Condominiums

Condominium Construction Defects

In the state of California, the definition of a condominium is outlined in California Civil Code Section 1351(f) as follows:

“A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.”

However, for all the benefits of condo living, studies of construction defects in the housing industry show that defects and deficiencies are more commonly found in condos than in townhouses or single-family homes. These deficiencies and defects are blamed on poor workmanship, using inferior materials, or cutting corners.

Typically, the Association is responsible for maintaining the common areas, which normally include the streets, landscaping, sidewalks, pools, clubhouses, and in most cases, the exteriors of the buildings. However, recently, Associations come in a myriad of shapes and sizes and are uniquely defined in the CC&R’s.  A review of the governing documents is vital in determining what rights if any, the Association has to bring a claim.

Among the types of construction defects found in condominium construction are:

• Leaks – Leaks occur most commonly in facades, balconies, and windows. New condo developments often use design elements of sleek walls and large windows for urban views, but this requires multiple parts. The failure of one element, or faulty installation of an element, can result in serious leaks and water damage. Windows can be poorly installed, as well. Water creates serious and expensive problems to repair, such as mold and dry rot.
• Poor ventilation can lead to noxious odors, such as smoke and cooking odors, seeping into neighboring residences. In some instances, this may be due to inadequate fire protection.

Other issues can include poor soundproofing, exterior stucco failure, roofing, and balcony defects.

We Have a Deep Bench of Experts

You can’t win a construction defect dispute without experts. And we have the best in the business. Chaix Law has a deep bench of forensic architects, engineers, contractors, and others who will assess and analyze the construction defects in your condominium and testify knowledgeably on your behalf.

Before mediation, litigation, or arbitration, however, we will attempt to negotiate a reasonable resolution with the builder. Due to our extensive experience in the industry, we can leverage these relationships and have the best chance of settling your claim with the insurance carrier for the developer.