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Developer settles suit with Hudson condo residents

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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.
 

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  • 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

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  1. these guys only skill was to steal from other's hard earned savings.

  2. I voted for him last time and it WAS the LAST time. He needed to to quit running around the world on useless trips, and giving our $$ away to sports teams. I'll vote for anyone but Ballard next time. BTW...we gave $40M to the Pacers and cannot even watch the games on TV.

  3. For the people concerned about traffic, you should know that mixed-use projects (like the one being proposed), actually allows for and encourages more people to walk and bike, thereby mitigating additional automobile traffic. If we continue to design and build suburban-type projects in the City (i.e. automobile-oriented projects), we are not offering anything different from what the suburbs offer, which means we will continue to lose jobs/people to the suburbs. The reason Broad Ripple is somewhat successful today is that people want to live in a place that offers the convenience of being able to walk/bike to restaurants, retail, nightlife, the Monon, etc. Why would you not want to support a project that is complimentary to what already makes the area desirable? The real argument with this project should be its lack-luster design and layout, not the density.

  4. It is unfortunate that there is a perception that celebrities validate an event. The Indy 500 stands on its own, especially for those coming in from out of town. It was always so disturbing to read the gushing descriptions of Ashley Judd threaded throughout the local coverage. Very happy that era is at an end.

  5. Good ole' Obamacare. Thanks liberals and those who didn't bother to vote.

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