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A U G U S T , 2 0 1 6
Hueston McNulty, P.C.
Defense and General Counsel
Serving New Jersey, New York & Pennsylvania
A Professional Corporation
N
Value–Experience–Quality
We provide our Association clients with qual-
ity and strive to solve the problem–
resolve the issue–and make life easier for our
Associations and their property managers.
Samuel J. McNulty, Esq.
Tel: 973-377-0200 / Fax: 973-377-6328
Florham Park - Sparta - Toms River - Philadelphia - Manhattan
Who canYOUR Association
count on today for guidance in
Transition and Construction
Defect Litigation?
HML-4488 construction ad mech02.qxp_1/2 pg vertical 9/17/15 4:14 PM Page 1
corroborate information from experts
used in the case.
Contracts, construction permits,
change orders, payment requisitions
and authorizations, copies of checks,
minutes from meetings with an archi-
tect, engineers, a project manager,
contractor(s), and other experts may
need to be referenced or produced
during a fact finding or litigation. The
amount of the Performance Bond (if
utilized) should be periodically com-
pared to the total dollar amount of the
contract plus any change orders, as
the Bond may need to be increased
to cover all facets of work. An accu-
rate accounting of all monies spent,
not only during the initial project but
afterwards, as well must be main-
tained to ensure that all damages are
accounted for.
A property manager should main-
tain all certificates of insurance and
copies of contractors’ licenses, cat-
egorizing all relevant documents for
safekeeping. For instance, if the
project involves utilizing temperature
sensitive materials, a daily report from
a local weather service showing the
hour by hour temperatures and weath-
er conditions. This type of information
may prove to be invaluable in making
the association’s case at a later time.
Once a construction defect is known
to exist, working swiftly to mitigate
and correct these defects is a top
priority. By keeping accurate and
comprehensive records of all construc-
tion work, a property manager will be
able to help facilitate a prompt and
prudent response when it becomes
necessary. n
MANAGEMENT TRENDS...
from page 62.