Barker Martin’s Approach to Construction Defect Claims
To successfully resolve a construction defect claim, we at Barker Martin believe that our clients must be able to answer each of the following questions.
- What defects exist at my building?
- How should the defects be repaired?
- What defects exist at my building?
- What defects exist at my building?
Because many common construction defects are hidden, a thorough investigation is the only way to ensure that all defects are included in your claim. Property owners typically have one opportunity to make a claim against the developer and contractor(s). If an owner finds other construction problems after the claim is resolved, it usually 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 owner, the team of experts will investigate the property, determine the nature and scope of any defects, and explain their findings to you.
2. How should the defects be repaired?
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 owner, 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 owner receive independent advice from its own experts. Ultimately, the owner must live with the repairs; therefore, it is important that the owner understands and approves the repair plan.
3. What will the repairs cost?
Using the repair plan, a reputable contractor will estimate the repair costs. Barker Martin uses the estimate to prepare the owner’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 owners what they are entitled to: a properly constructed building.
4. How strong are your legal claims and what is the best strategy to pursue them?
Understanding the construction defects and what it will cost to repair them is not enough: you must have an understanding of the strength of your legal claims and a strategy to pursue those claims. For Condominium Associations, the Washington Condominium Act (WCA) and Oregon Condominium Act (OCA) provide powerful protections to condominium owners, but these Acts are just one of many that may be available. Each legal claim, however, has strict time deadlines that can impact your right to recover damages. Barker Martin will help you analyze your legal claims and deadlines and choose an appropriate strategy.
If you go 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 you. In our minds, an early settlement that leaves you with insufficient money to pay for adequate repairs is not a good result.
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 owner can, and will, go to trial to obtain the result it deserves. Barker Martin has the experience, resources and results to convince the developer that offering a reasonable settlement to you is the preferable alternative.
Note: The above answers and excerpts are for informational purposes only and do not constitute legal advice. Any person or association facing construction defect or homeowners association issues should consult with qualified legal counsel.