Page 13 - CooperatorNews March 2022

COOPERATORNEWS.COM
COOPERATORNEWS —
MARCH 2022
13
uum bags, windows should be kept closed, of warranty or guarantee as to the previous
and A/C units covered from the outside.”
Legal Considerations
So given all that, what should a co-op or is terminated, a board and its professionals,
condo board do if a contractor hasn’t lived including their architect, meet and discuss
up to their agreement or has caused damage the issues in order to resolve them. Give
or other problems?
“Large projects in co-ops and condo-
miniums are never easy, particularly when solve them. It’s imperative to place [contrac-
something goes wrong,” says Mark Hakim, tors] on notice of the issues and off er them
an attorney with Manhattan-based law an opportunity to cure the problem, if it can
fi rm Schwartz Sladkus Reich Greenberg still be cured.”
Atlas. “Th e majority of the time things run
smoothly, but when they don’t, it creates wait too long, or give the contractor too
stress for the board members, the share-
holders, and all the professionals involved. termination. We feel it is always best to try
When a large project is underway at a co-op to amicably work out the issue before termi-
or condominium, the work is usually subject nating a contractor and believe that many
to a highly negotiated agreement, typically issues can be resolved with communication.
one promulgated by the American Institute Th e board should always consult counsel
of Architects (AIA). Th ese AIA forms oft en and their architect, and review the AIA, and
detail how disputes are to be governed, and thereaft er propose a framework for resolu-
what is required for either party to terminate tion and, if necessary, for termination.”
[the contract], whether or not for cause.”
He goes on to say that “terminating a con-
tract—particularly in a large scope project exterior repair or replacement project—but
that is already underway—is a decision that with prudent planning, clear, transparent
should never be taken lightly or made hast-
ily. Replacing a contractor midway through to potential problems that may arise, it can
a job is quite diffi cult and oft en comes with be a smoother, less disruptive experience for
its own issues and problems. Th e existing all.
contractor may not leave quietly and may
disagree vehemently with the allegations
being made. Th e new contractor may very
well come in and not want to make any sort
work performed.
“We recommend that before any contract
them concrete examples of the problems,
as well as deadlines and opportunities to re-
Th at said, however, “a board should not
much proverbial rope before considering
Every community and board will eventu-
ally have to navigate the process of a major
communication, and a proactive approach
n
A.J. Sidransky is a staff writer/reporter for
CooperatorNews, and a published novelist. He
can be reached at alan@yrinc.com.
er building that results in damage to life or
property. Th e ultimate goal is to maximize
building safety and prevent disaster.
Th ese inspections can be costly in and
of themselves—and the price tag can soar
even higher when factoring in remediation
of any problems they uncover. But the cost
for noncompliance—whether from fi nes,
penalties, legal expenses, or one of those
systemic failures just mentioned—is far
greater, and more important to avoid.
Exteriors
One of the more vexing inspections for kelstein & Gold has seen these diffi culties
property managers and boards of direc-
tors is of the building exterior walls and with property managers, façade inspec-
appurtenances—usually referred to as tions have become one of the biggest pains
the ‘façade’ or the ‘envelope.’ Since co-ops to their existence, because the codes are
and condos tend to be large, multi-story constantly changing and constantly requir-
structures made of brick or other masonry, ing more and more budgetary constraints,
their exteriors have many points of wear as well as physical construction projects
and deterioration. Th eir size and compo-
sition also make them more susceptible ing is undergoing this type of work. At the
to the elements; their height and location same time, it’s been a boon to contractors
in densely populated areas mean that any and engineers, because the cost of these
structural failures can have catastrophic projects can be exorbitant. And many
consequences.
Adding to this complexity, the gover-
nance structure and shared fi nancial re-
sponsibility among the owners or share-
holders of common interest communities
can make the process of planning and pay-
ing for property-wide inspections more
protracted, and the disruptions they occa-
sionally cause more problematic. In dense
cities like New York, Boston, Chicago, or
Jersey City (all of which have façade in-
spection laws on the books), a building’s
proximity to its neighbors can mean that
inspections and their safety measures like
sidewalk bridging and scaff olding may nec-
essarily encroach onto an adjoining prop-
erty—and vice versa. All of this must be
worked out in advance, before the scope or
duration of the inspection process is even
known.
New York City attorney Adam Finkel-
stein of law fi rm Kagan Lubic Lepper Fin-
fi rsthand. He says, “In my conversations
that are disruptive to anyone whose build-
times buildings are not well prepared for
what’s discovered when the inspections
take place and scope of work is ultimately
determined.”
According to Andrew Rudansky, a
BUILDING...
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