Published in Construction Defect Journal
Ball Janik Special Counsel Stephen Hauptman explains how the major shift in construction defects, from cost volatility to tighter compliance requirements and increasingly complex litigation tactics, is reshaping risk for Florida high-rise and condominium projects in his latest article published on May 5 in the Construction Defect Journal. He outlines a series of practical, data-driven steps associations and developers can use to strengthen damage credibility, pre-suit leverage, and streamline earlier resolution.
“Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims,” Hauptman advised.
Hauptman also flags an emerging risk transfer challenge, where traditional risk transfer systems are becoming insufficient, and liability is increasingly fragmented across subcontractors and suppliers, as well as shifting insurance positions. For large communities, the entire risk architecture may need restructuring, so it’s essential to meet with counsel early in the development process.
“The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework.”
Read the story in full, click here.