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 | Aug 31, 2020
Fenestration alliance updates fenestration sealants guide
First update to 2009 document.
Codes and Standards | Aug 25, 2020
Platform will allow researchers to test energy system integration at scale
The U.S. Department of Energy’s (DOE’s) National Renewable Energy Laboratory (NREL) recently launched the Advanced Research on Integrated Energy Systems (ARIES) platform.
Codes and Standards | Aug 20, 2020
Wariness of elevators may stymie office reopening
Workers could balk at returning to high-rises.
Codes and Standards | Aug 19, 2020
Existing laws may be restricting efforts to cut carbon emissions
Outdated policies favor fossil fuels.
Codes and Standards | Aug 18, 2020
Florida becomes the third state to adopt concrete repair code
Sets minimum requirements for design, construction, repair of concrete structural elements in buildings.
Codes and Standards | Aug 17, 2020
ASCE seeks comments on seismic standard
Pertains to design criteria for nuclear facilities.
Codes and Standards | Aug 13, 2020
COVID-19 reboot guide offers strategies for reopening K-12 schools
Looks at space considerations for reopening at different scales.
Codes and Standards | Aug 12, 2020
Document provides guidance for mass timber construction
Overview of Intl. Building Code requirements included.
Codes and Standards | Aug 11, 2020
Inefficient air conditioning is a key contributor to global warming
More efficient equipment and buildings could make a big difference.
Codes and Standards | Aug 10, 2020
Concrete Institute and Post-Tensioning Institutes expand partnership
Will collaborate on new structural post-tensioned concrete code requirements.