IBJNews

Downtown condo residents sue developer over damage

Back to TopCommentsE-mailPrintBookmark and Share

The homeowners association for a downtown Indianapolis condominium is suing the well-known developer of the project, claiming faulty construction has resulted in significant damage to the structure.

The Hudson Condominium Association Inc. filed the suit last week against The Hudson Condominiums LLC, an entity established by Carmel-based Kosene & Kosene Residential Inc. to develop the project.

Kosene began construction on the 70-unit Hudson building at 355 E. Ohio St. in 2004 and finished in 2006. The Hudson is one of three luxury condo projects, including the Maxwell and Packard, that Kosene has developed downtown and named after classic cars.

Units in the Hudson range from 901 square feet to 2,804 square feet and originally sold for between $176,350 and $721,517.

The complaint alleges that Hudson residents last year 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 is suing Kosene for breach of implied warranty and negligence, and wants the developer to pay to repair the building.

It’s unknown how much the repairs might cost. A lawyer representing the association said the amount has yet to be determined.

"We're hoping that we'll have it resolved one way or another and get this whole dispute put behind us fairly quickly," said Joseph Chapelle, an attorney at Barnes & Thornburg LLP who represents the condo owners.

David Kosene, president of Kosene & Kosene, said his company is reviewing the claim and also is hoping for an "amicable resolution."

The homeowners association filed its suit in Marion Superior Court on March 13, the same day it filed a similar complaint against its insurer, The Travelers Indemnity Co. of America.

Earlier in the month, Travelers 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.

ADVERTISEMENT

  • INDIANA CODE AND INDIANA ADMINISTRATIVE CODE????
    As part of the "turnover" of the Assocation's Developer controlled Board of Directors to the unit owners' a structural engineer should be hired and an intensive scrutiny of the building should occur.

    The legislature should require the developer/seller to purchase "tail coverage" which would cover for some length of time after the General Contractor product liability policy runs out ( they should buy a PROJECT SPECIFIC POLICY) thus its not tied to whether they stay in business or are sued or not. Further the state should Mandate Financial Acoounting "Turnover" Audit like is legally required inthe State of FL. The Indiana General Assembly does not have a clue.

    Furthermore, unit owners who served on the BOD and were negligent should be sued personally if they were derelict in their duties and stewardship functions.
  • Where Was The Building Department
    It appears that the City and County Building Department really mess-up on several projects. Sadly, the residents of each building must go back on the builder and can never sue the Building Department. I am really surprised that people purchase new condos and never consider hiring a Structural Engineer or Licensed Commercial Building Inspector. When each Condo was purchased, it would be interesting to know if the buyers signed a waiver of inspection document. Clearly, the property values at these various locations built by Kosene & Kosene are soon to be devalued as potential buyers steer clear of any building built by Kosene & Kosene.
  • Packard
    The Packard has BIG problems too. Built & managed by Kosene& Kosene since 2004. Leaks throughout the building. Outter "skin" coming off this summer. Numerous code violations & faulty construction.

    Time to stop Kosene from building in Indy!
  • MONON ROW
    Monon Row in Broadripple was built by the same company around 2002. People their complain about the lack of noise mediation between the units. Thus, hearing your neighbors doing "everything".
  • engineer inspection
    The marion co. engineers inspection dept. should be brought up on failed inspection charges. Joist hangers are a major point in any new construction inspection.

    By state law, the general contractor is liable for all structural components from the foundation-up for a period of ten years following completion of said construction. General contractor should be allowed to correct said structural problem followed by re-inpection by a replaced marion co. building inspector. All cost and inconveniances should be paid by the general contractor.
  • Hudson
    Date of loss freezes coverage regardless if or when the police cancelled after the date. As long as it is documented thing Travelers may be in it....assuming there was the right coverage in place.

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. Only half a million TV Viewers? And thats an increase? I knew Indycar was struggling but I didn't know it was that bad. Hell, if NASCAR hits 5 Million viewers everyone starts freaking out saying its going down hill. It has a long way to before Indycar even hits NASCAR's bad days.

  2. IU has been talking that line for years with no real progress even with the last Dean, Dr. Brater. Why will an outsider, Dr. Hess, make a difference? With no proof of additional resources (cash in the bank), and a concrete plan to move an academic model that has been outdated for decades with a faculty complacent with tenure and inertia, I can count on IU to remain the same during the tenure of Dr. Hess. One ought to look to Purdue and Notre Dame for change and innovation. It is just too bad that both of those schools do not have their own medical school. Competition might wake up IU. My guess is, that even with those additions to our State, IU will remain in its own little world squandering our State's tax dollars. Why would any donor want to contribute to IU with its track record? What is its strategy to deal with the physician shortage for our State? New leadership will not be enough for us to expect any change.

  3. How do you think the Bridges got approved? I spent a couple days researching PAC's and individual contributions to some city council members during that time. My printouts were inches thick on the two I concentrated on. Finally gave up. Was disgusted with all the donations, and who they were from. Would have taken me days and days to compile a complete list. Tried to give it to the Star reporter, but he thought it was all just fine. (and apparently he was treated well himself) He ended up being laid off or fired though. And then of course, there was land donated to the dad's club, or city, as a partial payoff. All done in the shining example of "charity." No, none of these contributions are a coincidence.

  4. I agree what kind of help or if any will be there for Dr. Ley's patients. I was a patient myself.

  5. What about the hundreds of patients who sought this doctor for the right reasons, to quit drugs. what option do these patients now have, experience horrible withdrawl or return to heroin?? those are the choices. what about the children of these former addicts who's parent(s) WILL not b able to maintain their job, for @ least 2 weeks.. There needs to b an emergency clinic opened for these patients.

ADVERTISEMENT