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Downtown condo residents sue developer over damage

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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.

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  • 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.

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