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Construction defects in condominiums present unique and discreet issues that are not present in the ordinary single family residential or commercial building cases. Condominiums consist of an association of homeowners. In almost every construction defect case, the defects encompass common areas of the condominium, as well as limited common areas. Thus, the association as a whole ordinarily pursues claims on behalf of two or more homeowners. Condominium construction defect claims may involve complicated and comprehensive issues related to multiple components of the condominium, including roofs, exterior cladding, windows, doors, garages and grounds.
Within the past few years, the state legislature has amended the Washington Condominium Act, resulting in potential procedural traps and onerous pre-filing administrative requirements. Counsel who represent condominium associations should be experienced with working with a board of directors, ordinarily a group of volunteers without extensive governance or litigation experience. Counsel should also be well prepared to spearhead the entire litigation team, including forensic expert consultants. In addition to providing counsel to the board of directors, the attorney should also work with and assist the association’s property manager and liaison with individual homeowners, when needed. Because construction defect claims involve an association, individual homeowners and multiple third parties, complex insurance issues are often triggered. This is an area of the law that should only be handled by well qualified and experienced counsel.
Barker Martin, P.S. has resolved over 70 condominium association claims, with over 30 cases in excess of $1 million recovery and six cases in excess of $5 million recovery.
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