One of the chief difficulties of large-scale construction defect cases for plaintiffs and defendants alike is allocating responsibility. The plaintiff discovers evidence of damage, but it has an obligation to maintain the premises. The plaintiff sues the general contractor for the building’s construction, but the general contractor hired dozens of subcontractors whose work overlapped.

University Flats v. HUB Management is an on-going case that presents these challenges and more. Attorneys Deborah Eckland and Chris Bentley are preparing for trial to defend a window manufacturer against allegations that windows leaked and caused water intrusion at an 80-unit condominium complex near the University of Minnesota campus. Multiple elements of construction failed to meet applicable building codes, including at both the design level and at the installation level. Lack of on-going maintenance exacerbated existing damage, as did the failure to commence litigation within the required time period.

Check back for an update after this case resolves.