Condominium & HOA Warranty Claims
Maryland and Washington, D.C.
The links below discuss condominium and HOA construction defect warranty claims in Maryland and Washington, D.C. This includes an overview of how condominium associations and HOAs successfully resolve construction defect disputes developers and builders, including how to assert and preserve warranty claims in Washington in Maryland and the District of Columbia. In addition to reviewing the warranty claims available to condominiums and HOAs, the links below also contain an overview of tother legal remedies for construction defects discovered in condominiums in homeowners associations in Maryland and Washington DC.
Maryland
Resolving Construction Defect Warranty Disputes – MD Guide
Washington, D.C.
Resolving Construction Defect Warranty Disputes – DC Guide
Warranty Against Structural Defects
Recovering Attorney’s Fees & Treble Damages
NOTE REGARDING AUTHOR: Nicholas D. Cowie is a Maryland and Washington DC condominium attorney known for resolving condominium and HOA construction defect warranty claims with condominium developers and builders. Mr. Cowie served as trial counsel in The Milton Company v. Council of Unit Owners Bentley Place Condominium case, in which a jury returned a $6.6 million judgment in favor of a condominium association against a developer for construction defects, including a verdict favor of the association and against the developer for breach of express and implied construction defect warranty claims. See article: 6.6 Million Dollar Jury Verdict for Condominium Association Plus Award of $500,000 in Attorney Fees. Mr. Cowie and Cowie Law Group attorneys Stanford Kimmel and George Bealefeld also served as legal counsel in the Eden Brook Condominium case in which a jury awarded 5.6 million dollars to an association for various claims, including breach of express and implied construction defect warranties. See article: Construction Defect Attorneys Obtain 5.6 Million Dollar Construction Defect Jury Award for Maryland Condominium.
Mr. Cowie drafted and promoted the legislation that amended the Maryland Condominium and HOA warranty statutes. Mr. Cowie’s legislation was passed by the Maryland General Assembly signed into law by Maryland’s Governor. The amendments drafted by Mr. Cowie guarantee that the warranty time periods for giving notice of defects under the Maryland Condominium and HOA warranties can never expire earlier than two years from the date that the condominium developer turns over majority control of the condominium association to resident unit owners. Prior to this amendment many warranty claims that a condominium associations and HOAs could assert were expiring before or shortly after the developer turned over control of the association to the homeowners, leaving the homeowner-controlled association with inadequate time to pursue construction defect warranties. In many cases, condominiums would not have sufficient time to identify and bring warranty claims to the attention of the developer within the warranty time period and before the statute of limitations expired. See article: Amendments to the Title 11 Warranties that Extending Warranty Time Periods. Nicholas D. Cowie also drafted and promoted the legislation, passed by the Maryland General Assembly, which prevents condominium developers from shortening the statute of limitations on construction defect warranty claims in Maryland. See article: Maryland Law Preventing Condo Developers from Shortening Statue of Limitation’s on Construction Defect Warranty Claims. Prior to this legislation, some condominium developers were inserting provisions in their contracts which shortened the statute of limitation’s to one year, causing many condominium construction defect warranty claims to expire years before they normally would and preventing associations from seeking redress for latent construction defects.
Mr. Cowie also established the construction law course at the University of Baltimore School of Law where he taught law school students construction law is an adjunct law professor, including how to apply and utilize the construction defect warranties in Maryland. Cowie is also the instructor for the community association institutes (CAI) course for managers and homeowners entitled: “Successful Strategies for Resolving Construction Defect Disputes with Developers.” Contact Mr. Cowie for a consultation on the condominium construction Defect Warranties in Maryland.
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NOTE ON LEGAL ADVICE APPLICATION OF CONSTRUCTION DEFECT WARRANTY LAWS: The linked articles on this page should not be relied upon as a legal advice applicable to any specific case concerning condominium warranties and other construction defect claims in Maryland the District of Columbia. The application of construction defect warranties in Maryland and Washington D.C. is a highly complex area of law, and there are numerous exceptions, loopholes, strategies, and legal theories that can only be appreciated through years of experience. These variables which can affect the application of condominium construction defect warranty claims include the facts of each case, such as the date that a defect was discovered, the dates that each unit owner took title to their unit, the date of the transition committee turnover meeting, the governing documents, and many other factors. In addition, there are statutory deadlines for giving notice that vary by case, depending on the facts, as well as statute of limitations deadlines which also vary by case depending on the facts. Applying and rendering opinions concerning condominium construction defect warranties requires an analysis of the documents and facts particular to each case by an attorney who is experienced, and well-versed, in condominium construction defect law. Contact one of the experienced condominium construction defect lawyers at Cowie Law Group, P.C. for a consultation relative to your condominium’s specific situation.