OTLA Trial Lawyer Spring 2021

38 Trial Lawyer • Spring 2021 mediators, well versed in the complexities of construction defect work. Often the mediator has to wade into the insurance issues, particularly if the actual defendant is out of business or absent. The media- tor also has to manage the competing interests of multiple defendants, all pointing fingers at each other. Trials in construction defect cases are fairly rare. With the experts involved, trials are expensive. When you add in multiple parties at the trial and the need for lengthy trial settings, it gets even more expensive. The risks of trial for all parties also weigh in favor of a mediated settle- ment. For the contractors and their insur- ance carriers, there is always the chance the plaintiff will win and will recover the prayer. Sometimes, there is a prevailing party attorney fee provision that would allow the homeowner to also seek attor- neys’ fees if victorious. For homeowners, trial is always a gamble, coupled with the added worry of appeals and of being paid from a judgment if the insurance is a problem. Helping the clients After this many years in the construc- tion defect field, I am happy to say I am still challenged. I learn from every single case. I am often surprised at what we find in the construction, and spend the time to try and understand it. It has been one long educational process. And in the end, it is about the clients, and being able to provide them with answers, hopefully money, and a path through the chal- lenges to a repaired home. Robert Wilkinson is a partner at Ball Janik LLP, with the construction litigation group. His practice focuses on construction disputes, including construction defect and property damage claims. Ball Janik LLP is located at 101 SW Main St., Ste. 1100, Portland, OR, 97204. Wilkinson can be reached at rwilkinson@balljanik.com or 503-944-6093. Construction Defects Continued from p 37