Pre-Litigation Requirements For Condo Associations

When general contractors, subcontractors, and design professionals face claims or lawsuits arising from original construction or remediation of condominium projects, one of the most important—and also sometimes one of the most difficult tasks—has always been to catalog, usually by unit number, every item of claimed damage by Plaintiff. This can be a challenge when individual unit owners do not personally live in the units and rent them to others. Owners must advise the condo association about their damages. The association may or may not compile the damage information. Often times, this work is not performed until after suit has been filed, which means that defense counsel's ability to evaluate the claim quickly may be hampered.