Condo Defect Lawsuits
Because of how condominiums are built, the materials often suffer from construction defects. If you and your neighbors have invested your hard earned money in a condominium and discovered a building flaw, you and your condominium association may have grounds for filing a condo defect lawsuit. To find out more about your legal rights and options, you’ll need to speak to a skilled condo defect attorney. These issues are often tricky, for example: who has the right to sue, you or the Condominium Association? The answers are fact specific. Wilmington’s Rhine Law Firm, P.C. is experienced in all facets of construction defect litigation and can answer any questions you and your condominium owners association (COA) may have.
Causes for Condo Defects
There are three basic types of construction defects: Improper design, faulty workmanship, and defective building materials. Condos built recently suffer from a higher rate of these defects for several reasons. For one thing, condo buyers were looking for more attractive buildings, not the box-like earlier versions of condos. This led to new designs that, for aesthetic purposes, had more corners, terminations, and roof lines – all of which are potential entry points for water. The flashing is often inadequate to evacuate water that intrudes into the building envelope.
In addition, the boom in condo construction meant that skilled contractors were in short supply, leading to poor workmanship in many cases. Also, many new building materials were being introduced at the time, and many contractors were not familiar with how to use them and some hadn’t been adequately tested. Combine these factors with developers’ use of inferior construction materials, like Chinese drywall, to increase profit margins, and it’s no wonder so many of these condominiums are now plagued by water damage and toxic mold, among many other problems.
Who Can Be Held Liable?
A number of parties can be held liable for a condo defect, depending on the nature of the defect. This could include the developer, the condo’s designer or architect, the contractor, any subcontractors involved, and the manufacturer of any defective building materials.
Types of Condo Defect Damages
In a Wilmington condo defect claim, you may seek compensation for any of the following damages:
- Cost of repairs
- Decline of property value
- Property damage
- Loss of use of the property during repairs
- Cost of temporary housing while repairs are being made
- Personal injury damages if the defect caused injury
- Punitive damages
Statute of Limitations
In North Carolina, the statute of limitations is generally three years from your discovery of the defect. In the case of a defective product, such as a roofing shingle or a joist hanger, the statute of limitations is four years. However, if the defective product caused personal injury, the statute of limitations is just three years. In addition, you will have to deal with a Statute of repose, which is 6 years. In short if your condo issue occurred in Brunswick County, Pender County, or anywhere else in the state, call a lawyer immediately when you find the defect. Delay is NOT YOUR FRIEND.
Condo defect lawsuits can be very complex and involve multiple parties, which is why you need someone on your side who has handled such cases before. The Wilmington condo defect attorneys at Rhine Law Firm, P.C. have extensive experience in construction defect law and also have a stable of construction experts to call upon if needed.
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