Construction Defects

Our firm is guided by the philosophy of “Communication Not Litigation.”  However, we fully realize that construction claims and disputes are an unfortunate reality in many community associations.  Our firm is recognized as a leader in the community association field, including representation of associations in construction defect disputes with a developer or builder.  With over 85 years of combined experience, our litigation attorneys understand complex construction issues and are able to provide sophisticated advice and timely, cost-effective solutions to our clients.

Boards should not have to worry about wasting time or money educating their legal counsel about construction issues.  We have a comprehensive understanding of the roles and responsibilities of the various parties in the design and construction process as well as the legal rights and remedies of an association.  We realize that litigation can be time consuming and expensive.  Prior to litigation, we encourage our boards to exhaust all potential out-of-court remedies, including negotiation and mediation, to resolve construction defect disputes.  If litigation becomes necessary, our understanding of community association law also allows us to advise boards on potential claims under the Ohio Condominium Act and the Ohio Planned Community Act.

Our attorneys have negotiated, litigated, and settled a wide range of design and construction defect cases involving claims for:

  • Leaking doors, windows, or roofs
  • Exterior wall, EIFS, stucco, and siding defects
  • Soil settlement, erosion, runoff, and drainage issues
  • Leaning, sinking and/or collapsing foundation or structures
  • Plumbing, HVAC, and other mechanical system failures
  • Electrical and fire safety hazards
  • Sanitary and storm sewer system defects
  • Masonry failures
  • Sea walls and breakwater issues
  • Water infiltration and mold
​In addition to investigating or pursuing claims against a developer or builder, our attorneys have the ability to counsel boards throughout the complicated process of disclosing defects to the owners and repairing the defective construction.  Drawing on our vast knowledge of community association law, we provide associations with comprehensive advice regarding the identification, remediation, and resolution of construction problems in a community.         ​