The Uncommon Area

The Uncommon Area


Avoiding Costly Mistakes in Construction Defect Litigation | Ep. 77

October 28, 2025

Is your HOA facing construction defects or considering legal action? In this episode of The Uncommon Area, host Matthew Holbrook talks with Joe Smith of Burg Simpson Law Firm about how community associations can protect themselves when construction issues arise.

They cover everything from identifying potential defects and navigating statutes of limitation to understanding tolling agreements and strategic settlements. You’ll learn what steps boards should take before litigation and why most cases settle long before trial.

This episode is a must-listen for HOA board members, property managers, and community leaders who want expert guidance on construction defect claims and risk management in common-interest communities.


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