Residents of a 5-year-old condominium in Beacon are suing an Armonk developer for $2.5 million for allegedly building a leaky structure.
The board of managers of 249 Main Street Condominium accused 249 Main Street LLC of breach of implied warranty of habitability, in a complaint filed on May 18 in Westchester Supreme Court.
The developer “failed to construct and deliver a building free from material defects,” the complaint states, “and has failed to properly address known and recurring conditions of water infiltration throughout the building.”
The 52,000-square-foot building includes commercial spaces on the ground floor and 28 condos on three floors. It is near the banks of the Hudson River in Dutchess County in the midst of a business district that features art galleries, boutiques and restaurants.
The complaint does not provide details about the developer, but the summons links the business to Stajus Consulting LLC, an Armonk company led by Jeffrey L. Cohen.
A ground floor medical spa and owners of seven residential condos claim that water has infiltrated ceilings, walls, windows and doors, and has damaged the interior finishes. The alleged damages have been seen on all floors and across different areas of the building, according to the complaint, demonstrating that the problem is systemic and not isolated.
Water seeps in from the roof, facade, and exterior walls due to improperly installed or defective sealant, flashing, drains and cladding, the complaint states, and attempts by the developer to repair the building have failed.
The condo owners claim that the roof must be replaced, for an estimated $945,000, and that the exterior walls, facade, flashing, waterproofing systems, and hot water system must be repaired or replaced.
They estimated total costs of at least $2.5 million, including inspection expenses and damages to personal property.
Besides breach of habitability, the owners accused the developer of negligence; breach of contract for pledging to build the structure in accordance with accepted industry standards; breach of implied warranty; and breach of covenant of quiet enjoyment.
