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Case Study: Evanston Square Condominium Owners Association I. Investigation and Identification of Construction Defects The attorneys of Barker Martin have over seven decades combined experience investigating construction defects. We take pride in our legal expertise and our ability to assist community associations and owners select the most qualified expert consultants in the industry, including architects, engineers, cost estimators, construction experts, and others. We work diligently with our clients and the experts to identify deficiencies and defects, and provide legal analysis regarding the appropriate claims to file and courses of action to take against the developers and contractors. Ordinarily, Barker Martin is contacted by a homeowner association or owner who has identified a potential construction related problem. Working with expert consultants, we conduct a thorough investigation, including inspection of the building envelope and occasionally structural components of the building. In the case of Evanston Square Condominiums, a four-story, 41-unit condominium complex located in Seattle, Washington, the Association was referred to Barker Martin by a property manager who was familiar with the firm's expertise and reputation. We obtained and reviewed in detail the set of plans approved by the building department, as well as other records from the City of Seattle. We then contacted several expert consultants who reviewed the documentation and the site and then planned and conducted a tailor-made investigation. The experts identified several construction defects, including improperly installed siding (a combination of stucco and EIFS exterior claddings), defectively installed building paper and vinyl siding, improperly constructed masonry walls, defective waterproofing of post-tension concrete slabs and walkways, improperly constructed decks, improperly installed roofs, plumbing leaks and inadequate below-grade waterproofing. A representative sampling of photos showing some of the defects can be found below. As a result of the multiple defects, the Association filed suit against the developer on June 11, 2002.
II. Resolution of Claims At the outset of a case, Barker Martin attorneys first pursue a cooperative approach with the developer to reach an agreed list of defects and scope of repair. If successful, this cooperative effort results in a quicker and more efficient resolution. Unfortunately in the Evanston case, the Association and the developer were unable to agree to a cooperative approach that was in the best interest of the Association. As occurs in the majority of the condominium defect cases, the developer ultimately sued a host of fourth-party subcontractors who had worked on the condominium project. Eventually, the various defendants conducted their own intrusive investigation of Evanston in the summer of 2003, and each party's experts prepared their own proposed scope of repair. Following the investigation and the disclosure of the experts' materials, the pace of the lawsuit's discovery process increased with multiple depositions occurring in the fall of 2003. Even though an early resolution was not feasible, Barker Martin continued to explore methods of resolving the lawsuit. One common method is mediation, a voluntary negotiation process that helps facilitate settlement. In the Evanston case, the parties agreed to mediation, which ultimately led to a global settlement of all claims in December of 2003. The Association received the settlement proceeds and dismissed its claims against the developer in January 2004.
III. Remediation of Defects Though settlement of the lawsuit ended the legal battle, it marked the beginning of the actual construction defect remediation process. In the majority of construction defect lawsuits, due to transactional and legal costs, plaintiffs rarely obtain all of the money necessary to complete 100% of the repairs. Fortunately for our clients, Barker Martin has had success in recovering enough money so that our clients are able to pay all litigation costs (expert fees, attorneys' fees, deposition costs, copies, etc.) and all costs necessary to repair their building. Thanks to the hard work of everyone involved, the Evanston Square settlement was sufficient to cover all costs and fully repair the building. While many of our competitors end the case and leave their clients when the settlement check arrives, we at Barker Martin stand by our clients and guide them through the entire repair process. We rely on our expertise and relationships formed over several decades to provide assistance and counsel during this complicated and sometimes overwhelming period. Whether a client chooses to seek a competitive bid, negotiate directly with a preferred contractor, use an owner's representative or deal directly with a project architect and general contractor, we offer expert advice and counsel at no additional charge. For the Evanston Square Association, the remediation was designed in the spring of 2004 and broke ground later that summer. Their remediation took approximately 10 months, and Barker Martin was there guiding them each step along the way.
Disclaimer: The above case study is an example of one case handled by Barker Martin, P.S. and should not be construed to represent the likely outcome of any other case. The results obtained by Barker Martin, P.S. on behalf of past clients are not indicative of what current or future clients may obtain. Barker Martin, P.S. provides no guarantee or warranty as to the expected outcome or results for its clients. Furthermore, use of and access to this website or any of the links contained within the site do not create an attorney-client relationship between Barker Martin, P.S. and the user or browser. The materials available at this website are for information purposes only and not for the purpose of providing legal advice. You should not act upon this information without seeking professional advice. |
