Key legal question
Whether costs to remedy consequential damage caused by construction defects are deductible as property maintenance
Extracted holding
Repair costs for damage to originally non-defective parts of the property are deductible maintenance expenses to the extent they merely restore the former condition and do not increase value.
Extracted reasoning
The court distinguished between non-deductible costs for eliminating the original defect and deductible costs for repairing consequential damage. Since the facade and other affected parts were not defective from the outset, their equal replacement was maintenance, not value enhancement, unless higher-value materials or unaffected parts were renovated as well.