If an association sues for construction defects, does this mean we will probably take the claim to trial?

Very few construction defect claims actually go to trial. The reason for that is they’re very expensive to try, and if insurance companies hate one thing more than paying claims, it’s paying lawyers to defend those claims. As a result, cases have a tendency to settle when the trial date is on the horizon, so that there’s a reality to whatever position it is they take, but they very rarely push it all the way to trial.