This checklist will assist counsel when evaluating compliance with Florida’s Construction Defects Statute, Chapter 558, Florida Statutes (“FCDS”). These issues arise frequently and must always be considered when claims for defective design/construction are pursued and defended. First conceived in 2003, the FCDS has undergone several revisions and constantly poses new […]
Category: Article
Areas of Focus:
Corporate Representation
A recent decision of a New York trial court proved very costly for a cooperative. An owner successfully sued the co-op for breach of the warranty of habitability, constructive eviction and breach of contract based on the infiltration of second hand smoke into the owner’s apartment. The New York Real Property Law […]
Areas of Focus:
Condo, Co-Op & HOA
Don’t leave money on the table by assuming that a Chapter 13 bankruptcy filing by an owner wipes out or limits payment of a condominium association’s pre-petition claim for unpaid fees and assessments. A recent decision of the United States District Court, on appeal from an order of the U.S. Bankruptcy Court, is a solid […]
Areas of Focus:
Condo, Co-Op & HOA
On February 4, 2016, the Appellate Division affirmed an award of treble damages to three new home purchasers, where the developer knew, but failed to disclose, that the garage could not practically fit a normal-sized sedan.[1] Plaintiffs purchased model homes with a two-car garage, but the garage bay on the left […]
Areas of Focus:
Condo, Co-Op & HOA
