Construction Defects Course Presented by Paul Terry from Angius & Terry LLP Construction Defects Attorneys
We had a great time learning about Construction Defects during last Tuesday's educational course. This event was made possible thanks to Angius & Terry LLP, Hotwire Communications, US Parking Inc, Brickell House, and the Brickell Homeowners Association. Below is a short recap of some of the questions that were answered.
How do you know if you have a construction defect?
First ten years
Builders Reserve Study Schedule
Common Sense
Consult Construction Defects Litigation
What does the law say we must do when filing a construction defect?
The Construction Defects statue is found in Chapter 558
Chapter 558 mandates a pre-lawsuit process
Associations must send a Notice of Claim to Builder with reasonable details of the nature of the alleged defects
The builder has a timeline to follow with 75 days to request mediation
Community Association has 45 days to accept or reject the proposal
When should you have an investigation performed?
As soon as possible, at a minimum within three years of turnover. Statutory warranties
Engineer turnover report
Condos and Townhouses- at the eight-year point, if no other manifestations
Condo conversion
Whenever you suspect a problem
Does the Board have a Fiduciary Duty to bring a claim?
Not necessarily, but it does have a fiduciary duty to investigate
Do hourly attorney agreements make sense for a Construction Defects Claim?
Association has access to sufficient funds (1 million) If not, you may need to pass a special assessment.
Angius and Terry handles most cases on a contingency fee basis, so even cash strapped associations can afford to pursue a construction defect claim
The information provided was thorough, and Paul Terry brought forth an engaging presentation. The Brickell Homeowners Association and its members thank Angius & Terry LLP, Hotwire Communications, US Parking Inc., Brickell House administrators, and its Board for this informative course. If you have any questions or would like to connect with Angius & Terry LLP please contact Paul Terry at 702-450-2900 or Diana Zayas-Bazan at 954-937-0385.
About our Sponsors!
Hotwire Communications is an industry leader in providing Gigabit connectivity and streaming video solutions to multi-family and multi-tenant buildings and communities. For over a decade, Hotwire has been at the forefront of the Gigabit revolution, installing fiber optic networks and delivering 1 Gbps speed since 2005. Hotwire now delivers 10 Gbps connectivity to residential, commercial, hospitality, student and senior living environments through its Fision® Home, Work, Stay, U, and Encore divisions respectively.
Angius & Terry LLP. has specialized in resolving construction defects for community associations for over 35 years. They handle most cases on a contingency fee basis so even cash strapped associations can afford to pursue a construction defect claim. Angius & Terry LLP. has recovered in excess of $750 million dollars on behalf of homeowners and community associations. They strive to ensure that our construction defect claims are prosecuted in an aggressive and yet cost-efficient manner.
US Parking Inc has over 47 years of experience serving luxury properties from Miami to Atlanta, U.S. Parking is a provider of first class valet and garage management services. We pride ourselves on our exemplary reputation, as well as our efficient management structure.
The Brickell Homeowners Association thanks our members for their attendance and engagement.
