If You Build It, They Will Sue:
A White Paper on Condominium Projects
Trevor O. Resurreccion, Esq., Peter L. Stacy, Esq., Weil & Drage, APC
Architects are now more than ever exposed to potential future claims and lawsuits brought by condominium homeowners and the homeowners’ associations, even years after a project has been completed—and even when the architect’s design decisions are trumped by those of the project developer or the architect’s role in the construction phase of the project is limited. The purpose of this paper is help architects understand their potential liability to clients and third parties on condominium projects as well as offer guidance on how to prospectively address the concerns highlighted by many lawsuits in which architects have been sued by third parties. Architects will gain a better understanding of how to assess the owner client, important contract provisions, and insurance issues so they can better assess and address their risks on condominium projects. While it may not be possible to fully insulate architects from all risks, having a firm understanding of those risks up front is paramount.
Trevor Resurreccion is a partner at Weil & Drage, APC and is licensed to practice in California and Nevada. He is an experienced litigator representing architects, engineers and other members of the design and construction industry. He holds a degree in Architecture with a concentration in construction management and is an active member of various design and construction industry groups, priding himself on his commitment to advocacy for all his clients.
Peter Stacy is the co-managing partner with Weil & Drage, APC, practicing a wide range of professional and commercial law. He currently serves as outside general counsel to various firms and has a broad range of experience, including litigation and contract negotiation. He represents a wide variety of clients, including architects and engineers, and is a regular speaker at industry-focused seminars and conferences.
Weil & Drage, APC has offices in Laguna Hills, CA, Henderson, NV, and Phoenix, AZ.