Comprehensive Client Approach

Dispute Resolution
Barker Martin understands the impact of litigation on its community association clients. That’s why, wherever possible, we aggressively pursue early negotiation, mediation, and other conflict resolution methods to assist our clients in successfully resolving their claims at the earliest possible date. Though our litigation attorneys are well experienced battling with the largest insurance companies and national contractors in court, we have found that many disputes can be resolved more efficiently and advantageously outside of the courtroom. In fact, Barker Martin’s partners have collected over $300 million in settlement funds on behalf of its construction defect clients.
Our attorneys were some of the first in the region to adopt contractual Dispute Resolution Agreements (“DRAs”) which became the framework for Washington legislation in 2005 that mandated investigation and reporting schedules in construction defect cases. But not all DRAs are alike. Successful agreements contain strict discovery and report deadlines, as well as tolling provisions that “freeze” the time periods during which a claim must be brought. DRAs benefit both developers and homeowners because they keep the dispute out of the public eye, out of the courts, and can often lower the costs of the entire action. Through carefully tailored drafting and strategic use of DRAs, Barker Martin has successfully settled numerous claims without ever having to file a lawsuit.
Mediation is also a key component to resolving cases, whether or not a lawsuit has been filed. Our litigation attorneys have successfully mediated the vast majority of our cases without the necessity for costly trial proceedings. However, if we do need to fully litigate a claim, our litigators are seasoned trial attorneys. When arbitration is mandated or is beneficial to the client, Barker Martin is well-versed in arbitration proceedings. Ultimately, the team at Barker Martin is creative, adaptive and resourceful in relying on multiple dispute resolution tools to obtain proven results for our clients.
Product Liability
Sometimes during the investigation of our client’s homes or projects, we discover that defective products have been used in the construction of their buildings. Defective products can cause problems throughout the lifespan of a building or development. Many products are designed to last for decades and their premature failure, even in older buildings, can form the basis of a legal claim.
Barker Martin’s attorneys are experienced in identifying and evaluating the complex issues involved with product liability claims. We maximize recovery for our clients by bringing direct claims against both developers and manufacturers responsible for damages as appropriate. In some instances, allegedly defective products become the subject of class action lawsuits.
As part of its efforts to protect and serve its clients, Barker Martin has prosecuted putative class actions in Washington and Oregon and is currently involved in ongoing negotiations in a national class action involving allegedly defective plumbing components. Thus, we are uniquely situated to advise our clients on both direct claims and on the effect of participating in class action claims or settlements.
Trial and Appellate Work
Alternative dispute resolution is always a component of claim resolution, but to get the best results through negotiation or mediation, the other side has to know that when push comes to shove, we will win at trial. In this respect, everything about a case is about preparing for trial, even if we never get there. The litigators at Barker Martin understand this reality. That’s why when trial is the best option, we have and will take a case to trial. Barker Martin’s partners have successfully tried cases to verdict in both Washington and Oregon.
In fact, our extensive trial experience (three of the five partners being former criminal prosecuting attorneys) applies to our general counsel work as well. Our extensive courtroom experience puts us in the unique position of projecting how a dispute may play out in front of a judge or jury. This knowledge allows us to advise our clients so that they can avoid getting pulled into court in the first place, and to make sure that they can present the most reasonable defense if they do get sued.
Bigger than a solo practitioner, but smaller and more focused than a mega-firm, Barker Martin has the focus, resources and resolve to properly prepare and present your case at trial.
General Litigation
Because the construction defect practice involves complex procedural litigation and substantial insurance issues, we also handle 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 as a natural extension of our core practice.
Barker Martin’s litigators 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. Our attorneys are qualified to handle all aspects of a legal claim, from evaluation and evaluation of alternative dispute resolution, 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 unfamiliar 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 you already know and the ones that know you 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 and have litigated in the Oregon and Florida Courts of Appeal. The resource and blog sections will be completely redone, so there’s no need to list them here.
Focus Areas
- Mediation
- Arbitration
- Dispute Resolution Agreements
- Litigation
- Appeals
- PEX system fittings
- CPVC pipes
- Hydronic heating systems
- Window products
- Decking products
- Vinyl siding
- High rise plumbing systems
Our approach
Frequently asked questions
- What types of disputes does Barker Martin handle?
We focus on community association and property-related disputes, including construction defects, product liability, insurance coverage issues, contract disputes, and other complex litigation matters.
- Can my HOA avoid going to trial?
Yes. We often resolve disputes through early negotiation, mediation, or arbitration. Our attorneys were among the first to use Dispute Resolution Agreements (DRAs), which streamline the process and keep disputes out of court when possible.
- What if the dispute can’t be resolved outside of court?
If litigation becomes necessary, our attorneys are seasoned trial advocates. With several former prosecutors on our team, we’re fully prepared to try cases in Washington and Oregon courts—and take them through appeal if needed.
- How does Barker Martin handle product liability claims?
When we discover defective products in a building—such as plumbing components, windows, or siding—we bring claims directly against developers and manufacturers. We also advise on class action participation when relevant.
- Do you only represent HOAs?
No. While we have deep experience with condominium and homeowner associations, we also represent individual and commercial property owners facing property damage claims, business interruption issues, liability disputes, and insurance coverage conflicts. Though, we do not represent developers or builders of condominium or owner’s associations
- What makes your approach to appeals different?
Unlike many firms, we don’t refer appeals to outside counsel. Our team has experience arguing before the Washington Supreme Court, Courts of Appeal, and appellate courts in Oregon and Florida, ensuring continuity from trial through appeal.
- How does your firm approach insurance coverage disputes?
We review policies, explain coverage, and advocate for policyholders against insurers who deny or limit valid claims. Our goal is to maximize recovery and protect clients from costly coverage gaps.
- How long does a typical construction defect or product liability case take?
It varies. Many cases are resolved through mediation or settlement within months, but others, especially those involving trials or appeals, can take longer. From the start, we set realistic expectations and keep clients informed at every stage.
- Why is having a trial-ready lawyer important if most cases settle?
Because insurers, contractors, and manufacturers negotiate differently when they know the other side is prepared for trial. Our readiness strengthens settlement leverage and ensures you’re protected if a case proceeds to court.
- How do I know if Barker Martin is the right firm for my case?
If your dispute involves construction, insurance, product defects, or complex property-related litigation, chances are we can help. Even if we’re not the right fit, we’ll connect you with trusted resources to ensure you get the support you need.
Meet our team

Dean Martin
WashingtonDean Martin is the founding partner of Barker Martin and has devoted…
Jim Guse
OregonJim Guse leads the firm’s Insurance Recovery practice and is a firm-wide…
Jeremy Stilwell
WashingtonJeremy Stilwell focuses on litigation for homeowner and condo associations, especially construction…
Dan Webert
OregonDan Webert leads the firm’s Portland office and represents property owners in…