Comments on: TOLLING AGREEMENTS: Construction Defect Lawyers use them to preserve Association Warranty Claims during Construction Defect Negotiations with Developers

By: Washington DC Condominium Transition Committees

Washington DC Condominium Transition Committees — Wed, 05 Apr 2023 15:30:35 +0000

[…] Specified tasks of a transition committee should include: (1) collecting all relevant construction documents (e.g., approved and as-built plans and specifications) for the condominium; (2) interviewing and retaining a engineering firm to review construction document and inspect condominium common areas as necessary with the ultimate goal of identifying any construction defects, and if any are found, preparing a construction deficiency transition report can be provided to the developer; and (3) interviewing and retaining an attorney to both advise the transition committee in representing the association with regard resolving its warranty claims, and also ensuring that all warranty time periods and other legal deadlines are met by the condominium association so it does not waive any of its legal rights with regard to construction defects. In most cases, the attorney brought on by the transition committee will need to obtain a tolling agreement from the developer to stop the statute of limitations from running on the associations warranty rights and other legal claims it may have relative to construction defects. For an article on Tolling agreements, see Using Tolling Agreements to Preserve Association Warranty Claims during Construction Defect Negotiat…. […]

By: COWIE & MOTT - CONDOMINIUM CONSTRUCTION DEFECT WARRANTY CLAIMS IN MARYLAND

COWIE & MOTT - CONDOMINIUM CONSTRUCTION DEFECT WARRANTY CLAIMS IN MARYLAND — Wed, 23 Jan 2019 15:04:42 +0000

[…] For more information about tolling agreements, see article entitled: “Tolling Agreements: Attorneys Using Tolling Agreements to Preserve Construction Defect Legal Claims ….” […]

By: THE MARYLAND HOA COMMON AREA WARRANTY – COWIE & MOTT, P.A.

THE MARYLAND HOA COMMON AREA WARRANTY – COWIE & MOTT, P.A. — Tue, 25 Dec 2018 00:03:10 +0000

[…] As part of the statutory warranty process, notice of common areas construction defects must be given within the warranty period to either the Vendor or the Declarant, depending on which is responsible for the warranty under the statute. MD HOA Act § 11B-110(b). The warranty period extends for two (2) years. MD HOA Act § 11B-110(a)(3)(iii). Thereafter, there is a one (1) year statute of limitations that commences with the expiration of the two year warranty period. MD HOA Act § 11B-110(b). Thus, if the Vendor or Declarant, as the case may be, fail to properly correct construction defects after being given notice within the warranty period, a lawsuit to enforce the warranty must be brought by the HOA or an individual lot owner within one year of the expiration of the two year warranty period. MD HOA Act § 11B-110(b). However, if parties are willing to negotiate, there is a possible alternative to filing suit in order to preserve HOA legal claims. The HOA to may be able to obtain a tolling agreement from the declarant and other responsible parties under which the parties agree to a “time out” that will stop the statute of limitations from running on HOA’s warranty and other legal claims while they engage in efforts to resolve their construction dispute without litigation or arbitration. See Article, Using Tolling Agreements to Preserve Association Warranty Claims during Construction Defect Negotiat…. […]

By: COWIE & MOTT - construction defect warranty claims Maryland and DC

COWIE & MOTT - construction defect warranty claims Maryland and DC — Sat, 25 Aug 2018 19:38:46 +0000

[…] For more information about tolling agreements, see article entitled: “Tolling Agreements: Attorneys Using Tolling Agreements to Preserve Construction Defect Legal Claims ….” […]

By: COWIE & MOTT – ATTORNEYS RESOLVING CONDOMINIUM CONSTRUCTION DEFECT CLAIMS IN MARYLAND

Fri, 24 Aug 2018 16:11:13 +0000

[…] For more information about tolling agreements, see article entitled: “Tolling Agreements: Attorneys Using Tolling Agreements to Preserve Construction Defect Legal Claims ….” […]

By: COWIE & MOTT – Statute of Limitations I Condominium Construction Defects I Maryland and DC Attorneys

Wed, 02 May 2018 13:46:11 +0000

[…] as possible in order to plan a course of action to protect their rights, including entering into tolling agreements that can stop the statue of limitations from running on claims while parties attempt to negotiate […]

By: COWIE & MOTT – Condominium Construction Defect Attorneys Washington DC

COWIE & MOTT – Condominium Construction Defect Attorneys Washington DC — Mon, 23 Oct 2017 12:24:31 +0000

[…] A tolling agreement is a private contract that courts will enforce under which the parties agree that the statute of limitations time period will stop running, or be “tolled,” while they attempt to negotiate a resolution of their dispute. However, the statute of limitations will only stop as to those parties who agree to “toll” the running of the statute of limitations. A tolling agreement does not affect claims against any person or entity who does not agree to toll the statute of limitations. Likewise, when filing a lawsuit, the statute of limitations is only tolled as to the persons or entities against whom the suit is filed. For a more detailed explanation of tolling agreements, see article by condominium construction defect attorney Nicholas D. Cowie entitled: “Tolling Agreements: Use Them to Preserve Association Claims During Construction Defect Negotiations.” […]

By: COWIE & MOTT – Washington DC Condominium Warranty Structural Defects

COWIE & MOTT – Washington DC Condominium Warranty Structural Defects — Sun, 10 Sep 2017 20:37:12 +0000

[…] the running of the statute of limitations can be stopped (or “tolled”) by entering into a tolling agreement with the condominium developer and any other responsible parties. A “tolling agreement” is a […]

By: MARYLAND CONDOMINIUM ASSOCIATION CONSTRUCTION DEFECT CLAIMS

MARYLAND CONDOMINIUM ASSOCIATION CONSTRUCTION DEFECT CLAIMS — Tue, 22 Jul 2014 08:23:08 +0000

[…] manner the board can learn how to identify and resolve construction defects with developers and preserve warranty claims before warranties and other legal rights expire. In this manner, Associations can avoid the Greenstein scenario where homeowners accuse the board […]