Construction Defect & Warranty Claims
How We Help You Win Construction Defect & Warranty Claims
We assist clients in addressing a wide range of construction issues—starting with early defect investigation and insurance strategy, and extending through dispute resolution, trial, and appeals. Our goal is to resolve claims early whenever possible, and we work closely with clients to explore all avenues for resolution before litigation becomes necessary. This includes engaging proven experts on the front end and leveraging pre-litigation investigations and notice requirements to get responsible parties to the negotiation table.
When litigation is unavoidable, we bring deep experience and a focused, disciplined approach to every stage of the claims process. We hold responsible parties accountable and pursue the funding needed to make lasting repairs, always with an eye toward protecting the long-term interests of the communities and clients we serve.
Our team routinely handles complex problems involving key building systems and components such as framing, building envelopes (e.g., windows, doors and siding), roofing, drywall, plumbing, mechanical systems, and piping. These issues often arise from a combination of design flaws, substandard workmanship, and failures to follow approved plans or manufacturer installation instructions.
Focus Areas
Design Defects
Including architectural and engineering errors that contribute to water intrusion, structural deficiencies, and system incompatibilities.
Workmanship Defects
Such as improper installation of windows, flashing, roofing, cladding, or finishes that fall short of industry standards or code requirements.
Deviation from Plans and Specifications
Where contractors fail to build in accordance with the approved design or substitute unapproved materials.
Product Liability Claims
Arising from defective or prematurely failing building components, such as piping systems, fire suppression equipment, siding, or roofing materials, where manufacturers or distributors may bear responsibility.
Course-of-Construction Issues
Including construction damage caused during the build process, inadequate site protection, and project delays that result in compounded failures.
Our approach
- Step 1Engage ExpertsWe bring trusted specialists into your caseWe strategically engage proven experts—including architects, engineers, building envelope consultants, and materials specialists—whose deep technical knowledge and clear communication strengthen both settlement negotiations and trial outcomes.
- Step 2Build the CaseWe uncover causes and develop strong claimsOur team works with these professionals to uncover the root causes of construction failures and support evidence-based claims for recovery. Every step is designed to achieve efficient and practical resolutions.
- Step 3See it ThroughWe remain committed until final resolutionWhen necessary, we are fully prepared to take cases to trial or through appeal. Our long-standing commitment ensures each matter is handled with skill, persistence, and resolve—providing trusted guidance every step of the way.
Frequently asked questions
- What is a construction defect?
A construction defect is a flaw in design, workmanship, or materials that reduces a building’s value or causes damage, such as water intrusion, structural issues, or safety concerns.
- What are common construction defects in Oregon?
Common defects in Oregon include water intrusion from heavy rainfall, window and door failures, roof leaks, siding installation issues, and drainage problems due to the climate.
- What are common construction defects in Washington?
In Washington, associations often face issues such as improper flashing, water leaks, plumbing and piping failures, structural cracks, and ventilation or mold concerns due to the wet climate.
- What are common construction defects in Florida?
Florida associations commonly encounter roof failures, water intrusion from hurricanes or storms, stucco cracks, window and door failures, and issues with HVAC and plumbing systems in the humid climate.
- How does the construction defect claim process work?
We help boards investigate and document defects, notify responsible parties, and pursue claims through negotiation, mediation, or litigation if needed. Our goal is to secure funding for repairs while guiding boards confidently through each step.
- What role does Barker Martin play in construction defect claims?
We partner with associations to identify defects, develop legal strategies, and pursue recovery from contractors, developers, or manufacturers, while coordinating with experts to support your claim.
- Will we need to go to court to resolve our construction defect claim?
Many claims are resolved through negotiation or mediation, but we are prepared to take cases to trial and handle appeals if needed to protect your association’s interests.
- How long does it take to resolve a construction defect claim?
Timelines vary depending on the complexity of the case and the parties involved, but we work efficiently to move your claim forward while keeping you informed throughout the process.
- Can we recover costs for repairs through a construction defect claim?
Yes, successful claims can help associations recover the funds necessary to complete repairs without placing the entire financial burden on homeowners.
- What are clients saying about working with Barker Martin?
Our clients value our clear communication, strategic approach, and commitment to achieving meaningful results while supporting boards through every step of the process.
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…