Problem & Facts The association’s detention pond overflowed causing damages to property downhill from the pond. The developer built the detention pond in 2007. The owner of the downhill property (who bought in 2012) sued the association in 2013 for damages in excess of $300,000. (Kowalski v. TOA PA V, L.P. and Traditions of Amercia […]
Why You Must Hire an Engineer at Turnover Read More »
Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.: Pelican Beach Condominium (“Association”) needed a new roof. The Board, after
Association Construction Contracts – What are Risks of that Waiver of Subrogation Term Read More »
