Quote:
Posted By KerryL1 on 12/17/2021 3:28 PM
Your management company is not in charge of approving payments to contractors, the board is or a board member. Your MC also is not an attorney and can't "go after" this vendor. With a job this big, It's very possible the MC should not have been "overseeing" the work.
Yes, poorly done work that doesn't meet the "standards of care of their industry" IS a construction defect, at least in CA. We HAD run out of warranty, but the statute of limitations (in Ca) were still in effect. Our recent case is for exterior painting of our high rise stucco exterior and treating/refinishing exterior "architectural metal" cladding. After three years, the paint started peeling in some areas. In addition, the treatment to the ARC metal cladding also became an unsightly mess. I presented the original contract, etc., to the board in executive session to get approval to contact our HOA attorney about the flaws.
He filed an American Arbitration Association (AAA) form demanding the Contractor fix their poor work or begin arbitration immediately. The company complied and has done a lot of work on the green metal (which is a small ground floor-25th floor 20 foot wide section) and is testing the stucco paint. They have to use swing stages, which we provided, but they must pay for the certification that they're OK.
Phil, your board needs your HOA attorney's advice right now. You don't want some statute(s) to lapse. This is not part of the skill set of an MC. do review gain the final contract to see if there's a warranty for labor. Even if there was and it's expired, you still have recourse due to defective work.
(Ignore the bickering about liens...sigh)
We're a condominium association, not a HOA. We don't have an attorney. The management company can't help us get legal advice?
I would have thought that the management company would have made it clear to the board that the work wasn't complete and that we shouldn't make the final payment until that time. I wasn't aware that we were paying before the work was completed.
I had read that a condo association might want to hire someone like an engineer to oversee a roofing project. I ask the manager about it. She told me that some other associations did that. She hadn't suggested it to us though.
I'll ask about the warranty.