Construction Defects

Although we view litigation as a last resort; we have broad experience in successfully litigating association construction and financing defects. We do not represent developers, their subcontractors or material men.

Some of the many deficiencies we handle are:

Some examples of road issues we have addressed include: cracks, ponding, sink holes, defective wearing course, defective sub course, insufficient curb reveal, defective storm sewer inlets/catch basins, failed curbing.

Some examples of deck issues we’ve addressed include: improper or non-existent flashing, improper footings, and water infiltration.

Fire Wall Construction
Some examples of fire wall issues we’ve addressed include: missing fire walls, improper fire wall/roof deck assembly, improper fire wall penetrations, and use of defective fire retardant treated plywood.

Grading, Drainage, Ponds & Detention Basins
Some example of grading, drainage, pond and detention basin issues we’ve addressed include:  foundation settling, basement water infiltration, sink holes, cracked and improperly installed storm water pipes, improper or defective pond liners, pond siltation, defective inflow, outflow and lowflow channel structures.

Landscaping & Irrigation
Some examples of landscaping and irrigation issues we’ve addressed include: dead/diseased trees, improper installation, improper species, defective irrigation pipes, heads, controllers, clocks and wiring.

Some issues we’ve addressed with HVAC include:  system capacity and system balancing.

Some roofing issues we’ve addressed include:  Improper venting, improper nailing, improper flashing, and defective fire retardant treated plywood.

Structural Issues
Some of the structural issues we’ve addressed include: use of EIFS siding, mold infiltration, cracked settling slabs, cracked settling basement walls, water infiltration, and defective trusses and framing.


Although we all wish money grew on trees, we know it doesn’t. We work with Associations to collect delinquent assessments, pass special assessments and secure loans so that the Association’s board can fulfill its duties in a responsible manner.

Collection Letters
The collection letter is the first step in the collection process. Typically the manager sends out one or more late notices. If the late notices do not achieve the desired result, we send out the collection letter.

The lien secures the debt. In New Jersey, the lien must be filed with the County Clerk. In Pennsylvania, the lien is automatic but recording the lien with the County Clerk is desirable if the Clerk will accept it. Liens provide significant protection – especially if there is a chance that the debtor will file bankruptcy.

We pursue foreclosure as the collection method of choice. We find it more cost-effective in the long run than pursuing money judgment actions. If people want to live in a certain community, they must fulfill their financial obligations to the association and their neighbors.

Bankruptcy is a creditor’s nightmare no matter how you slice it. A debtor’s bankruptcy often (but not always) results in the debt being wiped out. We are experienced in handling bankruptcy matters and assist clients in protecting their interests.

Associations are about people. They may be homeowners, board members, managers, service providers or others. We are lawyers who keep in mind that relationships are important. Associations impact people literally “where they live”. Therefore, in addressing Association legal problems, we strive to solve problems amicably.

Contract Negotiation And Preparation
We assist clients with vendor relationships.  From contract negotiation, to drafting to dispute resolution, to contract suits.

We assist in formulation of resolutions addressing policies and administration.  Some common resolutions address parking and towing, implementation of fines and alternative dispute resolution “ADR”, placement of satellite dish antennas, collection of debts, board member conduct and confidentiality.

Dispute Resolution
We believe in Alternative Dispute Resolution and serve as ADR facilitators and mediators. A number of our attorneys also volunteer for the Community Association Institute’s dispute resolution service and/or the Superior Court’s Volunteer mediation program.

Governing Documents Review And Amendment
Governing Documents are prepared by developers – but the developers don’t live there.  We assist with governing document review and amendment so that the governing documents meet the needs of those who live there.

Association Borrowing
Many associations have found themselves with long project lists but short on cash.  We assist associations who have decided to borrow the necessary funds.

Municipal Services Reimbursement
Municipalities must either provide garbage removal, snow removal and street lighting to associations in the same fashion that the municipality provides these services to residents who do not live in an association or pay the association what it would have cost the municipality to provide the service.  Many municipalities shirk this responsibility.  We assist associations in obtaining required municipal services or reimbursements.

Land Use
We assist associations in addressing the impact nearby land development may have on the association and its residents.  We appear at planning and zoning boards and voice association concerns.  We also meet with developers to mitigate possible impacts.

Transition/Developer Disputes/Construction & Financing Defects
We work to resolve association construction and financing disputes. We have been particularly successful in achieving results without litigation. We do not represent developers, their subcontractors or material suppliers.

General Business Construction Defects
A number of our attorneys have business backgrounds. They apply this knowledge in litigating business disputes which have included, among others, planning and zoning issues, business breakups, commercial collections, contractor’s failure to perform, bankruptcy litigation and board authority challenges.

Although we pride ourselves on resolving developer disputes without litigation, we do regularly represent associations in litigation when the developer refuses to amicably resolve the construction and financing deficiencies.