Mitigating Liability in Condo Developments: Warranties, Disclosure and Construction Claims

Mr. Diamond concentrates on real property law, with special emphasis on the planning and development of condominiums, mixed-use projects and planned unit developments, preparing community association documents for developers and builders. His practice includes risk management for developers/builders, ensuring compliance with secondary mortgage market requirements (FNMA, FHLMC, VA, FHA, VHDA), negotiation of warranty and construction defect claims, and general representation of community associations. More recently, Mr. Diamond has worked on a number of commercial, hotel and continuing care retirement condominiums as well as litigating association-related issues in state and federal court. His clients include condominium and homeowners associations; developers of new and conversion residential, office and mixed-use condominium and PUD projects; lenders providing construction and permanent financing and assessment-based loans for condominiums and planned communities; and management companies and insurance companies working with community associations. Mr. Diamond has been active in the development of legislation concerning condominiums and planned communities for over 35 years. In that time, he has significant and notable accomplishments, including serving as one of four drafters of the Uniform Condominium Act for the National Conference of Commissioners on Uniform State Laws (which is now the Uniform Laws Commission).

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.