Is there a "best suited" law firm for Developer Turnover Transition to Homeowners?

HIRING TWO LAW FIRMS

 

Every condominium association should have a general counsel under retainer to advise on day-to-day operations and ongoing legal issues.  During the transition period, general counsel can be of great assistance to a new Board in getting acclimated to the varied requirements:

 

‚    Documents

‚    State Statutes

‚    State Administrative Rules & Regulations

‚    Common Law (court-created law) Governing Condominium Operations

 

The transition period is also the time for the construction quality of the building and improvements to be evaluated and for Association financial operation during the period of developer control to be scrutinized.  The type of law firm best suited to assist in the evaluation and to negotiate a resolution of possible claims is a trial firm experienced in negotiating and litigating condominium construction and accounting claims.

 

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So you think you have Chinese Drywall, what next?

THE CASE OF THE SMELLY DRYWALL - "CHINESE DRYWALL"

We have been visited by several prospective clients concerning drywall in their home that is causing bad odors, has damaged copper air-conditioning and electrical components and may be making their family members ill.

We represent one of the affected Lennar owners and they are working things out with Lennar. Lennar is gutting their house, repairing all damaged electrical and air-conditioning components and putting it all back together.

Lawyer Challenges How Builders Are Handling Chinese Drywall

Is Chinese Class Action Suit The Best Way To Go, No, Says Sarasota Construction Lawyer, Alan Tannenbaum

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AIA Owner/Architect and Owner/General Contract Forms - Beware of Arbitration Glitch

AIA contract forms are popular for major community association repair contracts. Unfortunately, the AIA (American Institute of Architects), presumeably to shield architects from liability, long ago created an arbitration glitch in instances where the Owner/Architect and Owner/General Contractor Contract forms are being utilized for a given project. The glitch is that the Owner/Architect form prohibits the architect (absent the architect's agreement) from being joined in an arbitration proceeding between the owner and general contractor.

Where defects in the work are a result of both design and construction flaws, this glitch can create a major dispute resolution headache.

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Proving What Was On Major Rehab Projects

Every remedial project has the potential of causing damage to building components and personal property. It is typical to charge back the contractor for such damage. Remedial projects requiring work on both the common elements and unit interiors present special challenges in documenting such damage. Balcony slab rehab work on a hi-rise where the slab deterioration extends into the unit is a classic example. In order to complete the job, sliders may have to be removed, carpets or tile pulled up, draperies and window coverings removed and furniture moved. At the end of the job, all this needs to be replaced or reinstalled.

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