IBJNews

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.
 

ADVERTISEMENT

  • 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

COMMENTS POLICY
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
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. The east side does have potential...and I have always thought Washington Scare should become an outlet mall. Anyone remember how popular Eastgate was? Well, Indy has no outlet malls, we have to go to Edinburgh for the deep discounts and I don't understand why. Jim is right. We need a few good eastsiders interested in actually making some noise and trying to change the commerce, culture and stereotypes of the East side. Irvington is very progressive and making great strides, why can't the far east side ride on their coat tails to make some changes?

  2. Boston.com has an article from 2010 where they talk about how Interactions moved to Massachusetts in the year prior. http://www.boston.com/business/technology/innoeco/2010/07/interactions_banks_63_million.html The article includes a link back to that Inside Indiana Business press release I linked to earlier, snarkily noting, "Guess this 2006 plan to create 200-plus new jobs in Indiana didn't exactly work out."

  3. I live on the east side and I have read all your comments. a local paper just did an article on Washington square mall with just as many comments and concerns. I am not sure if they are still around, but there was an east side coalition with good intentions to do good things on the east side. And there is a facebook post that called my eastside indy with many old members of the eastside who voice concerns about the east side of the city. We need to come together and not just complain and moan, but come up with actual concrete solutions, because what Dal said is very very true- the eastside could be a goldmine in the right hands. But if anyone is going damn, and change things, it is us eastside residents

  4. Please go back re-read your economics text book and the fine print on the February 2014 CBO report. A minimum wage increase has never resulted in a net job loss...

  5. The GOP at the Statehouse is more interested in PR to keep their majority, than using it to get anything good actually done. The State continues its downward spiral.

ADVERTISEMENT