Condominium Sewerage Backup Case Study

This case involving a claim by a unit owner in a converted mill building began with a sewerage backup that resulted in significant damage to the condominium unit requiring remediation and a near complete rebuild of the unit as well as significant repairs to common area. The unit owner sued the Association, Developer and the Management Company under a variety of theories including negligence, breach of contract and nuisance.

The claim against the Association and the management company was covered by a policy of insurance. The claim was resolved prior to trial but the release provided by the insurance companies and signed by all parties required the Association and Developer to take action to complete repairs and install reverse back flow valves and pumps to prevent future backups into the building. The management company was to oversee the project.

Due to unavoidable delays the project outlined in the release document did not progress to the satisfaction of the unit owner and he once again filed suit against the Association, the Developer and the Management Company. This time the lawsuit was based primarily on breach of contract and there was no insurance company to indemnity or defense.

The law firm of Feniger & Uliasz was retained to defend the management company. The Association and the Developer were represented by separate counsel and both settled with the disgruntled unit owner and paid money to him.

Based on the advice of Feniger & Uliasz the management company continued to defend the case and the unit owner made the wise decision to drop his case the week before trial was to occur.

Numerous depositions were taken and motions filed with the court. In the end, the management company paid nothing and the defense presented by Feniger & Uliasz on its behalf was a complete success.

Of course, there are no guarantees in litigation but, with knowledge of the law, thorough investigation and determination the law firm of Feniger & Uliasz was able to achieve an excellent result for the client in this case.

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