https://cowielawgroup.com/written-defect-repair-agreements-construction-defect-attorneys-use-them-with-developers-to-avoid-disputes-and-effectuate-proper-repairs/ A Construction, Condo, Business and Litigation Law Firm Mon, 27 Feb 2023 21:56:11 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://cowielawgroup.com/written-defect-repair-agreements-construction-defect-attorneys-use-them-with-developers-to-avoid-disputes-and-effectuate-proper-repairs/#comment-1652 Mon, 27 Feb 2023 21:56:11 +0000 http://cowiemott.com/?page_id=947#comment-1652 […] This framework for negotiating the method and scope of repair promotes accountability and finality. It can be employed on a larger scale when a condominium association is negotiating repair of multiple defects discovered during a transition deficiency study. Each repair agreed upon by the parties can be specified in writing and become part of an agreement under which the developer agrees to perform specified repairs pursuant to a specific method and at all the specific locations where the defect exists in accordance with applicable construction standards. In some cases, it is appropriate to incorporate these agreed-upon repairs into a larger repair agreement that can also provide for future repair related activities and contingencies, such as resolution of disputes over repairs that arise during the repair work, unforeseen conditions discovered during repairs, provisions for having the association’s consultant inspect and approve the developer’s repair work, reimbursement of construction defect related expenses incurred by the condominium association, including consultant inspection fees, attorney’s fees, and defect evaluation and defect-related repair costs previously incurred by the condominium association. See Article: Written Construction Defect Repair Agreements for Condominium & HOA’s. […]

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