Practice Areas
CONSTRUCTION DEFECTS
Vulin Wilkinson is the leading construction defect firm in Oregon and SW Washington. With over 30 years of combined experience in litigating construction defect cases, our attorneys are uniquely qualified to represent owners of properties plagued with construction defects. We have prosecuted cases revolving around apartments, commercial buildings, condominiums and townhomes, hotels and motels, and single-family homes seeking redress for construction defects and property damage. In the pursuit of this construction defect and property damage work, we have represented ownership companies, partnerships, individuals, and governmental bodies.
Our Approach
We have taken cases to trial and arbitration throughout the region and achieved success for our clients. We have been on the ground floor in establishing the process and methodology of resolving construction defect cases for over two decades. We know and work with all the construction defect mediators and the attorneys hired by insurance companies. Construction defect cases require qualified experts. If it’s a case about bad windows, decks, roofing, or siding installation, we know the right experts for the job. If it’s a case about soils, subsidence and earth movement, we know the right geotechnical experts. If a case requires the work of a good structural or mechanical engineer, we know the right people. If a case needs an architect as an expert witness, we’ve got that covered. In short, we have important and long-standing relationships with all the right experts and consultants to see a case through to the end.
Construction defect cases are funded and resolved with money from insurance companies. We understand insurance. We have been on the ground floor of insurance coverage work for many years, and know the insurance law related to construction defects.
Together, we have collectively negotiated settlements totaling many millions of dollars for our clients. In short, we understand the construction defect process and the work that goes into making a construction defect case a success for our clients.
How We Bill
We often work for clients on a typical “hourly” basis which means we bill for our time spent on the case. But we also work for many clients on a “contingency” basis, meaning there is no monthly bill for time spent on the case. We are only paid when the case is resolved, and our payment is a percentage of what the client actually recovers. This is a great resource for clients who may not have the thousands of dollars required to hire an attorney on a typical “hourly” basis. Overall, our terms are flexible, and we work with clients to establish the right type of engagement that fits the client, and the case.
Discover how we helped an apartment owner secure a $1,000,000+ settlement for construction defects
Insurance Recovery
First Party Insurance Claims
For many owners who discover construction defects and damage but are not able to sustain a construction defect case due to the statute of limitations, there is hope. Washington law, in particular, is favorable to property owners who have paid for property insurance for years. When water damage is discovered in an “older” project, that may provide an avenue for a “first party claim.” A claim like this is a claim for hidden property damage against the property insurers, sometimes including historical policies that may have covered a building or buildings years ago.
How We Bill
Some insurance policies may provide coverage for damage to a building that occurs due to rain and water penetration, and it takes experienced attorneys to prosecute those claims with insurance companies. We are often able to provide clients with these types of claims an opportunity to process their claims on a contingency basis. This means that we do not get paid unless the client recovers money, and our payment is a percentage of that recovery.
Contractor and Developer Representation
With our unique broad background in construction law, Vulin Wilkinson represents a number of general contractors in their day-to-day needs, and assists with contracting negotiations with owners and subcontractors. At times, our contractor clients have claims they need to prosecute, or need a defense from claims, and we are there to provide that service for them.
We also represent a number of housing developers as they seek to develop new housing in Oregon and Washington. This work often involves the negotiation of construction and development contracts with general contractors and design professionals. Of course, no project ever completes without a hitch, and for our developer clients, we are there to support them throughout their construction project.
Over the past four years, Rob has worked on a number of construction dispute and defect work for me. Each time he demonstrated his expertise in construction defect law. While construction defects and disputes can be very stressful to a property owner, Rob did an excellent job of maintaining open and honest communication. He exceeded any expectations my team had and I would highly recommend Rob for any construction defect issue.
~ Oregon hotel owner
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