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Articles and news from our firm.Liability for Wood Floor Installation in Unit
Baldwin v. Village Walk Condo., Inc., No. FSTCV085007925S, Conn. Super. Ct., Nov. 19, 2010. A Connecticut condo owner recently sued her neighbors, her condo association, and the property management company for 42 claims resulting from her upstairs neighbors’...
Court will Uphold Liquidated Damages so long as Reasonable at the Time of Contracting
Originally posted on July 16, 2013 by Ansley K-Con Building Sys., Inc. v. United States, 97 Fed. Cl. 14 (2011). K-Con, a design-build contractor, entered into three separate contracts with the United States Coast Guard for the design and construction of pre-fabricated...
Act’s Definition of “Occurence” Only Applies Prospectively
Originally posted on December 6, 2012 by Ryan The South Carolina Supreme Court held unconstitutional the retroactivity clause in S.C. Code Ann. Section 38-61-70, which was made effective on May 17, 2011. The Act defines “occurrence” in a commercial general liability...
Notice of Arbitration Must Appear on First Page of Master Deed to be Enforceable
Originally posted on November 19, 2012 by Ansley In Richland Horizontal Prop. Regime Homeowners Ass’n, Inc. v. Sky Green Holdings, Inc., the Court of Appeals upheld the trial court’s ruling that an arbitration clause on a master deed was unenforceable. In this case, a...
Court Finds Developer not in Contempt for Stormwater Damage to HOA
Originally posted on August 7, 2012 Ex Parte: Lipscomb v. Stonington Devel., No. 4961 Respondents/property owners filed suit against a developer for property damage caused by stormwater runoff. The circuit court judge issued an order granting a permanent injunction...
Tenant’s Failure to Surrender Possession of Premises Allows Lessor to Retain Security Deposit
Originally posted on August 7, 2012 by Ryan Atlantic Coast Builders & Contractors, LLC v. Lewis, No. 27044. Atlantic entered into a commercial lease for property owned by Lewis. After taking possession of the property and making improvements to it, Atlantic...
Liability of a Parent Corporation for Construction Defects
Originally posted on August 7, 2012 by Ryan Magnolia N. Prop. Owners Ass’n, Inc. v. HeritageComm. Inc., No. 4943. A property owners association (POA) filed suit for construction defects in a condominium complex. Appellants are three corporations: HCI (parent...
Contractors: You Must Timely File Notice of Claims with Your CGL Carrier
Originally posted on February 27, 2012 by Ryan Sheehan Constr. Co. v. Continental Casualty Co., 938 N.E. 2d 685 (Dec. 2010). A contractor failed to provide its CGL insurance company with notice of claims against it for over two years. The underlying claims were based...
Recent SC Case on Enforceability of Liquidated Damages
Originally posted on February 27, 2012 by Ryan The South Carolina Court of Appeals in Erie Ins. Co. v. Winter Constr. Co., 393 S.C. 455, 713 S.E.2d 318 (Ct. App. 2011), held that the administrative burden provision in a Subcontract was enforceable. The provision...
ADA Pool Regulations and Community Associations
Originally posted on February 22, 2012 by Ryan In 2010, the Department of Justice (DOJ) issued revised requirements for the Americans with Disabilities Act (ADA) regarding accessible swimming pools. In light of these new regulations, many community associations have...
Risk Management Assessment for Condos and HOAs
Originally posted on February 13, 2012 by Ryan Here is a link with tips on how to be sure you are covered by your association’s Directors and Officers (D&O) insurance. This site and any information contained herein is intended for informational purposes only and...
Association Meetings Must be Properly Noticed
Originally posted on December 12, 2011 by Ryan Bd. of Managers of Park Regent Condo. v. Park Regent Assoc., No. 2009-04227, N.Y. Supr. Ct., App. Div., March 30, 2010. A condominium regime in New York was recently involved in litigation over the validity of an...