Should I make repairs while the construction defect lawsuit is pending and can I recover those costs in the lawsuit?
You should not make repairs to defective components while the case is in construction defect litigation. There’s a number of reasons for that. One is that if you do the repairs and don’t give proper notice, then you can have that claim eliminated because it’s what is technically called the spoliation of evidence because the defense never got to see it. Another reason why you don’t want to do permanent repairs is because depending upon what other components may be defective, you may have to go back in and rip out those repairs which is part of the overall repair of the project.
Then finally, since a lot of this work is done by either the condominium association or the homeowners’ association, if they spend too much time and money doing permanent repairs, they’re going to run out of money before the case is resolved.