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Economic Loss Doctrine Inapplicable to Condo HOA suit

by Kent Holland | Jul 27, 2021 | Newsletter Article

Condominium Association (HOA) was not barred by the economic loss doctrine from suing construction professionals, including the general contractor, that designed and constructed the condominium complex.   The suit was for damages from cracking concrete and various...

Architect Not Liable for Implied Warranty of Habitability

by Kent Holland | Feb 9, 2016 | Newsletter Article

Problems developed at a condominium complex several years after construction because air and water infiltration was damaging interior flooring and finishes. The condominium association filed suit against a number of the parties involved in the design and construction...

Arbitration Decision in Condo Claims Against Contractor Constituted Collateral Estoppel, Barring Subsequent Litigation by Condo against Architect

by Kent Holland | Aug 11, 2014 | Newsletter Article

By J. Kent Holland Jr., Esq. ConstructionRisk Counsel, PLLC Where a condominium association filed suit against the Architect that designed certain repairs for balconies, summary judgment was properly granted to the architect on the basis that previous arbitration by...

A/E Statutory Duty to Safeguard Public Safety and Welfare Does not Establish a Duty of Care Owed to Specific Condominium Purchasers

by Kent Holland | Oct 29, 2013 | Newsletter Article

Suit by Condominium Owners Association (COA) against consulting firm that prepared a property condition assessment (PCA) was dismissed by court on summary judgment motion for failure to show that consultant owed a duty of care to the condominium owners who purchased...

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