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. Good Day I am Mr (Victoria Wright) from United state of America, i stayed in NEW YORK, and i have a broke up business, until i found this company email who help me to gain a loan for business,, and now i want to used this short medium to congratulate the below company for the fast and safe money they loan to me without any form of collateral, i loan 500,000USD from the company to save my business and lots more, i saw their mail on the internet, everyone always give testimony for what they did, so i quickly contacted them and they all did everything for me without stress and my money was sent to my account just 3 days later, i was surprise and i feel so glad, now i have a standard business control agent who help me, now i will advice those who need urgent loan to contact him at the bellow email:zenithfirm12@gmail.com

  2. NOTICE:This is to inform the general public that Vampires are real. My name is James Franklyn.,am an agent of vampire,am here to introduce our new world trend to you,a world of vampire where life get easier,we have made so many persons vampires and have turned them rich,you will be assured long life and prosperity,you shall be made to be very sensitive to mental alertness,stronger and also very fast,you will not be restricted to walking at night only even at the very middle of broad day light you will be made to walk.In case you are wildly oppressed by some unscrupulous persons we can still help you fight them.Your protection is assured immediately you join.Just contact the bellow email if you are interested we are here to attend to you anytime you want us. Contact the bellow email for more details. Email:vampirescreed@hotmail.com Sincerely: James Franklyn.

  3. Bravo! Someone else that is willing to speak the truth! Bravo!_____NBCSN is available in almost 2 MILLION more homes than just a few years ago, but Indycar STILL gets less total viewers than it did just a few years ago when NBC took over Versus. Attendance and ratings cratered with the end of season races (just when the title battle got "interesting" HAH!__________And now...new race in Basilia, where Miles celebrated the "rich history" of Indycar racing there. Rich history? What, 7 events in the 100 years of AOW? Yep, some history. Well, at least its an oval. It's not??? Are you kidding me??? Gosh darn road racin furriners.

  4. PURITY RAY LOAN OFFER........ Have you been denied by your banks,or are you in need of of an urgent loan to pay of your bills we are capable of giving loans @ cheaper rate to interested individuals, student, companies and members of the public in need of finance to settle bills, we do offer considerable loans which you can count on. For more information on our various types of loan,then you will have to contact PURITY RAY LOAN FIRM, to help you achieve your desire LOAN APPLICATION FORM TO BE FILLED BORROWERS INFORMATION * Full name:………………………. * SEX * ……………………………. * Country………………………….. * State:……………………………. * Land:…………………………….. * Occupation:…………………….. * phone number:…………………. * Telephone: ………………………….. * Age:………………………………. * Amount needed as loan:……… * Loan Duration:………………….. * Propose of Loan:……………….. * Annual revenue:………………… * Monthly Income:……………….. * Guarantee:………………………. * Payment: monthly or annually Email.....purityrayloanfirm@gmail.com Thank you and God bless Mr Purity Ray PURITY RAY LOAN FIRM we tend to serve you better

  5. Problem: most of the people responding to this article don't know about this service AT ALL! Why? Lack of awareness. This isn't IndyGo. This is CIRTA: might as well be the mattress company because they are asleep at the wheel - something like 3 directors over the last year? Playing with federal grant money is great! This "region" wants commuter rail service, has spent MILLIONS on Transportation studies yet can't even support a commuter bus line? This is largely for suburban riders to get to downtown - not for "service people to work in our hotels and restaurants" ! Get your head out of your backside!! These are professionals, students etc. that don't want to fight traffic, save some money on parking, gas, stress.... if CIRTA would put their federal money into widely promoting the sevive to Greenwood, Fishers & Carmel instead of finding directors and studies - this would be a successful service. Our family uses(d) it daily for the last several years - but the recent uncertainty & now unreliability due to cuts from Carmel has been a problem. Now, costs us an additional $350/month for gas & parking ( $4200/year) plus vehicle wear, service, environmental impact ... YES - this REGION needs this this type of service in order to keep growing and getting the people it needs to fill skilled positions in downtown Indianapolis. Think outside of your own car !!!

ADVERTISEMENT