By: Washington DC Condominium Warranty Against Structural Defects.

Washington DC Condominium Warranty Against Structural Defects. — Thu, 20 Jul 2023 18:57:28 +0000

[…] Barring an applicable exception, failure to file a lawsuit within the applicable statute of limitations will result in structural warranty and other non-warranty construction defect claims becoming forever barred. One such exception is a “tolling agreement” under which a condominium developer and any other responsible party involved in the construction agree to a suspension or “tolling” of the running of the statute of limitations. A “tolling agreement” is a private contract that courts will enforce, under which the parties agree that the statute of limitations will effectively stop running on a condominium association or unit owner’s warranties and other legal claims for construction defects while they attempt to negotiate a resolution of their construction defect dispute (a “timeout”). The Tolling agreement allows the association or unit owner to negotiate the repair of structural defects and other construction deficiencies without having to file a lawsuit to preserve their legal claims. The Tolling agreement, however, will only stop the statute of limitations from running on construction defect claims against the parties to the agreement. In the absence of any other applicable exception, the statute of limitations will keep running as to construction defect claims against those who are not a party to the tolling agreement. For more information on tolling agreements, see article” “Using Tolling Agreements to Facilitate Developer Negotiations and Safeguard Condo Defect Claims.” […]

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By: Washington DC Condominium Warranty Against Structural Defects.