OTLA Trial Lawyer Spring 2021

35 Trial Lawyer • Spring 2021 By Robert Wilkinson “There is nothing more important than a good, safe, secure home.” — Rosalynn Carter F or most of us, the home is our refuge and our springboard. It is a place of memories, family and inspiration. It is often the single biggest investment any of us will make in our lives. How devas- tating, then, when one discovers their home was not built right: windows leak- ing during a rainstorm, putting out buckets to catch the drips from the roof, or stepping out onto the deck, afraid it will collapse. All too often, this is the reality many homeowners live with. I started working in the field of con- struction defects almost 20 years ago. Since then, I have represented public agencies, retail and industrial owners, Robert Wilkinson hotel and apartment owners, condo- minium and townhome associations, and a great many single-family homeowners. Each case is unique, but my homeowner clients have all shared the same anxiety, the same deep-rooted disappointment their home is not what it should be and not what they paid for. My job for these clients starts with reassuring them there is a process and a legal path to follow. It may not be easy, and it is not quick, but most of the time there is some compen- sation at the end of the road. For an attorney, construction defect work is complex and challenging. It starts with a basic understanding of construc- tion. I am always thankful I spent a lot of time in my college years working for a small contractor. I learned the basics of framing and siding, and spent many hot Chicago afternoons with a nail gun in hand. That construction work has helped me understand the basic concepts behind most construction issues I see. Also, it has helped me understand that construc- tion, as they say, is more art than science, and mistakes can and do happen. Today, because the defects I deal with vary widely and involve the application of various materials, I rely on my experts (and the internet) to educate me. Win- dow installation, for example, may differ depending on the type of window, and the materials used to flash and incorpo- rate the window. Over time, the methods have changed. I rely on my experts to keep me up-to-date on the latest industry standards. The homeowner clients typically do not have that same construction knowl- edge. They have been teachers, govern- ment workers, doctors, tech workers, happily retired, you name it. All they usually know about construction is their windows are leaking when it rains, and they are having to put towels at the base of the windows to try and catch the water coming in. They wonder about the damage they cannot see, and what that water could be doing inside the walls. Many have real concerns about mold and the harm it can cause to their health and the health of their children. Most owners have real financial uncertainty about how they are going to fix their homes. There is a lot of anxiety and a lot of sleepless nights for clients in these situations. It is important for the attorney to recognize the anxiety and worry, and help the cli- ents through it. I will not forget the client I had recently who was taking hard- earned money early from her retirement account due to construction defect issues. Other clients have closed up portions of their homes and moved children to new rooms, to avoid the danger of mold in the walls. Luckily, homeowners in Oregon are blessed with a pretty good legal frame- work for the recovery of money for construction defects. It is not a quick process, though. For most homeowners, the process begins with a notice of defect. construction Defects See Construction Defects p 36