Scott Mollen Alleged Condo Construction Defects: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Bd. of Mgrs. of 325 Fifth Ave. Condo v. Cont'l Residential Holdings LLC," where a condominium board's lawsuit against the management company based on alleged construction defects was dismissed.
February 14, 2023 at 01:19 PM
17 minute read
Condominiums—Condo Board's Lawsuit Against Management Company Based on Alleged Construction Defects Dismissed—Defendants Asserted That They Did Not Breach Their Contracts and the Management Company Acted as a 'Typical Managing Agent'—Defendants Argued That Plaintiffs Were Attempting To Impose a Nonexistent Contractual Duty on the Manager—Unsigned Contract May Be Enforceable—the Proximate Cause of The Damages Appeared To Be Work Done by the Sponsor
A plaintiff condominium board of managers (board) and a condominium (plaintiffs) commenced an action seeking to recover damages arising from alleged construction defects, including defects related to the building's balconies.
The defendant project management company (PM) and management company (manager) moved for summary judgement dismissing all claims. The court granted the defendants' motion.
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