Condo Owners Lose Bid to Assert New Damage Claims After Settlement

WEST PALM BEACH, Fla. - Condominium owners who failed to opt out of a settlement between their condominium association and contractors blamed for leaks are barred from suing later for additional damage, a Florida appellate court has affirmed. Lazzaro, et al. v. Miller & Solomon General Contractors Inc., et al., No. 4D09-3533 (Fla. Ct. App., 4th Dist.).

Florida's Fourth District Court of Appeal said in its Dec. 1 opinion that Theodore and Lynda Lazzaro failed to offer any evidence that they opted out of the earlier settlement, despite having an opportunity to do so before it was approved by a …