Developer Intentionally Concealed Defective Floors
After discovering hidden floor defects upon replacing carpet with hardwood, a condominium owner won a lawsuit against the developer, who attempted to evade repair responsibilities citing a 10-year statute of limitations, resulting in a judgment that included repair costs, attorney's fees, costs, and punitive damages due to the developer's intentional concealment.
The Situation
Our client purchased a new two story condominium. After living in the unit for more than 10 years, the she decided to replace the upstairs carpeting with hardwood.
After removing the carpeting, she discovered the floor under the carpeting was severally out of level and that the developer had concealed the defects by placing wooden shingles on the floor to make it appear level, then installing carpeting to hide the wooden shingles. She immediately called us.
The developer refused our request to repair the defects claiming that a 10-year statute of limitation for defective construction had passed, preventing our client from recovering her damages from the developer.
The Result
After a brief trial, the trial judge accepted our evidence that the developer had intentionally hidden the defective floor from our client by making it appear level though the use of the wooden shingles and carpeting, thereby preventing our client from finding the defects until she had the carpeting removed.
On this evidence, the Judge concluded that the developer's acts had tolled the 10-year statute of limitation and entered a judgment against the developer, awarding our client her damages, including the cost of removing and repairing the uneven floors, her attorney's fees and costs and punitive damages against the developer.