Define: Extraordinary Repair

Extraordinary Repair
Extraordinary Repair
Quick Summary of Extraordinary Repair

Extraordinary repair refers to the type of repair required when an unforeseen event occurs, causing damage to a building that does not render it completely unusable but diminishes its functionality for its intended purpose. This form of repair goes beyond the typical or routine maintenance and involves addressing exceptional circumstances.

Full Definition Of Extraordinary Repair

An extraordinary repair refers to a repair that is not part of the routine maintenance of a building. It is required as a result of an uncommon or unforeseen incident that does not demolish the building but renders it less suitable for its intended purpose. This type of repair surpasses the usual, customary, or regular repairs. For instance, replacing a roof that has been damaged by a severe storm, repairing a foundation that has shifted due to soil erosion, or fixing a broken window caused by a baseball. These examples highlight the distinction between an extraordinary repair and regular maintenance. While regular maintenance encompasses tasks such as cleaning, painting, and minor repairs, extraordinary repairs are necessary due to unexpected events that cause significant damage to the building.

Extraordinary Repair FAQ'S

An extraordinary repair refers to a major repair or renovation work that is necessary to maintain the functionality or safety of a property. It typically involves significant costs and may require specialized expertise.

The responsibility for paying for an extraordinary repair depends on the specific circumstances and the terms of any applicable contracts or agreements. In some cases, the property owner may be responsible, while in others, it may be the responsibility of a tenant or a homeowners’ association.

In general, a landlord cannot require a tenant to pay for an extraordinary repair unless it is explicitly stated in the lease agreement. However, if the tenant caused the damage that necessitates the repair, they may be held responsible for the costs.

Yes, a homeowners’ association can enforce an extraordinary repair on its members if it is outlined in the association’s governing documents, such as the bylaws or covenants. Members are typically required to contribute to the cost of such repairs through association fees or special assessments.

A property owner may refuse to undertake an extraordinary repair if they believe it is unnecessary or if they cannot afford the costs. However, this refusal may have legal consequences, such as violating local building codes or breaching contractual obligations.

In some jurisdictions, tenants may be allowed to withhold rent if an extraordinary repair is not completed within a reasonable timeframe. However, this typically requires following specific legal procedures and providing proper notice to the landlord.

Yes, a contractor can be held liable for faulty extraordinary repairs if they fail to meet the required standards of workmanship or if the repair causes further damage. In such cases, the property owner or the party who hired the contractor may be entitled to seek compensation for the damages.

Whether insurance covers the costs of an extraordinary repair depends on the specific terms and coverage of the insurance policy. It is advisable to review the policy and consult with the insurance provider to determine if the repair is covered.

In some cases, a property owner may be eligible for tax deductions for an extraordinary repair. However, the eligibility and specific deductions vary based on the jurisdiction and the purpose of the repair. Consulting with a tax professional is recommended to understand the applicable tax laws.

In certain situations, a property owner may be able to seek reimbursement for an extraordinary repair from a previous owner if the repair was necessitated by a defect or issue that existed prior to the current owner’s acquisition of the property. However, this typically requires proving the previous owner’s knowledge or negligence regarding the issue.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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