Description
Condominium project development disputes can create significant challenges for all parties involved—whether the developer, design professional, contractor, managing association, or unit purchaser. Therefore, counsel should understand the main types of claims common to these projects so that the risks can be managed by careful planning and contractual drafting to protect their clients' interests.
Unique issues arise among the stakeholders in a condo project where the ownership structure changes from developers initially owning the units to transferring ownership to parties who purchase the units long after the project documents have been negotiated between the initial stakeholders, creating additional risks since claims are usually brought by the subsequent owners and/or management associations. Common claims include construction defects, contract disputes, professional malpractice and negligence, and implied warranties.
Listen as our expert panel discusses the liabilities associated with condominium project development and how to mitigate risk via careful contractual drafting. The panel will discuss best practices for all stakeholders in condominium development to address these risks.
Presented By
Mr. Patten’s practice is focused on real estate development with an emphasis on structuring residential, mixed-use and office condominiums, and residential and mixed-use communities. He also represents developers in their creation and administration of property owner associations. Mr. Patten’s experience includes the representation of condominium developers and builders in the creation of high-rise, mixed-use, commercial and residential condominium projects; representation of developers and builders in structuring townhome projects and master planned residential and mixed-use developments; and the representation of developers and builders in the formation and administration of residential, commercial and mixed-use property owners associations. He is frequent author and lecturer on real estate development issues.
Mr. Saft has extensive experience in the development, financing, leasing, conversion-to-condominium and cooperative ownership, exchange, syndication, sale-leaseback, timeshare, restructuring, acquisition and sale of residential, commercial and hospitality property throughout the United States. He also represents borrowers and lending institutions in mortgage lending and workouts. Mr. Saft is the former chair of the board of directors of the National Cooperative Bank and the New York City Workforce Investment Board. He has written 44 books on Commercial Real Estate and more than 100 articles on real estate, economics and finance.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, December 4, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
A. Trends in condo project litigation: why this type of litigation is unique
B. Types of claims common to condo projects
II. Mitigating liability through careful planning and contractual drafting: key provisions for risk mitigation
A. For developers
B. For design professionals
C. For contractors
D. For the managing association
E. For subsequent purchasers
III. Insurance considerations
IV. Potential remedies and dispute resolution
V. Practitioner takeaways
The panel will review these and other important issues:
- What are the major types of liability claims likely to arise in condominium development?
- What contractual considerations are unique to each stakeholder in a condominium development project? And what are best practices for crafting provisions to protect each stakeholder?
- How can a developer handle the transition of management of condominium development to mitigate risk best?
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