High-rise residential condominium owners are members of a homeowners association (“association”). Due to the unique nature of high-rise buildings, many of the vertical assembly units (such as HVAC, water and sewer systems) are increasingly at risk for defects which can affect neighboring units as well as the entire project. When the HVAC system, plumbing system or sewer system fails, resulting damage can be extreme and can cost hundreds of thousands of dollars per occurrence. The association (and each individual member through the association) is responsible for damage created by common area defects. These defects are hard to detect before failure. It is important to identify and to remedy these defects within the statutory time periods allowed under the law so that large special assessments are avoided.

Under Code of Civil Procedure § 337.15, an association has a maximum of 10 years to file a legal action for construction defects against its builder. However, please be aware that there are shorter statutes of limitation governed by Senate Bill 800 (SB 800) which range from one year to four years. There are also significant issues connected with three and four year statutes of limitation on discovery. Thus, the homeowner and the association need to be vigilante to identify any symptoms of construction defects which may significantly affect the repair, reconstruction costs, reserves and maintenance of the building.

Water is the active ingredient in the failure of many systems, including both rollers and windows. Water can travel from floor to floor, thus making a defect in a high-rise building more significant then in most condominiums. It is incumbent upon the association, its board and members to discover any potential construction defects as soon as humanly possible so as to avoid future cost and expenses which could dramatically increase regular assessments, special assessments and the long term overall operation and maintenance of the building.

In the event of a construction defect, there are many important aspects counsel will consider in determining the proper course of action. Pursuant to SB 800, if the seller of your home signed the original purchase agreement on or after January 1, 2003, the home is subject to several building standards. Thus, the developer who built your home, the subcontractors who supplied labor and materials, and/or other design professionals involved in the planning or construction of your home may each be liable for failure to meet these standards. The statutory framework affecting your case and the association’s governing documents are examples of the tools our attorneys will utilize to best represent your interests in litigation.

Silldorf & Levine, LLP is a team of powerful advocates with the experience needed to handle your construction defect claim and put you back on the road to recovery. We focus the majority of our resources on the representation of residential property owners, including single-family homeowners and community associations, in construction defect litigation. Our lawyers draw upon their extensive litigation experience to more effectively represent both homeowner and community association clients. The attorneys at Silldorf & Levine, LLP have recovered hundreds of millions of dollars for our clients. It is our goal to provide sound legal counsel and compassionate, easy-to-understand explanations of your case.