Quote:
Originally Posted by bcp
- right now, a suit can be brought very easily by an HOA, and without majority vote
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To me, this isn't a problem. Generally HOAs are out for their own community's best interests.
Quote:
Originally Posted by bcp
- right now, developers / GCs dont have the right to TRY and fix the work first
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To me , this is a problem. However, I question the GCs who state they were never given an opportunity to complete problems. I am willing to bet that the vast majority of defective construction issues involve the homeowner and/or HOA begging the GC to fix things but never getting a response - which is very common as GCs typically just hope things go away. Here's an example:
"After unsuccessfully negotiating with the general contractor to provide quality repairs, The Point filed a lawsuit in 2011."
http://www.westword.com/news/lawmakers-i...ce-construction-defects-lawsuits-6288212
That said, I am in favor of language that may involves a process to allow a GC to fix problems but that's assuming that the Developer/GC doesn't put a cheap band-aid over things. Typically, in my experience GCs actually do complete repairs (in the punch list phase) but if there's a fight over an issue there can often be an adversarial relationship. Frankly, GCs are often overly defensive about their own crappy work.
Third party inspection is key here, IMO.
Quote:
Originally Posted by bcp
- the cost of the shoddy work does not fall on the homeowner, it falls on the Dev / GC when they have a chance to fix it. if they don't fix it? i agree it should be a legal issue then.
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Seems to me that, really, the homeowner suffers the most in these construction defect issues and is likely to bear some cost whether it's in personal property loss, loss of work, insurance claims, and etc. let alone emotional stress.
Quote:
Originally Posted by bcp
- warranty is standard at 1-year in the industry, but lawsuits can go out 8 years
- changes to the current law don't really land everything on the developer's side...it just makes the system more reasonable, results in more fixing and less suing, yet still protects consumers.
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I'm on board with this.
Quote:
Originally Posted by bcp
- At the end of the day, the consumer will win as well because there will be more housing stock, more density, more walkability, and lower price options (when inventory raises enough).
hope that helps.
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I appreciate the feedback. I still call BS on this law as the reason for sluggish condo development. What about the hotels? Other private development?
And thank you too TakeFive. I think the best way to protect both the consumer and the GC is a qualified third party inspector.
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