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Condominiums: Dangerous Defects and Professional Liability

One of a condominium corporation’s most important tasks is to identify, investigate, and resolve construction deficiencies. Construction defects usually include any deficiency in the performing or furnishing of the design, planning, supervision, inspection, construction, or observation of construction to any new home or building, where there is a failure to construct the building in a reasonably workmanlike manner and/or the structure fails to perform in the manner that is reasonably intended by the buyer. Some of the most common and high-cost construction defects include:

  • Structural integrity – concrete, masonry & division, carpentry, unstable foundations
  • Expansive soils
  • Mechanical
  • Electrical
  • Water intrusion (often resulting in toxic mold)
  • Thermal and moisture protection
  • Doors, windows and glass
  • Finishes

Recovering repair costs can be challenging for condominium corporations. The fact that the condominium corporation did not exist during construction limits the types of claims that condominiums can make.

When construction deficiencies arise, developers who stand behind their product will acknowledge the problem and undertake the remedial work.  In other cases, condominium corporations are able to have remedial work done through their new home warranty insurance if they have a policy in place. Unfortunately, if insurance is not available and developers are unable to assist, than condominium corporations are required to repair the construction deficiencies themselves.

HUB International Coastal Insurance Brokers
T: 604.269.1010
E: coastal@hubinternational.com

Original article source: Dangerous Defects and Professional Liability

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