The Appellate Division of the New York state court upheld a ruling last week that makes it easier for condo boards suing over construction defects to recoup money that investors earned from the project.
The court ruled that a condominium board does not have to prove a fiduciary or confidential relationship between itself and the building’s sponsor when suing over construction defects. The decision reverses a 2013 ruling that a condo board needed to prove a connection to investors to recoup funds from them for shoddy construction.
A lawyer working for the condo board involved in the case said investors can now be liable for shoddy construction, so they must be extremely cautious about the quality of the developers with whom they work. Another lawyer cited in an article by The Real Deal questioned whether this case would have such a sweeping impact, though.
It may be that courts interpret the case more narrowly due to specific language in the offering plan of the development.
Related Stories
Codes and Standards | Jan 3, 2022
Controversial California solar power incentive proposal would reduce subsidies
Plan intended to encourage customers to install power storage systems.
Codes and Standards | Jan 3, 2022
New York City bans new gas hookups
Applies to gas stoves, boilers, and heaters in new buildings and buildings that undergo gut renovations.
Codes and Standards | Jan 3, 2022
New engineering guide on fire safety for very tall buildings released
Topics include emergency egress, fire resistance, building envelope, suppression, detection, alarms, and smoke control.
Codes and Standards | Dec 22, 2021
Updated ASCE 7-22 standard includes first-ever criteria for tornado-resistant design
New document provides up-to-date, coordinated loading provisions for general structural design.
Codes and Standards | Dec 21, 2021
Outdated and redundant building codes plague St. Louis area development
Region’s combined codes nearly double the length of the IRS Code.
Digital Twin | Dec 20, 2021
Groups ally to advance augmented reality and digital twin technology
AREA and Digital Twin Consortium to work on improving how technology components interoperate.
Codes and Standards | Dec 20, 2021
Tension rises in California over state’s push to build more housing
Attorney general hints at lawsuits against cities that don’t comply with zoning reform.
Codes and Standards | Dec 17, 2021
Tension rises in California over state’s push to build more housing
Attorney general hints at lawsuits against cities that don’t comply with zoning reform.
Codes and Standards | Dec 16, 2021
Home builders defeat proposed Oklahoma energy conservation code upgrade
Builders cite high home prices for opposition.
Codes and Standards | Dec 16, 2021
Laws and regulations complicate growth of community solar gardens
New projects stymied by utility resistance and legislative restrictions.
