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A home is the largest asset and greatest investment many people have in their lives. After searching for many months and enduring the arduous process of purchasing a home, the last thing a buyer wants to hear is that there is a problem with their home, especially when it is new construction. It is imperative for an experienced attorney to guide a homeowner client through the investigation, legal pursuit and reconstruction phases of claim resolution.
Single family residential litigation can include a wide range of disputes, including construction defects, failure to disclose or basic breach of contract claims. In Washington, unlike Oregon, negligent construction is not an allowable claim, which can make pursuit of construction defect claims against a builder challenging. In some instances, misrepresentation, fraud, breach of warranty or other bases for claims exist. Unfortunately, attorneys’ fees provisions are not always available for single family residential claims, as they are in condominium litigation. It is imperative for a case to be handled aggressively, yet highly efficient, especially with respect to use of forensic expert consultants.
As with any type of construction defect claim, single family residential litigation may involve insurance issues. Counsel should be well qualified to analyze homeowner insurance policies in order to counsel their clients on possible tender of first party insurance claims.
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