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This session discusses a transition construction defect case gone wrong. Learn how the legal system can hinder a settlement even if all parties agree that defects occurred, and find out how the process can be bogged down by determining the cost of the corrective work and who is responsible for payment. In addition hear how various statutory guidelines can help or hurt the process.
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Special Note: This program is a recorded education session from the 2016 CAI Annual Conference.
Duration: 90 minutes
Program Description
This session discusses a transition construction defect case gone wrong. Learn how the legal system can hinder a settlement even if all parties agree that defects occurred, and find out how the process can be bogged down by determining the cost of the corrective work and who is responsible for payment. In addition hear how various statutory guidelines can help or hurt the process.
Speakers
Ed Allcock is a partner in the firm Marcus, Errico, Emmer & Brooks PC. He is a Condominium Lawyer licensed to practice in Massachusetts, New Hampshire and Rhode Island. Ed has blended his extensive knowledge of condominium law into an active multistate condominium litigation practice. In addition to conducting numerous trials on behalf of condominium associations, Ed has the unique distinction of having appeared on condominium related matters in the Massachusetts, New Hampshire and Rhode Island Supreme Courts, a distinction which has resulted in his having been named a Massachusetts and New England Superlawyer for five consecutive years. Ed’s multistate condominium litigation practice ranges from condominium development rights and phasing cases, enforcement of condominium covenants and rules, construction defects, land use and zoning issues, contract disputes, matters of statutory interpretation, easement and real property rights claims (including view easements), fiduciary claims, and insurance defense of condominium boards.
Mitchell Frumkin, PE, RS, is president of Kipcon Inc., a full-service engineering firm which provides engineering and design services across a full range of disciplines, specializing in community associations. He founded the firm in 1986 and fosters its growth with constant innovation and education. Headquartered in New Jersey, Kipcon now has offices in Illinois, Massachusetts, New York, Pennsylvania, Texas, and Virginia. Mr. Frumkin is a frequent speaker and writer on the state and national levels for the Community Associations Institute (CAI), The NAHB, as well as other organizations. He has served as the chair of a joint task force between CAI and the NAHB dealing with the transition of community associations from developer to homeowner control. This task force published a paper entitled, Best Practices: Transitions.
E. Richard Kennedy, Esq. specializes in complex civil litigation and mediation, including construction defect and director and officer liability litigation. He is a Certified Civil Trial Attorney by the New Jersey Supreme Court, a Fellow of the American College of Civil Trial Mediators and a member of Litigation Counsel of America. One of his areas of concentration in construction law is representing condominium associations and planned unit developments. He has represented these Associations in all aspects including as general counsel, transition and as a trial attorney since 1975.
Continuing Education Credit
This program provides one credit toward:
- Certified Manager of Community Associations recertification
- Association Management Specialist redesignation
- Professional Community Association Manager redesignation
To earn credit, you must be personally registered for this program and print the certificate of completion to document your participation.
Manager Certifications and
Designations
Certified Manager of Community Associations
(CMCA®) /Association Management Specialist
(AMS®) /Professional Community Association Manager
(PCAM®) /Large-Scale Manager
(LMS®)
Management Company Designation
Accredited Association Management Company
(AAMC®)
Service Provider Designations and
Distinctions
Reserve Specialist
(RS®)/Community Insurance and Risk Management
Specialist (CIRMS®)/Educated Business
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