http://www.njlawblog.com/deborah-s-dunn.html Deborah S. Dunn practices in the Community Associations group where she concentrates her practice on advising community association boards and property managers on matters including the creation and enforcement of rules and regulations, developer transition, fair housing compliance, and litigation arising from construction defects and contractor service agreements. en-us Copyright 2009 Tue, 11 Mar 2008 13:43:13 -0500 Fri, 10 Apr 2009 12:54:45 -0500 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss

It is imperative that a specific procedure be put into place and followed with respect to construction issues that arise at an association during transition or when an association is involved with or anticipates litigation with its developer and/or subcontractors. Evidence of complaints, including phone logs, correspondence or electronic communications from home owners, estimates, work orders and proposals should be well documented and maintained in an organized fashion so that all such evidence can be presented when and if necessary.


In the event repairs are necessary, consideration must be given to preserving developer and contractor warranties. No work should be initiated without notifying all potential defendants of the anticipated work, and when applicable, confirming with your attorney that completing the work will not compromise the Association’s position in any pending or future litigation. When work is done without taking proper steps to ensure that all potential legal claims are protected, the potential value of a case could be significantly diminished.


It is important to work with contractors that are experienced with transition/litigation cases and capable of documenting evidence that may be necessary to present at trial. Such contractors will submit detailed estimates or proposals prior to completing work, take photographs and otherwise document what observations are made, and what work is done and submit detailed invoices after completing work. It is also important for the contractor to possess qualifications sufficient for him/her to testify at trial on the Association’s behalf, if necessary.]]> http://www.njlawblog.com/2008/03/articles/community-associations/repairs-during-transition-or-litigation/ http://www.njlawblog.com/2008/03/articles/community-associations/repairs-during-transition-or-litigation/ Community Associations Tue, 11 Mar 2008 13:43:13 -0500 ddunn@stark-stark.com (Deborah S. Dunn)