This straightforward guide gives managers a basic understanding of the elements of construction defect claims so they can advise their clients, recommend professionals and monitor the claims process. Though focused on California claims, the information provided in this guide will be useful to all community managers.
Content
Introduction
Chapter One: What Are Your Client’s Objectives?
Chapter Two: What Are Construction Defects?
Chapter Three: What Are a Property Owner’s Legal Rights?
Who Can Sue for Construction Defects?
Typical Defendants
What Legal Theories are Available to
Community Associations and Building Owners?
Establishing Liability
Chapter Four: Limitations on the Right to Sue
Statutes of Limitation
Statutes of Repose
Contractual Limitations on Actions
Tolling Statutes of Limitation or Repose
Chapter Five: Special Issues for Community Associations
Time Limit Traps
Member Vote Requirements
Inspection Requirements
Binding Arbitration Provisions
Chapter Six: Damages
Cost of Repair
Condominium Conversions
Litigation Costs and Expert Fees
Attorney’s Fees
Business Losses
Chapter Seven: Sources of Recovery
Liability Insurance
Surety Bonds
Personal or Corporate Assets
Chapter Eight: Alternatives to Litigation
Informal Negotiations
Title 7 – Alternative Dispute Resolution and “Right to Repair”
Formal Mediation
Arbitration
Chapter Nine: Commencing Litigation
The Complaint
The Response
Chapter Ten: Evidence
Expert Testimony
Documents
Investigation
Interrogatories, Requests for Admission, and Depositions
The Role of the Court or Special Master in the Discovery of Evidence
Working with Owners and Tenants
Chapter Eleven: Mediation
Choosing a Mediator
Mediation Statements
Client and Manager Participation
The Mediation Process
Considerations in Assessing the Value of a Case and its Readiness for Settlement – reviewing the Evidence with the Client and the Experts
Determining If an Offer is Acceptable
Closing out the Case
Chapter Twelve: Trial and Appeal
Chapter Thirteen: Choosing an Attorney
Consult the Association’s or Owner’s General Counsel
Make a Warranty Claim
Seek the Advice of an Independent Expert
Interview Several Law Firms
Chapter Fourteen: Attorney Fee Agreements
What are the Fee Agreement Options for Litigation?
Hourly Fee Contract
Contingent Fee Contract
Hybrid Arrangements
Which Agreement Is Right For My Client?
Can Other Lawyers Share an Attorney’s Fee?
Conclusion
Authors
Chart of Title 7 Standards and Periods of Limitation (Revised To NDS)
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