construction defect litigation
As plaintiff’s counsel, our Construction Defect litigators have secured hundreds of millions of dollars in judgments and settlements for clients. Our success is attracting clients from the West and around the country.
- Community Associations General Counsel
Ball Janik LLP provides comprehensive general counsel services to community associations in Oregon and Southwest Washington.
- Condominium HOA Prevails in Three–Week Jury Trial for Condo Defects
Ball Janik LLP represented a 62–unit condominium association located in Hillsboro, Oregon in prosecuting construction defect claims against the condominium’s original developer, general contractor, and subcontractors for damages arising out of defects in the condominium’s exterior building envelope.
- Construction Defect Case: Statute of Limitations and Ultimate Repose (Sunset Presbyterian Church)
Ball Janik LLP represented Sunset Presbyterian Church, a local Oregon church, that was suffering from water leaks which lead to the discovery of defective construction. The church did not discover these defects until approximately nine years after construction, and filed suit against the general contractor thereafter. On motion by the general contractor, the trial court dismissed the case based upon a very narrow contractual timing clause. Our attorneys took the case to the Oregon Court of Appeals, which reversed the decision of the trial court, holding that the general contractor could not rely upon the contractual timing clause when it had not fulfilled all necessary underlying obligations.
On April 24, 2014, the Oregon Supreme Court ruled in favor of our client, holding that without the necessary certificate, the claims in the Sunset case would be governed by all applicable Oregon statutes of limitation and ultimate repose, but would not be altered by the accrual clause.
- Hotel Chain Construction Defect Matters
We represent a chain of various hotels in Oregon, prosecuting complex construction defect and insurance coverage claims, seeking an aggregate of over $10 million in damages.
- Westlake Gresham Station Defect Litigation
We represented Westlake Gresham Station, LLC, the owner of the Gresham Shopping Center, in prosecuting construction defect, negligent development, and design claims, involving more than 40 parties, and recovered approximately $14 million in damages for the owner.