News & Analysis as of

Condominium Associations Construction Industry

MG+M The Law Firm

Surfside Condominium Collapse: Is There a Path Forward to Mitigate Risk of Catastrophe? - UPDATED August 2025

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David Hatem explores the response to tragic events such as the Surfside Condominium collapse in June 2021 should not be finding more parties to sue or defenses to establish, but to develop constructive initiatives and...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Saiber LLC

The Saiber Construction Law Column: November/December 2022

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In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more

K&L Gates LLP

New Jersey Legislature Amends Statute of Limitations for Defect Claims Brought by Condominium and Homeowners' Associations

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Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative...more

Conn Kavanaugh

When Does the Statute of Repose Begin to Run in Phased Development Projects?

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The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more

Shumaker, Loop & Kendrick, LLP

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

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As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Baker Donelson

Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations

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A Texas court recently affirmed the dismissal of construction defect claims by a residential condominium unit owners’ association because it lacked standing to assert claims against the developer, general contractor, and...more

Cole Schotz

The Critical Importance Of Properly Serving A Construction Lien Claim

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So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the...more

Miller Canfield

Amendment to Illinois Mechanics Lien Act Authorizes Bonding Over of Mechanics Liens Claims

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As of January 1, 2016, an amendment to the Illinois Mechanics Lien Act, 770 ILCS. 60/38.1, allows parties with an interest in real estate to substitute an eligible surety bond for a claim for mechanics lien as security for...more

Troutman Pepper

Massachusetts Supreme Court Holds Economic Loss Rule No Bar to Condo Trustees’ Claim for Damages to Common Areas Caused By...

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Wyman v. Ayer Properties, LLC, 469 Mass. 64, 2014 Mass. LEXIS 524 (July 10, 2014) - The Massachusetts Supreme Court ruled that the economic loss rule, which bars recovery of tort damages from the negligent supplier of...more

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