Our Services
Our Association General Counsel practice focuses on condominium and homeowner association representation.
Our Litigation practice includes Construction Defect & Warranty Claims, and General Litigation.
Our attorneys are happy to meet with potential clients to conduct a preliminary evaluation of claims or issues and to answer questions about our general counsel representation. Please contact our Office Manager, to arrange for a no-cost, no-obligation consultation.
A condominium or homeowner association is, in many ways, like any other small or mid-sized corporation. And like most corporations, associations contract with vendors, prepare budgets, set reserves, manage revenue, and elect officers and directors to run the corporation. In addition, associations deal with everyday issues such as parking disputes, building maintenance and enforcement of various covenants and rules.
Every time an association makes a decision, it is interpreting and applying various statutes and the association’s own governing documents—the declaration of CC&Rs, bylaws and house rules. These documents can be inconsistent or vague, and often fail to address the specific questions or needs of the association or homeowners.
As general counsel for associations, Barker Martin helps the association’s board of directors navigate the wide range of unique issues and challenges faced by associations. Our general counsel attorneys are well versed in the intricacies of association law of Washington and Oregon because that is what they do, day-to-day. While all of our attorneys provide associations with advice on a regular basis, we have two attorneys dedicated solely to providing general counsel services. Our attorneys are at the forefront of the industry, regularly speaking at association industry seminars, legal seminars and committee meetings. We are often asked to give input to the legislature to improve the laws that affect associations.
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Our Litigation Philosophy
Throughout our representation, Barker Martin aggressively pursues early negotiation, mediation, and other conflict resolution methods to assist clients in achieving successful resolution at the earliest possible date – sometimes even prior to filing a lawsuit. Our trial attorneys not only have extensive trial experience (three of them being former criminal prosecuting attorneys), but have even more experience resolving claims through alternative dispute resolution methods. The attorneys at Barker Martin understand this reality and if cooperative resolution is not practical or successful, Barker Martin has the experience, resources and resolve to properly prepare and present your case at trial.
Construction Defect & Warranty Claims
Barker Martin’s attorneys understand that resolving a claim against a developer, design professional, contractor or subcontractor can be a daunting process. Volunteer homeowner association boards are faced with having to learn complex construction principles as well as legal situations and strategies. Barker Martin’s attorneys are uniquely knowledgeable about both the legal and construction aspects of our cases. In our experience, knowing more about the actual defects than our opponents often gives us a significant advantage in negotiations. Moreover, it helps us reach our goal of ensuring that the client has sufficient information about both the legal aspects of their claim and the construction aspects of their claim so that they can make informed decisions. For these reasons, Barker Martin’s commitment to our clients does not end with a successful resolution of the legal claims. We assist clients with the complex issues they will face when implementing the repairs and guide them through the repair process.
To learn more about Barker Martin’s unique approach to prosecuting Construction Defect claims, click here.
In addition to warranty claims for construction defects, Barker Martin also litigates complex litigation matters such as insurance coverage declaratory judgment actions, insurance bad faith claims, multi-party breach of contract cases, commercial lease disputes, real estate litigation, indemnity and various other commercial litigation matters.
Barker Martin attorneys are well qualified to handle complex civil disputes. Because of our depth of experience, we are also able to continue to provide excellent client service if a seemingly straightforward case splinters into an insurance coverage matter, multi-party claim or appeal. Barker Martin’s attorneys are qualified to handle all aspects of a legal claim, from evaluation and filing, to litigation and trial, through post-judgment supplemental proceedings and execution on a judgment.
Appeals
Many firms offer trial services, but when an appellate issue arises, they refer a client to another practice group or even another law firm. At Barker Martin, we have the experience and qualifications to pursue the case all the way through the appellate process, which means that the attorneys that know your case best are the ones prosecuting the appeal; you won’t have to shop for separate appellate attorneys. Several of our attorneys have argued before the Washington Courts of Appeals and Washington Supreme Court.