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S.C. Court Articulates Damages POA was Entitled to Recover in Construction Defect Litigation

S.C. Court Articulates Damages POA was Entitled to Recover in Construction Defect Litigation

by Lawrence Szabo, Esq. | Aug 3, 2017 | Construction Defects

South Carolina Appellate Court decision (August 2, 2017) This case involved claims by a property owners association (“POA”) for defective construction of a 36 unit condominium project. Claims alleged by the POA included damages for: (i) failure to soundproof as...
The “Catch-22”  of HOA Construction Defect Litigation

The “Catch-22” of HOA Construction Defect Litigation

by Lawrence Szabo, Esq. | Apr 12, 2016 | Construction Defects

The dictionary defines “catch-22” as “a dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions.” In many respects, a “catch-22” situation is inherent in construction...
Making HOA Decisions to Repair or to Delay Repairs to Pursue Construction Defect Claims

Making HOA Decisions to Repair or to Delay Repairs to Pursue Construction Defect Claims

by Lawrence Szabo, Esq. | Nov 19, 2015 | Construction Defects

When an association has a duty to maintain and repair components that are defective, the question often arises when there are alleged construction defects relating to the components in question as to whether or not the association has a duty to promptly initiate the...
Understanding  Contractor Surety Bonds

Understanding Contractor Surety Bonds

by Lawrence Szabo, Esq. | Aug 25, 2015 | Construction Defects

State laws commonly require contractors to have a surety bond posted as a condition of licensing. A surety bond is a contract in which the surety company that issued the bond promises that the bonded contractor will comply with the laws of the state that issued the...
S.C. Court Articulates Damages POA was Entitled to Recover in Construction Defect Litigation

Ohio Ct Stays Homeowners’ Class Action Lawsuit and Orders Arbitration of Construction Defect Claims

by Lawrence Szabo, Esq. | Jun 24, 2015 | Case Decisions, Construction Defects, Dispute Resolution

Ohio Appellate Court decision (June 18, 2015) Homeowners filed a class action lawsuit against a builder seeking damages for alleged design defects in their homes relating to the roofing systems. The homeowners contended that the defects resulted in serious water...
Understanding Claims That Are Frequently Alleged in Construction Defect Litigation

Understanding Claims That Are Frequently Alleged in Construction Defect Litigation

by Lawrence Szabo, Esq. | May 25, 2015 | Construction Defects

When a homeowners association suffers damages that it believes are a result of deficiencies in the design and/or construction of its property, or separate interests of its members that the association is responsible for maintaining, it may be necessary for the...
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