Multifamily Construction Defect Claims (Part 2)
In this 2 part blog post I wanted to touch on some basics of the typical “multifamily” construction defect case. Whether the project is a condominium, apartment, assisted living facility or hotel they share many of the same issues. There are six primary considerations in bringing these claims but each of those has many subparts which depend on specific facts of the project. Considerations 1 to 3 are here. The fourth consideration is the type of recovery available. Generally the cost of repairing the defective condition is the damage that can be recovered. In the event that such repair would be economically wasteful courts may consider diminution of value to be a valid damage. In addition, depending on the type of property there may also be lost rents, lost profits claims for the time that the property was not able to be used for its intended purpose or for partial loss...