Construction Defect Attorneys for Community Associations

Yes. Almost all construction defect cases involve a project that passed municipal inspection. Building inspectors, who often have governmental immunity, typically conduct limited code-compliance inspections and may not always identify design errors, latent defects, or workmanship issues. Community associations should have an independent construction expert perform a transition study.

Boards should investigate potential construction defects as soon as problems arise. Conducting a transition study immediately after developer turnover is essential. Construction defect claims are subject to strict deadlines known as statutes of limitations and statutes of repose. Missing these deadlines can permanently bar claims regardless of how serious the defects are. Delaying contacting a community association attorney or construction expert can result in lost claims, increased litigation costs, or increased repair costs.

If construction defects are not addressed, repair costs are typically shifted to owners through increased assessments or special assessments. Deferred repairs can also negatively impact mortgage lending and property values and, in serious cases, create life safety risks that expose the association and board members to potential liability. Condominium and HOA boards generally have a fiduciary duty to investigate and address construction defects before they escalate into larger structural or safety issues.

Depending on the circumstances, responsible parties may include the developer, successor developers, general contractors, subcontractors, architects, engineers, and product manufacturers. Identifying all potentially liable parties and available insurance coverage is a critical early step in any construction defect investigation.

Boards should involve a construction defect attorney once potential defects have been identified. Community associations need guidance on legal strategy, deadlines, responsible parties, or cost recovery options. Early legal involvement helps evaluate potential legal theories, preserve claims, and determine whether repair costs and, in some cases, attorney’s fees and costs may be recoverable under applicable statutes or the governing documents. Fee arrangements may include hourly, hybrid hourly-and-contingency, or contingency-based structures, depending on the amount of damages.