Page 8 - New England Condominium March 2022

8 NEW ENGLAND CONDOMINIUM -MARCH 2022 NEWENGLANDCONDO.COM their nature disruptive, and while damage or breakage is never intentional, it’s inevi- table—but proper notice and preparation ahead of time can reduce the risk. Windows Another major undertaking in any community, large or small, high-rise or townhouse, is the replacement of win- dows. Window replacement is almost al- ways a community-wide project; both for reasons of economy of scale in purchas- ing and labor, and to maintain a uniform look throughout a property, it’s very rarely done on a single unit basis. Th e fi rst question is whether window replacement should be considered an ex- terior or interior job. In many ways it’s both, even though most people think of it as exterior work, since windows protect us from the elements outside our homes. Alimonti diff ers. “Window replace- ment is really an interior job, because it requires interior access,” she says. “Re- moval of old windows, prep for the new ones, and reinstallation are all done from inside—so it’s crucial to coordinate with tenants. Have them remove everything from at least six feet from the windows so contractors can do work without damag- ing anything. Th e nightmare scenario is when a resident doesn’t do that, and then accuses the contractor of damage. In some apartments there can be a problem if the walls adjacent to or under the windows are mirrored, or covered with marble, because those surfaces are prone to damage. An- other item to consider is radiator cabinets, which should be removed before window replacement, and may require alteration aft er. Th e best policy is to do a thorough survey before beginning the project.” Mackey concurs. “Interior access is needed to remove and reinstall windows and doors, etc.,” he says. “Th e contractor will have to reinsulate and seal casings. Th e process can cause interior damage. Just to get the old window out, you need access to the interior of the units. Any- thing near the windows must be removed. Th e installers also must have a work area. Furniture of any kind, curtains, shades, etc. must be out of the way so that the in- stallers can work eff ectively and as quickly as possible.” And like pretty much everything else, Mackey says the pandemic has compli- cated things. “Pre-COVID,” he continues, “it was fairly easy to arrange interior ac- cess and get work done quickly. Now, not so much. Frankly, it’s dramatically more diffi cult. Everyone has to mask up. If any- one tests positive in the unit where the job is underway, the rest of the job has to be delayed until negative tests are obtained from everyone exposed.” And if a worker tests positive, “contractors would have to quarantine and that would also delay the entire project.” Th at’s where management plays a critical role. “Managers must con- tact the owners and act as the traffi c cop to keep things moving smoothly,” says Mackey. Water, Water, Everywhere Water and weather pose an additional threat to interior spaces during exterior maintenance projects. “Water leakage is a problem when work is ongoing and bricks or other exterior materials are missing,” says Alimonti. “At the end of each day’s work, the workmen should cover every exterior wall with removed bricks or other open spaces with plastic tarp \[to\] prevent infi ltration by water. Th is also helps block cold weather and wind.” Alimonti recalls an instance when work crews didn’t pro- tect the exterior walls with tarp while waiting on the delivery of some terracotta replacement tiles, and the building’s inte- rior pipes froze and burst on a very cold night, causing terrible leakage—and a lawsuit. Noise Along with communication, Mackey tunities to resolve them. It’s imperative to also stresses the importance of working place \[contractors\] on notice of the issues with competent, reliable, experienced and off er them an opportunity to cure the contractors as a major factor in success- ful exterior maintenance projects. “First of all, the contractor must have a good not wait too long, or give the contractor crew. No swearing, yelling, screaming, too much proverbial rope before consider- music playing. Th at’s simply not accept- able; these are people’s homes. Control try to amicably work out the issue before that noise, because the noise from saws, terminating a contractor and believe that etc., can’t be controlled. Crews can also many issues can be resolved with commu- start noisy work a little later. Th ey can ar- rive at 7:00 a.m. to prep for the day, but counsel and their architect, and review the wait to start using noisy machinery until AIA, and thereaft er propose a framework 8:00 a.m.” Alimonti adds that “for exterior work, nation.” noise from small tools is to be expected and must be accepted, but from large tools eventually have to navigate the process like jack hammers, no. Th ose can also of a major exterior repair or replacement cause actual damage. In New York, con- trolling dust is mandated by the Depart- ment of Buildings (DOB), but it’s impos- sible to eliminate it completely. Handheld may arise, it