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| Q. | What questions must an Association and homeowner ask? |
| A. | To successfully resolve a construction defect claim, your Association must be able to answer these four questions:
• What defects exist at my condominium?
• How should the defects be repaired?
• How much will the repairs cost?
• How strong are the legal claims and what is the best strategy to pursue them?
We will ensure the Association can answer these questions and make an informed decision about its claim.
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| Q. | What defects exist? |
| A. | Because many common construction defects are hidden, a thorough investigation is the only way to ensure that all defects are included in your claim. Associations typically have one opportunity to make a claim against the developer and contractor(s). If an Association finds other construction problems after the claim is resolved, the Association must pay to fix the problems itself.
Barker Martin draws upon more than two decades of experience to assemble the team of architects, engineers, mold experts and other specialists best suited to your claim. In cooperation with the Association, the team of experts will investigate the complex, determine the nature and scope of any defects, and explain their findings to you.
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| Q. | How should the defects be repaired? |
| A. | Following the investigation, the team of experts will write a repair plan that outlines how the defects will be fixed. The repair plan is designed to provide a long-term solution to the defects in your building.
In order to reduce costs and streamline the resolution of your claim, the Association, developer and contractor(s) may agree to perform a cooperative investigation. Barker Martin supports these cooperative efforts, but we also believe that it is vital that an Association receive independent advice from its own experts. Ultimately, an Association must live with the repairs; therefore, it is important that the Association understands and approves the repair plan.
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| Q. | What will the repairs cost? |
| A. | Using the repair plan, a reputable contractor will estimate the repair costs. Barker Martin uses the estimate to prepare the Association’s total damage claim. The total claim will include the repair estimate for construction repairs, an estimate of architect’s and engineer’s fees for the repair, the costs of the investigation, attorneys’ fees, and all other items necessary to give the homeowners what they are entitled to, a properly constructed building.
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| Q. | How strong are your legal claims and what is the best strategy to pursue them? |
| A. | Understanding the construction defects and what it will cost to repair them is not enough; your Association must have an understanding of the strength of its legal claims and a strategy to pursue those claims. The Washington Condominium Act (WCA) and Oregon Condominium Act (OCA) provide powerful protections to condominium owners, but it is only one of many legal claims that may be available to your Association. Each legal claim, however, has strict time deadlines which can impact your Association’s right to recover damages. Barker Martin will help your Association analyze its legal claims and deadlines and chose an appropriate strategy.
If your Association goes forward with a claim, it will be resolved in one of two ways: through pre-trial settlement or through trial. Often, settlement is the better alternative. However, it must be a good settlement for your Association. An early settlement that leaves the Association with insufficient money to pay for adequate repairs is not a good result, in our minds.
Initially, Barker Martin pursues cooperative methods to resolve each claim. It is our experience, however, that developers, contractors and their insurers are much more likely to cooperate in good faith and offer a reasonable settlement if they are convinced that the Association can, and will, go to trial to obtain the result the Association deserves. Barker Martin has the experience, resources and results to convince the developer that offering a reasonable settlement to your Association is the preferable alternative.
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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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