If the original construction of the plumbing in a condo building was not done properly causing mold and water damage in a unit, who is responsible?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the original construction of the plumbing in a condo building was not done properly causing mold and water damage in a unit, who is responsible?
Additionally, if the Association is covering remediation and repairs through the insurance, does the owner have the right to choose the contractor used for the interior unit repairs?
Asked on May 17, 2012 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Generally, for a construction defect, the contractor(s) who performed the defective work can be held liable, as can the builder(s); while the exact parties who will be liable will vary by the facts of the case, those are the ones the homeowner would typically look to impose liability against. Note that Maryland has a three year statute of limitations, so a lawsuit must be initiated within 3 years--typically, of the bad construction, but if it takes time for the situation or problem to become obvious, the homebuyer can often take action up to 3 years after the discovery of the problem (or at least up to three years after a reasonable homebuyer should have been able to discover it).
Whether the owner has the right to choose the contractor depends on 1) the HOA agreement, if it is pursuant to the HOA agreement that the repairs are being made; or 2) whatever agreement or settlement is made between this specific homeowner and the HOA in this case. If an agreement givest the homeowner the right to chose the contractor, he or she can; in the absence of such a contractual right to chose, the HOA would be able to select and control the contractor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.