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Who is responsible for repairing driveways if the damages were from day one in a condo development?
La Crosse, WI
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Posted about 1 month ago in Residential
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Our driveways and steps and patios are collapsing, sinking and cracking due to poor workmanship, erosion and poor planning. The developers want the condo owners to pay for repairs and complete replacements. The developers own several condos which they have been unable to sell due to the above condition plus sheetrock and insulation problems. They also do not keep these rental up to the standards that the owners have to.They have close to a majoity vote due to these rentals and some people that don't want to be involved, even though the entire association would have to pay these bills. The development is only about five years old.
Answers (1)
Christopher Allan Doerfler
This attorney is licensed in Wisconsin and 1 other state.
Posted about 1 month ago.
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You are describing a construction defect case. Ultimately, the person who did the shoddy work would be responsible, unless the decay is caused by something else (shifting ground, for example). Since it was five years ago, there may be a problem pursuing the builder on statute of limitations grounds, but the real determinative factor would be when the defect was discovered. if you can't pursue the builder, then who would have to pay is a delicate contractual issue. A lawyer would need to review the contracts between owner and developer to determine what obligations were laid at whose feet. And, even then, it may come down to the contracts saying nothing, at which point it is really a finger pointing game and the side with the better lawyer and most luck is going to win.
Chris |
