Community Association Law

Construction Defects

Michigan Condominium and Homeowners’ Associations are responsible for the maintenance and repair of the general common elements in an Association. While many Boards budget for repairs and maintenance of the common elements over an extended period of time, many Associations are unprepared to deal with the discovery of construction defects.  Construction defects can be financially devastating to a Condominium or Homeowners’ Association and the failure of a Board of Directors to appropriately investigate and respond to construction defects can often be very costly to an Association.

Common element construction defects that Condominium and Homeowners’ Associations often encounter include:

  • Collapsing retaining walls resulting from improper installation
  • Cracking in the foundation or drywall caused by concealed foundation issues
  • Electrical wiring that is not properly installed within common element walls
  • Flooding caused by improper installation of the underground storm water drainage system
  • Heaving or cracking of concrete porches, driveways or sidewalks due to poor drainage
  • Leaks, mold and other water issues caused by improperly installed roofing, siding, flashing and/or windows
  • Noise related to insufficient insulation and poor sound protection
  • Pipe bursts that result from a failure to insulate common element pipes
  • Premature road failure resulting from failing to test and/or account for soil conditions, improper use of base course materials or drainage issues
  • Missing or improperly installed trusses, which compromise the structural integrity of the roofing and/or building.

CMDA attorneys are experienced in pursuing construction defect claims against architects, builders, contractors, developers, and engineers.