Over the years, Barker Martin has represented many community associations in claims for construction defects and insurance claims. We're proud of our track record in representing homeowners, condo and homeowner associations. The financial impact and hardship that results when a community association faces repairs due to construction defects or significant damage and deterioration is a serious problem for both new and older communities. Repairs are expensive, in some cases expensive enough to result in unpaid assessments and foreclosure. For some owners, the outcome of a construction defect or insurance claims dictates whether or not they can stay in their home. We take that seriously. read more

Most of us can be quick to point fingers. It might be a fender-bender, an overcooked hamburger, or losing the Superbowl on the last play of the game - I know my first instinct is to figure out who is to blame for my suffering. In life, this instinct may be correct most of the time. If someone hits your car, you call the cops then expect the other driver's insurance to pay to fix it. If your hamburger is burned, you send it back and blame the chef. read more

Following the real estate collapse in 2008 and subsequent recession, the United States Department of Housing and Urban Development ("HUD") and the Federal Housing Authority ("FHA") imposed detailed and restrictive requirements in order for the FHA to provide mortgage insurance on condominium loans. As a result, many condominiums were no longer in compliance with FHA regulations, and potential buyers could not qualify for the much more attractive FHA and other governmentally backed financing. The downturn in the real estate market and buyers' increased difficulty in obtaining condominium financing contributed to large financial institutions shifting their focus from financing development of condominiums to financing apartment projects. read more

Last month the Oregon Supreme Court recognized and seemingly affirmed a strategy to reduce taxable property value due to the existence of construction defects. In Oakmont, LLC v. Oregon Dept. of Revenue (2016), the owner of an apartment complex valued at approximately $21million negotiated with the county assessor to reduce the taxable value by sixty and seventy percent respectively for two years. The owner sought a similar reduction for an earlier tax year based on the presence of a "likely error" in the assessor's valuation then, but was denied. read more

I was flipping through the channels this weekend and stumbled on the Clint Eastwood classic spaghetti western, The Good, the Bad, and the Ugly. Life imitates art and it occurred to me that most situations feature an element of good, bad, and downright ugly. I have a number of "First Party Insurance" claims sitting on my desk (e.g. an Association pursuing its own carrier for discovered property damage). Many of these involve the "discovery rule." Having dealt with this rule on a number of occasions, I've discovered the good, the bad, and the ugly of this rule. read more