Background: No Involvement in Construction
A condominium building's balconies were discovered to have
been deficiently designed and constructed after water infiltration
and wood rot occurred to the building. The condo corporation
commenced litigation against various parties involved in the
construction including the developer of the building.
The developer was alleged to be liable in negligence and to have
breached its fiduciary duty to the subsequent owners of the
condominium units for providing units that were unreasonably fit
for habitation and for not being constructed in a good and
workmanlike manner.
The developer successfully applied for summary dismissal on the
basis it was not involved with the design or construction of the
building. The chamber's judge agreed and held a developer
cannot be liable in tort for construction deficiencies unless it
was actually involved in the physical construction. The condo
corporation appealed.
