Condo Construction Defects: What Should the AOAO Do First?
Attorney
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Your condo project has construction defects and you wonder what to do first. What you do will have an important impact on whether you successfully correct the defects. Of course you must notify the developer and contractor immediately. Do it in writing and keep a record. But you also must take some other steps to protect yourself and your investment.
Do not rely upon the developer or contractor to advise you as to what is wrong and how to fix it. They have a natural bias in favor of a cheap, and perhaps partial, fix. Get your own consulatnt to investigate the problem and recommend a repair. Otherwise you will never know for sure what is actually wrong, or whether their propsoed fix will work. Over the years I have seen many projects where the developer or contractor has misled the AOAO into believing that the problem was minor and covered up a more serious problem.
Generally you want to hire an architect who understands construction defects to look into the matter for you, at the same time you notify the developer and contractor of the problem. You will know that the architect you hire is on your side and will tell you the truth about the extent of the problem. Your architect also will advise you as to the proper repair that needs to be done, not some lesser or temporary fix.
Remember that time is also a factor. Construction bonds expire one year after occupancy. Put the contractor on notice of a claim on their bond immediately. Some construction claims expire unless brought within 2 years, 4 years, 6 years or 10 years after occupancy, depending on the type of claim. You will need legal advice to determine these time periods in your particular case.