Construction Defect and Transition Litigation
MBM attorneys are, without question, the most experienced lawyers in the Commonwealth when it comes to representing condominium associations with regard to complex issues that arise during the transition of the association from developer to unit owner control.
In a very real sense, principals of the firm wrote the play-book when it comes to investigating, assessing, litigating and resolving construction defect disputes. Our team of lawyers has extensive experience guiding unit owners pre-transition, and condominium association post-transition, through the entire process. From engaging and working with forensic engineers and architects, evaluating the viability of the claim, establishing and maintaining open lines of communication with the unit ownership prior to initiating suit, to obtaining pre-judgment security and resolving the claims through trial, mediation or settlement, the lawyers of MBM bring a depth of knowledge obtained through decades of work in the trenches. The strategies we employ have been developed, not in the classroom or library, but in the real world in connection with the successful resolution of over a hundred such matters.
Our ability to marshal an association through transition disputes is not limited to construction defect cases. Associations often learn after transition that the association’s finances have not been handled as the governing documents and good practice demand. Lawyers of the firm have tackled complex financial issues involving the developer’s failure to properly fund reserves, artificially deflating common expense fees during the marketing phase and utilizing trust funds to pay for construction defect repairs or other expenses that should have been borne by the developer.
In a very real sense, principals of the firm wrote the play-book when it comes to investigating, assessing, litigating and resolving construction defect disputes.
In addition, in many phased condominiums, disputes arise around the developer’s exercise of reserved rights. Many times a developer may have over-stepped its power and authority and taken actions which are inconsistent with the condominium’s governing documents to the detriment of the condominium association. A developer might, for instance, submit units to condominium status after its reserved phasing rights have expired. A developer might submit, or attempt to submit, units in a subsequent phase that are subject to a construction or other mortgage. A developer in a stalled project may seek to compel the association to pay for the value of unfinished construction on the common area. Lawyers at MBM have “seen it all” and can assist an association in maximizing its leverage by properly framing the association’s claims and utilizing a strategic approach to secure the association the compensation to which it is entitled.