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Managing Major Repairs
A Condominium Owner’s Manual

Appendix 6

Sample Cost Recovery Legal Process

Time Frame

Legal Task

Fees

First Month
  • Meet with strata council, building envelope professional and property manager
  • Gather information
  • Prepare initial cost recovery plan

$5,000.00

First Three Months
  • Meet with building envelope professional
  • Assess construction deficiencies, Building Code violations, etc.
  • Identify responsibility for deficiencies or design problems
  • Initiate "Scott Schedule"
  • Assess the merits of damage claims

$1,500.00

Fourth Month
  • Investigate and research possible claims
  • Prepare a statement of claim
  • Review available defendant statements

$3,500.00

Fifth Month
  • Prepare for legal process
  • Case management conference

$1,500.00

Sixth and Seventh Month
  • Prepare strata council documents
  • Request defendant documents
  • Review and summarize documents
  • Investigate facts and extent of provable claim

$5,000.00

Eighth and Ninth Month
  • Initiate mediated settlement if non-litigated resolution is feasible
  • Prepare for settlement conference
  • Participate in mediated resolution

$8,500.00

Nine Month Duration
  • Miscellaneous administrative costs
  • meetings, strategic planning, correspondence...

$2,500.00

 

Sub-Total of Fees

$27,500.00

 

Disbursements & Taxes

$2,500.00

 

Total Budget

$30,000.00

Note: This is a sample of only one possible legal strategy and budget. It is not intended to be a guaranteed process or fee structure for any particular major repair cost recovery plan.

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