Condo Defects 2017-10-14T19:28:36+00:00

Condo Defects

A unique understanding of condo defects.

Kansas and Missouri condo owners, HOAs, property managers, and real estate agents call on our construction defect attorneys for our unique knowledge and experience resolving condo defects. Unlike many construction attorneys, we understand the technical side of construction. This allows us to have meaningful conversations with contractors, engineers, and other professionals involved, which often leads to greater results in construction defect litigation.

Depending on your construction litigation needs, we may be able to offer alternative billing structures including contingency fee arrangements.

Condo Construction Defect Solution Path

Investigation Phase – Board Lever & Board Member Due Diligence

    • Identify areas of concern and specific problems or damage. On-site attorney inspection.
    • Independent expert inspections of common areas. Document conditions with photographs, notations or other evidence creation.
    • Executive Session meetings with the board to review and assess expert investigations and initial counsel evaluations.

Evaluation Phase – Owner Education of Findings and Evaluation

    • Information gathering from owners for input on unit issues and common area damage. Written or in-person surveys may be performed.
    • Inspections of individual units by experts to assess survey feedback.
    • Obtain qualified contractor detailed repair estimate on guaranteed maximum price (GMP) or equivalent basis.

Claim Phase – Pre-Litigation Claim and Builder Engagement

    • Initial contact with Builder/Developer to assess viable options for repair or resolution of claim.
    • Confidential meeting between Board and Counsel evaluating claim options and builder/developer response or role.
    • Builder/Developer inspections of areas identified by experts and owners. Possible exchange of expert reports with Builder/Developer.
    • Determination of opportunity for pre-litigation resolution in consultation between Board and counsel.

Notice Phase – Formal Notice of Claim 

    • Send formal notice pursuant the HOA’s dispute resolution provisions per declarations.
    • Send formal notice of claim pursuant to state statute. Manage notice of claim process.
    • Consultation between Board and counsel on any proposed resolution by Builder/Developer.

Suit Phase – File and Prosecute Lawsuit

    • Preparation of lawsuit in applicable state court.
    • Determine expected process of pre-trial scheduling relating to addition of parties, initiation of discovery and development of litigation plan.

How We Can Help You

Not Afraid of the Dirty Work

Our construction defect attorneys will come to you, attend your meetings, and even inspect your property firsthand using moisture meters and infrared imagery. We can build models, follow engineer calculations, and more. Our goal is to maximize your recovery.

Don’t Pay Out of Pocket

Condo defects can result in large repair bills and special assessments that often drive down the value of your investment. When you work with our construction defect litigation attorneys, we can help you force the responsible party to pay for the repairs and reimburse you for repairs you had to make yourself.

Types of Cases

  • Construction defects
  • Architectural errors
  • Engineering errors
  • Building code violations
  • Moisture leaks
  • Failure to disclose
  • Fiduciary breaches
  • Fire suppression
  • Floor sagging
  • Foundation errors
  • Framing defects
  • Misrepresentation
  • Negligence
  • Removal of developer
  • Garage defects
  • Roofing leaks
  • Steel failures
  • Structural failure
  • Walkway defects
  • Wall movement
  • Waterproofing errors
  • Driveway defects

Types of Cases

  • Construction defects
  • Architectural errors
  • Engineering errors
  • Building code violations
  • Moisture leaks
  • Failure to disclose
  • Fiduciary breaches
  • Fire suppression
  • Floor sagging
  • Foundation errors
  • Framing defects
  • Misrepresentation
  • Negligence
  • Removal of developer
  • Garage defects
  • Roofing leaks
  • Steel failures
  • Structural failure
  • Walkway defects
  • Wall movement
  • Waterproofing errors
  • Driveway defects

Contact Us

Mike Hughes

913.291.1013
mhughes@mgbp-law.com

Meet Mike

Daniel Estes

913.529.6122
destes@mgbp-law.com

Meet Dan

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