Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Luxury residential towers on Billionaires Row
    Rent
    With an acoustic consultation, NYC buyers can identify noise problems missed during a walkthrough
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
    image
    Roommates + Landlords
    No heat in your NYC apartment or radiator too hot? Here's what you can do
    Image of a building in New York City
    Roommates + Landlords
    How to break the lease for your NYC rental apartment
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    The 1871 Jacob J. Lissner House at 125 East 78th St
    Live
    The 1871 Jacob J. Lissner House at 125 East 78th St: An early owner was well connected with Tammany Hall
    Red Hook Treehouses
    Live
    During Open House New York, get a rare look inside NYC’s most interesting residential properties
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
The Board Room [ SPONSORED ]

The Board Room: Top 3 reasons to sue your developer. (Or not.)

By Braverman Greenspun  | November 9, 2010 - 12:31PM
image

How do you know whether your leaky windows, Jacuzzi-sized “Olympic” swimming pool, and IKEA lobby furniture are worth suing your developer over?

Bounce it off NYC co-op and condo attorney Robert Braverman of Braverman & Associates, who will address the sue-or-not-to-sue question this Sunday from 3 to 4:30 pm at the Annual Housing Conference sponsored by the Council of New York Cooperatives & Condominiums.  

We have seen Braverman speak, and BrickUnderground's own founder lives in a building on the receiving end of a mid-six-figure settlement won by the man: In short, the guy knows what he's talking about. Here's his take on whether to sue a sponsor over construction defects:

  1. All attempts at negotiation or alternative dispute resolution have failed. In other words, the sponsor refuses to negotiate, is being unreasonable and/or attempts to find a mediated solution have failed.
  2. The amount of money you can reasonably expect to recover exceeds the cost of litigation, which can run well into the six-figures in expert and legal fees, and would not be recoverable even if you are successful at trial. “For example, if you have an engineering survey performed and the report indicates that it's going to cost $200,000 to fix the problems, you will probably be better off overcoming a visceral desire to take the sponsor to court and imposing an assessment for the repair instead," says Braverman.  "Otherwise, you will spend two to three years in litigation and could very easily spend the amount it costs to fix the most urgent problems, and there’s never a sure thing in court. Instead, try to negotiate the best deal possible with the sponsor and then assess the cost of repair versus the cost and uncertainty of litigation."
  3. Your building’s defects are more objective than subjective. Courtroom battles over construction defects often turn into a battle of the expert witnesses, so the more clear-cut the defect is, the more like a claim against a developer will succeed.  For instance, if the offering plan represented that the building would have a playroom and it doesn't, or if brand new windows are leaking throughout the building, it is going to be difficult if not impossible for a sponsor to walk away from its obligations. But commonly found issues like the adequacy of the HVAC systems and the quality of common-area finishes are more subjective and therefore more likely to succumb to what will invariably be an "opinion" from the sponsor's expert that the complained-of condition falls with an "acceptable range." Similarly, if the windows start to leak two years after construction, the sponsor will likely argue that the cause is not faulty installation but rather the failure of the building and/or unit owner to properly maintain the window.

While you’re at the conference, you may also want to check out another Braverman seminar, “Addressing Objectionable Conduct in Condos,” dispensing advice for dealing with misbehaving residents in condos, where boards have fewer weapons at their disposal than co-ops.

Event details:

Sunday, November 14th

12:15-1:15 pm: “Addressing Objectionable Conduct in Condos,” Robert Braverman, co-op and condo attorney, Braverman & Associates

3:00-4:30 pm: “Construction Defects: To Sue or Not to Sue,” Robert Braverman, co-op and condo attorney, Braverman & Associates

Council of New York Cooperatives and Condominiums 30th Annual Housing Conference
Baruch College (E. 24th & Lexington Ave)
8 a.m. – 5:15 p.m.
Full schedule
Registration info

 

Teri Rogers Headshot - Floral

Teri Karush Rogers

Founder & Publisher

Founder and publisher Teri Karush Rogers launched Brick Underground in 2009. As a freelance journalist, she had previously covered New York City real estate for The New York Times. Teri has been featured as an expert on New York City residential real estate by The New York Times, New York Daily News, amNew York, NBC Nightly News, The Real Deal, Business Insider, the Huffington Post, and NY1 News, among others. Teri earned a BA in journalism and a law degree from New York University.

SEE MORE BY Teri Karush Rogers »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

boards developer lawsuits Neighbors new construction staff The Board Room
SHARE
TWEET
BRICK’S PICKS
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS