When a Project Manager is Needed

February 13th, 2018
Posted By
Ken Harer
I have never seen a Condo Declaration that required a project manager for any maintenance or repair. But if I were to look, I would look at the maintenance provisions, the authority of the board provisions and the damage and destruction provision. Th… Read More
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Categories: Condominium Laws, Contracts

What Happens When a Company Dissolves?

November 12th, 2014
Posted By
Valerie Farris Oman
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70… Read More
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Categories: Contracts

Allocating Risk When Hiring Professionals

November 5th, 2013
Posted By
Ken Harer
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing t… Read More
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Categories: Board Conduct, Contracts

Who Should Association "Employees" Work For?

March 4th, 2013
Posted By
Valerie Farris Oman
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by th… Read More
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Categories: Contracts

Contracts Should Reflect the Agreement of the Parties

September 3rd, 2010
Posted By
Ken Harer
This week I was asked to review a $100,000 or so construction contract between a condo association and a contractor. There were many missing documents and specifications as to what work would be done, and lots of work that would be needed was specifi… Read More
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Categories: Contracts
Tags: agreement, construction, contracts, meeting of the minds, terms, understanding, understanding between parties, vendors

Avoiding Problems with Contractors

July 22nd, 2010
Posted By
Ken Harer
In our many years representing community associations, we have seen a rash of disputes between associations and contractors. The problems fall in to a pattern, and always involve a lack of common understanding about what the association thought they… Read More
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Categories: Board Conduct, Contracts
Tags: communication, contract dispute, contractors, contracts, problems, vendors