SB 800 allows for condos to file claims for construction defects within 10 years of completion of the buildings. SB 326 adds additional language that strengthens some of that Bill and improves upon it. While condos may want to pursue construction defect claims, they may want to postpone their Balcony inspection if they suspect they have defects. Why?
Simply because the balcony inspection report becomes part of the association’s records for a minimum of 9 years and is part of the reserve study. A report showing numerous deficiencies may be a red flag to buyers, your insurance company and could cause unintended problems.
One attorney I know recommends pre-inspections of the EEEs and inspections of the building envelope in general. “I strongly recommend a pre-inspection. Open 2 or 3 locations and if there are issues,do repairs first. That way the report isn’t a surprise (and protects property values) and if the project is under 10 years old, the builder pays for inspections and repairs.” We concur and so we offer our clients pre SB326 inspections of EEE’s that are suspected of having damage/ defects.
We will open up several decks/ balconies for inspection of the structural elements. If there are damages and repairs are necessary then the beginning of an SB 800 claim can be started with the developer/builder. At the time of opening the decks and balconies we will document all conditions prior to destructive testing starting and then document while removing materials and exposing structural elements. Items removed will be documented, logged in and retained for evidence in our secure storage location. We will then issue a report to the Board on our findings.
As a structural engineer is not involved at this point and the number of elements that are being opened are limited, the cost to do this is much lower than a SB 326 stage 2 inspection would be.
If you would like a proposal for a Pre-SB326 Inspection, contact us today for a quote.