Construction Law: Eugene Construction Defect Litigation Attorneys - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Construction Law: Eugene Construction Defect Litigation Attorneys

The experienced Eugene Civil Litigation Team at Arnold Law Firm practices unique ways to bring out the desired results. For instance they utilize witnesses to assist in breach of contract claims andcomplex civil litigation to determine causation. We think beyond litigation and court and go to the extent of advising our clients to resolve their disputes through pre-litigation negotiations. We also have established contacts with structural and material engineers who assist in analyzing the benefits of your claims or defenses.

The main reasons for construction defect cases are:

  • A defective design of the property (i.e., improperly designed soundproofing of walls at a condominium).
  • Defective workmanship (i.e., improper installation of roofing that resulted in water damage).
  • Defective materials (i.e., water piping failing where it joins plumbing fixtures).

Solving the complicated interplay between the developers, architects/designers, general contractors, subcontractors, experts, insurance companies, and the law is required to solve these cases.

Preventing Construction Defect Litigation

For a smooth work functioning and easy follow up at a later stage, it is important for both Oregonproperty owners and Oregonbuilders alike to keep good records of scope of work and document conversations. For instance, after every conversation the builder should send an email saying, “This confirms our conversation today at your property in Eugene, Oregon, wherein I advised you to [spend the extra money on fill to prevent possible future problems with XYX].”

When to Hire an Attorney

Spending a little money upfront to hire an attorney BEFORE hiring an expert allows you to protect the expert’s opinion as confidential attorney work product in the event litigation occurs. Also, the analysis of insurance coverage issues is something that should be done at the outset.

Insurance Coverage Issues in Construction Cases

Out of all the issues, the one which holds highest importance is that whether or not there is insurance to cover the purported construction defect. This is equally important for the home owner, sub-contractor and the builder as well. A thorough look at the terms and conditions of construction defect insurance policies will bring to picture how cleverly the insurance companies will ensure only those people who will probably never use insurance are actually covered. They are replete with exclusions and exceptions to the exclusions. A more detailed discussion of insurance coverage issues can be found here.

Practical Experience

The goal of every attorney at Arnold Law Firm is to get deep into your case and acquire more information than the opposing party, their attorney, the judge and the opposing experts. They begin this investigation by visiting the property as much as required so that the unnecessary costs in the long run are cut down. We have seen first-hand what happens when opposing counsel visits the property for the first time as trial is looming: cases settle way later than they need to at much greater expense.

Mike Arnold, the managing partner at Arnold Law Firm, has travelled to various sites with experts to have a first-hand experience of the case, because he knows that every case rises and falls with facts. He has been with a forensic expert in the hay loft of a barn examining bullet hole trajectories, walked property lines with surveyors, and crawled around crawlspaces to view foundation cracks.

Mike has earned the practical knowledge on how any person can over-engineer a building project on his own family farm projects. He has had this experience countless times from designing and building a greenhouse (pictured below) to quail coop to wooden rock cairns (rock jacks if you are from Klamath County), all which should outlive his grandchildren. However, it takes a skilled engineer and builder to cost effectively design and build something to last the Oregon rainy seasons.

The Arnolds’ Self-Designed Greenhouse With Recycled Windows

That is the fine art of fine building and it is a tightrope walk that leads to many unanswered questions if construction design or defect issues arise later. Was it the property owner that cut corners disregarding advice of the designer or builder? Was it an error by the architect, engineer, builder, or a sub?

The litigation team at Arnold Law can assist you with these issues in a practical cost-effective manner

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  • Firm Philosophy

    A Team Approach to Litigation

    At Arnold Law we look at every case as a team effort. The team consists of your lawyers, Arnold Law support staff, experts, investigators, and YOU.

    Let’s break this down, starting with YOU: You as the client are a vital part of the legal team. You have been living the events that have led up to this litigation. You are often the best person to consult for historical information and background. Clients have also been known to come up with some very creative and strategic legal ideas. Because of this, we encourage clients to brainstorm ideas and we listen to them carefully. Of course, without legal training, many ideas of clients are legally impossible or invalid, but that’s okay. Because there is often a gem in there that even the lawyers didn’t think of.

    Next, are the lawyers. Picking a lawyer or team of lawyers is often the most important decision a person makes in their life if the stakes of the case are high enough. Let’s take a divorce for example. Many people say that picking a spouse is the most difficult/important choice. That’s true on many levels, but you can divorce them; the choice isn’t permanent. If you choose a divorce lawyer poorly, you might be saddled permanently with their financial errors (i.e., support, missing assets, improperly divided retirement accounts, etc.). If you pick a criminal defense lawyer poorly, you may face the permanent consequences from a prison cell or at the unemployment office.

    Our Size Allows Flexibility for Each Case

    Our firm’s structure allows us to give each case the appropriate resources that it deserves in line with the client’s goals. If a client has a cost saving goal, then they may elect to have an associate attorney handle their case, knowing that a partner oversees their work and gives guidance. This allows clients to have the best of both worlds: the oversight of an experienced partner with the cost-saving advantage of an associate attorney to do the day-to-day work.

    For the more complex cases in the firm, two attorneys may be assigned to the case, particularly in commercial litigation and complex criminal defense. Two attorneys on a case has several advantages. Primarily, it allows an experienced attorney on the case with an associate attorney to bill less money per hour on tasks not requiring the partner. This allows money to go much farther and also saves costs through efficiencies (lawyers are assigned tasks based on their strengths). This way we can avoid billing partner rates for research projects or discovery projects, for instance.

    The old adage that “two heads are better than one” also holds true. Part of becoming experienced is acquiring wisdom. And wisdom is often knowing what you don’t know. Oftentimes, it’s the young associate attorney (or even the client) who comes up with the fresh perspective in a case that proves to be the game winning idea.

    Another reason that two heads are better than one is because we are a trial firm. Clients hire us because we are trial lawyers. This means sometimes we are in trial and unavailable on other cases. Having another lawyer up-to-speed assists greatly in these instances.