Avoiding Costly Mistakes in Construction Defect Litigation | The Uncommon Area Ep. 77

In this episode, host Matthew Holbrook sits down with Joe Smith of Burg Simpson Law Firm to unpack the complexities of construction defects in community associations. From identifying potential issues and understanding statutes of limitation to navigating tolling agreements and strategic settlement considerations, Joe provides valuable insight for any board facing construction concerns.

If your HOA is considering legal action or simply wants to be proactive about protecting its
community, this episode offers practical, expert-driven guidance.

More about Joe: https://www.burgsimpson.com/attorneys...

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#HOA #ConstructionDefects #PropertyManagement #CommunityLiving #HOALaw

00:00 Welcome to The Uncommon Area
00:40 Meet Joe Smith of Burg Simpson Law Firm
02:00 What Is a Construction Defect?
05:15 Alternatives to Litigation
09:00 How State Laws Differ
13:10 Key Considerations Before Litigation
17:20 Tolling Agreements Explained
22:00 Builder Incentives and Insurance Strategy
27:40 Downsides and Risks of Litigation
32:30 Why 97% of Cases Settle
38:00 Managing Settlements and Repair Funds
43:00 Final Takeaways for HOA Boards
46:00 Closing Thoughts