Lease Ups: Maintenance VS Defect (Virtual)-2026

Presented by: Cass McKenzie, Managing Partner, McKenzie Mena, LLP

What you’ll learn:
In this webinar, we’ll break down the difference between maintenance and construction defects—and where your legal rights come into play.
Defining Construction Defects
• Issues tied to design, materials, or workmanship that lead to damage or safety concerns
• Common examples include water intrusion from improper flashing, foundation cracks due to poor soil compaction, and widespread HVAC failures
• Responsibility often traces back to the developer, builder, or contractors
Defining Maintenance
• Routine upkeep needed to preserve the property’s condition and value
• Includes items like painting, landscaping, gutter cleaning, replacing worn caulking, and general roof upkeep
• Responsibility typically falls on the association or owners
Legal Rights & Considerations
• Understanding your rights when defects are identified
• Statutes of limitations and repose—why timing matters and how quickly windows to act can close
• When it makes sense to dig deeper and explore potential claims
Attendees can earn 1 CEC!