Justice David Schmidt
Board of Managers of NV 101 N 5th Street Condominium sought to recover damages for the alleged defective and/or negligent design, development, construction and operation of a condominium project that consisted of a seven-story building with 40 residential units. Plaintiff contended that, following the closing of the first unit, it began receiving complaints from unit owners for defects including leaks, HVAC problems, improper roofing, missing pavers, improper drainage and cracking of the concrete floor. Plaintiff alleged that defendant architectural firm knew that its reports, which would be relied upon by purchasers of the units, omitted material facts and representations, were deceptive, and contained promises and representations that were untrue or unwarranted. The court held that plaintiff cannot maintain a breach of contract claim as against the architect defendants since it failed to allege any other independent breaches of contract on the architects’ part.
