The introduction and departure of several hurricanes this year has prompted the public and media to question and criticize the poor quality of residential construction attributed to municipal building departments, developers, contractors, engineers and architects. When Hurricanes Andrew, Erin and Opal caused entire roof systems to fly off buildings because […]
The Florida Business Judgment Rule protects the business decisions of a Condominium Association’s Board of Directors as long as the Board acts in a reasonable manner. This issue often arises when the Board elects to perform remedial repairs to the common elements of a condominium. Frequently, the Association must raise […]
Last month, we generally discussed the nature of the concrete restoration and preservation industry. Today, we will consider typical issues confronting the Board of Directors of Condominium Associations when it comes time to perform the work. As we said last month, the key to a successful concrete restoration and/or preservation […]
This month, we will initiate a three-part series on legal issues affecting concrete restoration projects. This month, in Part One, we will examine the scope of the problem. In Part Two, we will look at typical issues pertaining to association versus unit owner responsibilities. In Part Three, we will examine […]
Arbitration of Construction Claims
Associations and management companies routinely consider contracts for repairs or maintenance (e.g. painting, roofing, concrete restoration) which contain arbitration provisions in the event of dispute. However, many people do not have a clear idea of what “arbitration” is and whether it is better or merely different than litigation. Arbitration in […]