This case, Condominium Plan No. 7920829 v. Academy Contractors Inc (Abalon Construction), involves a legal dispute between the condominium owners (Plaintiff) and several defendants, including Academy Contractors, operating as Abalon Construction. Key issues include allegations of poor construction work and delays in addressing defects.
Key Points:
- Background: In 2002, Abalon Construction installed concrete friction piles under the foundation of Tudor Manor to prevent settlement. Issues with building cracks emerged soon after, with complaints reported by residents in 2003. These concerns persisted, leading to further assessments and reports over the years, indicating potential issues with the piling work.
- Legal Action: The Plaintiff filed the lawsuit in 2010, claiming negligence and seeking damages for ongoing structural problems.
- Cross Applications:
- Plaintiff sought summary judgment, asserting that Abalon’s defective work caused the damage. This was dismissed due to a lack of expert evidence proving causation.
- Defendants applied for summary dismissal based on limitations, arguing the claim was filed too late. This was also dismissed due to insufficient proof that the Plaintiff had the necessary knowledge of the issues before the limitations period ended.
- Dismissal for Delay: Ultimately, the case was dismissed due to significant delays in the litigation, with the court noting that the Plaintiff failed to prosecute the case in a timely manner, causing prejudice to the Defendants.
The court dismissed the action on April 25, 2023. No monetary award was specified in the decision.
