At Vial Fotheringham, our attorneys have extensive experience handling construction defect claims (on behalf of our associations) relating to such matters as water intrusion, dry rot, mold, negligent construction, and insurance claims that cause harm and devaluation of your HOA. We've successfully negotiated numerous construction defect claims out of court, but, when all else fails, our attorneys have an unprecedented record in protecting the legal rights of homeowner and condominium associations; we use this experience to make your community's issue as easy and smooth as possible, to help recover the costs your community needs to fix the problem. Also, our firm is the ONLY in Oregon with two reported construction defect cases from the Oregon Court of Appeals to its credit.
Here is some helpful information about dealing with Construction Defects:
There are very specific warranty periods covered by state law and purchase agreements. NO TWO WARRANTIES ARE THE SAME. The sooner the homeowners association knows if it is protected by contractual warranty or state law, the better able the association is to decide how to proceed. Do not take the contractors' or developers' word for what is or is not covered under the warranty.
Water intrusion, and the mold that results, is one of the fastest growing problems in the construction industry today. Do not assume that—simply because your HOA can't see them—that there aren't water intrusion or mold problems in your planned community.
What should you do if you suspect your association building has construction flaws?
- Get sound legal advice BEFORE beginning an investigation to ensure you are approaching the solution properly
- Act quickly! Warranty limits can affect your homeowners association's ability to recover costs
- Hire experts and consultants with the help of your HOA attorney to ensure protection of confidentiality
- If your association is not self-managed, keep your property management company involved
- DO NOT sign agreements that release contractors or sub-contractors from future liability without consulting with an HOA-experienced attorney
Our HOA attorneys have extensive experience in litigating and settling construction defect matters and hourly or contingent fee representation can be arranged.