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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, February 25, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide real estate counsel with guidance on anticipating unit owner and association claims in condominium developments and creating project documents and disclosures that will minimize litigation risk. The panel will address developing a fair and cooperative process with all design and development stakeholders to deal with likely claims and preemptively handle construction claims to avoid litigation and reduce costs.

Faculty

Robert M. Diamond
Senior Counsel
Reed Smith

Mr. Diamond has practiced real property law in Virginia, Maryland and the District of Columbia for 38 years, with special emphasis on preparing documents for condominiums, planned communities and mixed-use projects, negotiating warranty and construction defect claims, representing community associations and litigating association-related issues in state and federal courts.

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Michael S. Dingman
Partner
Reed Smith

Mr. Dingman's practice focuses on representation of all entities in the construction and real estate industries including Owner/Developers, General Contractors and Subcontractors. He has substantial experience in the preparation and negotiation of construction and design contracts for a variety of commercial and residential projects including office buildings, hotels, manufacturing facilities, condominiums, data centers, hospitals, elder care facilities, mixed use developments and condominiums. Mr. Dingman has significant experience in litigating construction defects claims, including design errors, on behalf of Owners and Contractors. This litigation experience includes cases involving water intrusion and mold claims. He also has significant experience in general commercial civil litigation, in both federal and state courts, and in arbitrations and mediations, with substantial experience in construction-related litigation, real property disputes - including title claims, restrictive covenants, easements, condemnations, and real property tax assessments - and business-related litigation such as breach of contract, fraud and related unfair competition torts. Mr. Dingman has significant experience representing property owners in Fair Housing Act and ADA cases, including HUD investigations. He has significant appellant experience as well with the Virginia Supreme Court and the Fourth Circuit Court of Appeals. Mr. Dingman also has experience in landlord/tenant litigation and land-use related litigation such as partition suits.

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Description

Condominiums and homeowners associations are unique in that the developer creates and funds an entity responsible for making claims against the developer. Both individual unit owners and the owners association have unique warranty rights that generally cannot be waived.

Today developers may invest in a condominium project because of market demand, economics (especially land costs), and the flexibility that the condominium form of ownership offers for mixed-use and complex projects. Although the mechanics of financing, designing, and constructing a condominium are the same as a multifamily rental or office building, the risks of liability are vastly higher. While the thought of doing a condominium development strikes fear in the hearts of some architects, general contractors, and developers, the risks can be managed by careful planning and execution, with appropriate attention to the unique facets of condominium development.

There are three main types of claims: (1) misrepresentation and fraud; (2) violating the condominium act disclosure provisions; and (3) statutory or contractual warranties. In turn, the statutory warranties come in at least two major forms: (1) Uniform Common Interest Ownership Act (UCIOA) (or Uniform Condominium Act) warranties derived from the Uniform Commercial Code provisions governing the sale of goods, and (2) structural defect warranties derived from state law governing defects in the sale of real estate.

Listen as our authoritative panel discusses the liabilities associated with condominium development and how to mitigate risk via compliance with disclosures and implied and express warranties. The panel will discuss best practices for all stakeholders in condominium development to address these risks.

Outline

  1. Source of liability
  2. Statutory warranties
    1. Express
    2. Implied
  3. Risk management
  4. Disclosure documents
  5. Transition of management

Benefits

The panel will review these and other relevant topics:

  • What are the major types of liability claims likely to arise in condominium development?
  • How should real estate counsel handle misrepresentation and fraud claims related to condo projects?
  • What are best practices in developing condo disclosures to avoid future claims?
  • What implied and express warranties can be the form of construction defect claims in condominium development?
  • How can a developer handle the transition of management of condominium development to mitigate risk best?