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Contractor says no to condo association common area damage

  
  
  
  
  

Who is responsible for stress cracks in foundation and in garage floor in center unit of a 4 unit condo? We have a new 18 unit sub-division of private homes being built quite near us. The ledge had to be blasted out and the drilling company came and inspected our units, took pictures etc. In case there were any claims. One of the owners was away for a month and when they came home they said that their were cracks in floor and in foundation. Blasting company did not take pictures of foundation or garage floor and said they are not responsible for stress cracks. Could this be true? And who is responsible for stress cracks? The owner or the condo association under common area. Thanks in advance.

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Comments

I am far from being a professional, but my initial instinct tells me that the association would be responsible for foundation. Personally, for a first step, I would call the condo insurance company who SHOULD send out a professional to determine if the blasting caused the damage. They can also tell you what the cost would be for repairs. Then you can figure out if you need to contact the blasting company again.
Posted @ Monday, November 14, 2011 11:42 AM by c
I agree with C. You need to work with your insurance carrier. They should "carry the load" on this.  
 
I would also say (after our Association spent over $80K over a 4 year period for foundation repairs to a 55 unit association" that the words of one vendor have stayed with him. 
 
He said, "the purpose of the foundation is to provide a base for the building. That's all." It may not have been level when it was poured and surface cracks don't affect it's function. The same goes with settling of the building itself. Too often foundations are "repaired" only to cause more damage. 
 
Be very careful. 
 
Posted @ Monday, November 14, 2011 1:35 PM by Ron Knight
Never go by what a a possible responsible party says. Most will say, "It's not our fault." Your insurance company should be called in. That's part of what your premium goes toward. If worse comes to worse you might have to sue the owner's of the property and their contractors. if neither are deemed responsible it woukd be up to the condo association to decide whether to repair the damage. The condo insurance policy should cover it. If the HOA won't cooperate another lawsuit may be necessary. You and anyone else with damage will need a lawyer sooner or later.  
 
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Posted @ Tuesday, November 15, 2011 8:45 PM by Louise
We are dealing with a situation very similar to this at a condo I manage in Boston. My recommendation would be to call in a geo-technical engineer to investigate the solution. They can tell you what caused the cracks, whether it was improper compaction of the soil around your land by the contractor or just natural settling.  
 
If they prove it was caused by the contractor, you can cite the engineer report and go after them for damages. Be careful with placing a claim on your master insurance; it might not be much over the deductible and you'll have a permanent loss on your loss/runs which affects premiums. Make sure you know what your insurance covers and the deductible.  
 
Premier Property Solutions, LLC. 
www.premierpropertyma.com 
Posted @ Thursday, November 17, 2011 1:51 PM by Premier Property Solutions
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