Developer settles suit with Hudson condo residents

Back to TopCommentsE-mailPrintBookmark and Share

The homeowners' association for a downtown Indianapolis condominium complex that claimed the building’s construction was faulty has settled its lawsuit with the developer.

Terms of the settlement, reached Wednesday, are confidential.

The Hudson Condominium Association Inc. filed the suit in Marion Superior Court in March against The Hudson Condominiums LLC, an entity established by Carmel-based Kosene & Kosene Residential Inc. to develop the project. The complaint also named builder Constructa Inc.

“The association is pleased to have resolved all pending litigation,” said attorney Joseph Chapelle, who represented the association, in a written statement. “The association is moving forward with taking care of the building and any necessary repairs are under way now.”

Kosene began construction on the 70-unit Hudson building at 355 E. Ohio St. in 2004 and finished in 2006. Units in the Hudson range from 901 square feet to 2,804 square feet, and originally sold for $176,350 to $721,517.

The complaint alleged that Hudson residents in 2011 began noticing cracks in the first-floor walls and ceiling. They also noticed a slope in the floor.

An engineering firm hired by the homeowners' association to examine the building concluded that improperly installed truss hangers had slipped, causing the floor trusses to move.

Engineers also determined that improperly placed backfill caused the floor of the basement garage to shift, according to the suit.

The homeowners' association sued Kosene for breach of implied warranty and negligence, and wanted the developer to pay to repair the building.

“We’re happy that we worked together with the association and the insurance company to reach a satisfactory settlement,” David Kosene, president of Kosene & Kosene, told IBJ.

The homeowners' association also filed a similar complaint against its insurer, The Travelers Indemnity Company of America.

Travelers had notified the association that it was denying coverage for the damage. But the association claims that an insurance policy it had with the company that ran through June 2011 should cover the damage.

That suit was dismissed from federal court in Indianapolis in late August.

The Hudson is one of three luxury condo projects, including the Maxwell and Packard, that Kosene has developed downtown and named after classic cars.

Repairs also continue at the Packard at 450 E. Ohio St. after its homeowners' association filed a similar lawsuit against Kosene & Kosene in June. The suit is pending in Marion Superior Court.


  • Kosene at Fault
    The Packard continues to find code violations & poor workmanship every day. Even the outdoor lights in the courtyard are out of code & a fire danger! NEVER trust a Kosene!
  • wrong name
    Guess they should have called the Hudson, the Pinto

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
Subscribe to IBJ
  1. From the story: "The city of Indianapolis also will consider tax incentives and funding for infrastructure required for the project, according to IEDC." Why would the City need to consider additional tax incentives when Lowe's has already bought the land and reached an agreement with IEDC to bring the jobs? What that tells me is that the City has already pledged the incentives, unofficially, and they just haven't had time to push it through the MDC yet. Either way, subsidizing $10/hour jobs is going to do nothing toward furthering the Mayor's stated goal of attracting middle and upper-middle class residents to Marion County.

  2. Ron Spencer and the entire staff of Theater on the Square embraced IndyFringe when it came to Mass Ave in 2005. TOTS was not only a venue but Ron and his friends created, presented and appeared in shows which embraced the 'spirit of the fringe'. He's weathered all the storms and kept smiling ... bon voyage and thank you.

  3. Not sure how many sushi restaurants are enough, but there are three that I know of in various parts of downtown proper and all are pretty good.

  4. First off, it's "moron," not "moran." 2nd, YOU don't get to vote on someone else's rights and freedoms that are guaranteed by the US Constitution. That's why this is not a state's rights issue...putting something like this to vote by, well, people like you who are quite clearly intellectually challenged isn't necessary since the 14th amendment has already decided the issue. Which is why Indiana's effort is a wasted one and a waste of money...and will be overturned just like this has in every other state.

  5. Rick, how does granting theright to marry to people choosing to marry same-sex partners harm the lives of those who choose not to? I cannot for the life of me see any harm to people who choose not to marry someone of the same sex. We understand your choice to take the parts of the bible literally in your life. That is fine but why force your religious beliefs on others? I'm hoping the judges do the right thing and declare the ban unconstitutional so all citizens of Wisconsin and Indiana have the same marriage rights and that those who chose someone of the same sex do not have less rights than others.