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Condo association asks about contruction defect litigation


Question:

Our condo association just had our developer transition after many unsucessful attempts to get quorum.

Although most everything is ok with the condo units themselves, the developer cut corners on asphalt and concrete. Our asphalt drives are sinking and developing huge cracks and potholes, beginning at only 2-3 years old.

In addition, concrete sidwalks and porches are severely pitted and/or laminating where large flat pieces are crumbling off the tops. Several have more missing concrete than remaining. One townhouse has had its entire front porch break away from the building and slowly sliding away, others have their sidewalks sinking. This subdivision is only 3-6 years old, but this has been ongoing for years.

The matter was addressed with the condo developer previously and they made some insufficient patches. We had a civil engineer look at our dilemma and as for the common drives, he estimated that the asphalt is less than 2" (closer to 1") thick, and poured on ground that was not properly prepared.

Illinois has a 10 year structural construction defect law. Does this apply to asphalt and concrete? Do we have any legal recourse to go after the builder on these issues?


Answers (5)

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