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When interviewing law firms, we suggest considering some of the following questions as it is important to select the best firm for your needs.
| Q. | What percentage of the law firm’s practice involves construction defect litigation? |
| A. | Barker Martin, P.S. limits its entire practice to the resolution of construction defect claims and homeowner association representation. Unlike large firms that have multiple practice areas, for example, transactional, securities, government compliance, real estate and general civil litigation, Barker Martin, P.S. attorneys practice exclusively in this area of the law.
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| Q. | How long has the law firm practiced construction defect litigation? |
| A. | Construction defect litigation is an area of evolving and ever changing law. Both Washington and Oregon state legislatures have passed numerous laws in the past few years that affect homeowner, developer and contractor rights and places significant procedural requirements on how construction defect claims may be litigated. Bo Barker began practicing condominium construction defect litigation in 1983. Since its inception, Barker Martin, P.S. has limited its practice to construction defect and homeowner general counsel representation.
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| Q. | How long has the law firm practiced in the Pacific Northwest? |
| A. | Construction defect litigation is not the same in every region of the country. In addition to significant variances in laws and civil procedures, there are particular nuances regarding construction techniques and practices that vary among the states and regions. What works in California may not be applicable or appropriate in Oregon or Washington. Barker Martin, P.S. has its roots firmly planted in the Pacific Northwest. Unlike some construction defect law firms who started in California and moved north once the California market became overcrowded, Barker Martin, P.S. was founded in Seattle, and has limited its practice exclusively to Washington and Oregon. We are the oldest boutique construction defect litigation law firm founded and practicing in the Pacific Northwest—it’s what we do, day in and day out.
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| Q. | How much experience does the law firm have in analyzing insurance policies? |
| A. | As insurance companies draft more restrictive homeowner and homeowner association insurance policies that contain more and more policy exclusions, it is becoming increasingly vital for homeowners, homeowner associations and senior care facility owners to obtain expert legal advice to navigate the complicated maze of their insurance policies. In certain circumstances when a homeowner or homeowner association pursues claims against third parties for construction defect claims, it is possible to tender a claim with the homeowner or association’s own insurer. Also, much more common, in order to maximize recovery against third parties such as developers or contractors, an owner or association will take an assignment of claims, step into the shoes of a developer or contractor and tender a claim against the third party’s own insurance company. In these circumstances, it is vital for the owner’s or association’s attorney to provide expert legal advice as to the coverages and possible exclusions under the policy. Some of our competition does not feel they have the requisite expertise to analyze such insurance policies, and instead, associate with outside counsel to perform this function at added cost to their clients. Barker Martin’s attorneys have extensive experience analyzing Commercial General Liability, Builder’s Risk, Wrap and homeowner association policies.
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| Q. | Can your firm handle an insurance declaratory judgment or bad faith claim? |
| A. | As described in the preceding section, insurance coverage litigation often parallels or accompanies comprehensive construction defect claims. Following comprehensive analysis of specific insurance policies, it may be necessary for an owner or association to file suit against an insurance company. Although sometimes conducted in conjunction with a construction defect claim, insurance coverage litigation is a separate and distinct body of law. Barker Martin has filed suit on behalf of its clients against numerous insurance companies, including Zurich, Assurance of America, Safeco and Mutual of Enumclaw, to name but a few, both in state and federal court. The attorneys of Barker Martin are not intimidated by insurance companies; in fact, they relish the opportunity to battle and recover on behalf of our clients against these behemoth conglomerates.
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| Q. | Is there post-resolution support? |
| A. | After the Association resolves its claim, Barker Martin is committed to helping with the reconstruction process. Implementing a repair plan can be a daunting process, and we will provide the support your Association needs. This aspect of your claim may mean as much as mediating disputes between contractors and architects during the reconstruction process, or as little as providing documents to the Association so it can begin interviewing contractors itself.
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| Q. | What support does the firm provide following resolution of the legal claim? |
| A. | Pursuit of a construction defect claim involves a two-step process: (1) resolving the legal claim and hopefully obtaining a monetary recovery; and (2) conducting the repair process. At Barker Martin, P.S., we believe an attorney should not disappear once the settlement check is disbursed. Resolution of the legal claim is merely the first step, the owner or association still needs to repair their building(s). We feel that part of our fee is earned after resolution of the legal claim as we help guide our clients through the remediation process. We offer to help screen potential construction consultants and contractors and review contracts to ensure our clients have the best chance of a successful repair, so they do not have to repeat the construction defect experience a second time around. |
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| Q. | What is the firm’s track record regarding the number of clients who have had to specially assess themselves to cover a gap in recovery? |
| A. | When pursuing a construction defect claim, every owner or association desires to maximize their recovery in order to minimize their out-of-pocket expenses when repairing their building(s). In addition to construction costs, there are investigative and litigation costs associated with pursuing legal claims, along with attorneys’ fees. At Barker Martin, we have resolved through settlement or trial over 70 homeowner association and single-family residence claims. Of these clients, only one had to specially assess itself in order to effectuate all repairs (This was due to the developer lacking any insurance whatsoever and the general contractor having minimal insurance. Even in this case, although the association faced a total repair bill that equated to over $50,000 per unit, there was enough of a recovery to minimize the actual special assessment to just $2,800 per unit.). |
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| Q. | How much trial experience does the firm have? |
| A. | Although owners or associations would prefer to resolve their claims outside of a courtroom, most often it is necessary to file a lawsuit in order to trigger insurance coverage for the third-parties. Even when a lawsuit is filed, approximately 95 percent of civil cases settle prior to trial. But what happens if you happen to fall within the 5 percent of cases that actually go to trial? Is the law firm equipped and experienced to handle such a complex trial that may include up to 20 parties, including the owner or homeowner, developer, contractor and numerous subcontractors? Some of our competitors are not equipped or feel qualified to take a case all the way through trial, and instead, will associate with another firm mid-stream if there is a chance the case is headed to trial. Barker Martin is one of a select few Pacific Northwest firms that has actually taken a condominium construction defect case all the way through trial and to verdict. Our attorneys have substantial trial experience—not just pretrial discovery and litigation work—including three attorneys who are former prosecutors with extensive jury trial experience. Our firm employs eight attorneys and a complete staff of paralegals and legal assistants. Our goal is to resolve each case well before trial, but in the event trial is necessary, we are fully prepared with sufficient resources to do battle. |
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| Q. | Is the firm prepared to handle an appeal, if necessary? |
| A. | Following resolution or partial resolution of a construction defect claim, there remains the prospect that a defendant or insurance company will appeal a court ruling or jury verdict. In recent years, this practice by the insurance companies has become more and more common. Appellate practice, similar to insurance coverage analysis and litigation, is a separate area of law to the underlying construction defect litigation. Appeals are handled in an entirely separate court with different procedural and substantive rules. Some of our competition associate with firms that specialize in appellate practice, at added cost to their clients. Barker Martin, P.S. handles any subsequent appeals as part of its comprehensive representation of its clients, subject to terms contained within each representation and fee agreement. Our attorneys have handled appeals in both Washington Appellate Court and Washington Supreme Court. |
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| Q. | Will the firm advance costs? |
| A. | Pursuit of a construction defect case includes expert witness fees, investigation costs, litigation expenses and other administrative costs. The vast majority of owner and association clients do not have sufficient funds to finance such an endeavor. Rather than specially assess themselves, in certain circumstances, a law firm can advance the litigation and investigation costs associated with this type of claim. Such advancement must be undertaken under strict Rules of Professional Conduct and other state laws. Barker Martin, P.S., will consider advancing part or all of the costs of litigation, subject to review on a case-by-case basis. |
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