Vegas Boulevard between the Crystals shopping center and the Cosmopolitan resort—acknowledging the public safety risk if the building were to collapse during an earthquake. The Harmon was originally was designed to be a 40-story boutique hotel but has sat unfinished, as a costly Cirque du Soleil billboard since construction was halted in 2010 after the discovery of defects involving missing or improperly installed reinforcing steel.  The owner, CityCenter, blames Tutor-Perini, the general contractor and its subcontractors saying demolition is the surest way to deal with the dangerous structure.  The general contractor was sure the Harmon could be repaired and claims CityCenter is just trying to get rid...

What Owners Need To Know About Florida Statute §558.0035

Effective July 1, 2013, Florida Statutes Chapter 558 was amended to provide a “safe harbor” to individual design professionals for claims of negligence. Specifically, Florida Statutes §558.0035 states that any design professional “who is employed by a business entity or is an agent of a business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract.” Florida Statute §558.0035 also expands the definition of “design professionals” to include geologists in addition to architects, interior designers, landscape architects, engineers and surveyors. These changes are limited to individual design professionals only, not business entities, and the statute covers only economic damages. The new law does not limit claims for personal injury or property damage. It is also worth noting that §558.0035 will not limit professional negligence claims by parties who have no contract with an individual design professional and/or his or her...

A Condominium Association’s Guide to Construction Defects Claim Documentation

During the early stages of investigating and asserting a claim for construction or design defects, condominium associations and individual unit owners are often asked by their attorneys to produce documents relevant to their potential claims. The following is an illustrative, and by no means exhaustive, listing of the types of documents condominium associations or unit owners should have on hand to assist their attorney in initiating a construction or design defects claim:   All recorded Governing Documents, Declarations of Condominium, Master Covenants and the like, including any Amendments to same; Developer’s Prospectus or Offering Circular; Developer’s sales and promotional materials describing the property; All documents evidencing the date of Turnover from a Developer-controlled Board to an elected Board of Directors controlled by a majority of unit owners. For example, this could include: ·        Meeting minutes containing the...

Don’t Underestimate the Importance of Repair Estimates When Evaluating Your Construction Defect Claim

Investigating and placing potentially responsible parties on notice about the existence of construction or design defects against Developers, Contractors or Design Professionals in accordance with Chapter 558, Florida Statutes, is an important part of the claims process. As their defect claims progress, Individual Property Owners and Condominium Associations may need professional assistance from their attorneys and design consultants in calculating the potential costs to correct construction or design defects. There are many other reasons why Owners or Associations would want to obtain repair proposals or estimates. For example, while repair estimates may help Owners and Associations budget for repairs, they may also help Owners and Associations to prioritize their claims for settlement purposes. Repair estimates enable Owners and Associations to identify any defects they may wish to withdraw from their Ch. 558 pre-litigation construction defects claims, or from litigation, during the course of settlement negotiations. When negotiating a...