can be a smoother, less dis- tools must have vacuum bags, windows ruptive experience for all. should be kept closed, and A/C units cov- ered from the outside.” Legal Considerations So given all that, what should a co-op or condo board do if a contractor hasn’t lived up to their agreement or has caused damage or other problems? “Large projects in co-ops and condo- miniums are never easy, particularly when something goes wrong,” says Mark Hakim, an attorney with Manhattan-based law fi rm Schwartz Sladkus Reich Greenberg Atlas. “Th e majority of the time things run smoothly, but when they don’t, it creates stress for the board members, the share- holders, and all the professionals involved. When a large project is underway at a co- op or condominium, the work is usually subject to a highly negotiated agreement, typically one promulgated by the Ameri- can Institute of Architects (AIA). Th ese AIA forms oft en detail how disputes are to be governed, and what is required for either party to terminate \[the contract\], whether or not for cause.” He goes on to say that “terminating a contract—particularly in a large scope project that is already underway—is a de- cision that should never be taken lightly or made hastily. Replacing a contractor midway through a job is quite diffi cult and oft en comes with its own issues and problems. Th e existing contractor may not leave quietly and may disagree vehe- mently with the allegations being made. Th e new contractor may very well come in and not want to make any sort of war- ranty or guarantee as to the previous work performed. “We recommend that before any con- tract is terminated, a board and its pro- fessionals, including their architect, meet and discuss the issues in order to resolve them. Give them concrete examples of the problems, as well as deadlines and oppor- problem, if it can still be cured.” Th at said, however, “a board should ing termination. We feel it is always best to nication. Th e board should always consult for resolution and, if necessary, for termi- Every community and board will project—but with prudent planning, clear, transparent communication, and a proac- tive approach to potential problems that n A.J. Sidransky is a staff writer/reporter for New England Condominium, and a pub- lished novelist. He can be reached at alan@ yrinc.com. EXTERIOR... continued from page 1 “Furniture of any kind, curtains, shades, etc. must be out of the way so that the installers can work eff ectively and as quickly as possible.” — William Mackey mediation of any problems they uncover. But the cost for noncompliance—wheth- er from fines, penalties, legal expenses, or one of those systemic failures just mentioned—is far greater, and more im- portant to avoid. Exteriors One of the more vexing inspections for property managers and boards of direc- tors is of the building exterior walls and appurtenances—usually referred to as the ‘façade’ or the ‘envelope.’ Since co-ops and condos tend to be large, multi-story structures made of brick or other ma- sonry, their exteriors have many points of wear and deterioration. Their size and composition also make them more sus- ceptible to the elements; their height and location in densely populated areas mean that any structural failures can have cata- strophic consequences. Adding to this complexity, the gover- nance structure and shared financial re- sponsibility among the owners or share- holders of common interest communities can make the process of planning and paying for property-wide inspections more protracted, and the disruptions they occasionally cause more problemat- ic. In dense cities like New York, Boston, Chicago, or Jersey City (all of which have façade inspection laws on the books), a building’s proximity to its neighbors can mean that inspections and their safety measures like sidewalk bridging and scaffolding may necessarily encroach onto an adjoining property—and vice versa. All of this must be worked out in advance, before the scope or duration of the inspection process is even known. New York City attorney Adam Fin- kelstein of law firm Kagan Lubic Lep- per Finkelstein & Gold has seen these difficulties firsthand. He says, “In my conversations with property managers, façade inspections have become one of the biggest pains to their existence, be- cause the codes are constantly changing and constantly requiring more and more budgetary constraints, as well as physical construction projects that are disruptive to anyone whose building is undergoing this type of work. At the same time, it’s been a boon to contractors and engineers, because the cost of these projects can be exorbitant. And many times buildings are not well prepared for what’s discov- ered when the inspections take place and scope of work is ultimately determined.” According to Andrew Rudansky, a spokesperson for the New York Depart- ment of Buildings (DOB), these inspec- tions, previously known as Local Law 11 inspections, are now referred to as the Façade Inspection & Safety Program— FISP for short—and must be performed BUILDING... continued from page 1 continued on page 10