What to Expect Following a Construction Defect Case: The Road to Repairs2020-04-23T00:25:22+00:00
What to Expect Following a Construction Defect Case: The Road to Repairs

The conclusion of a construction defect case generally marks the beginning of the repair process for community associations.  Although each association’s situation will be different, the repair process can generally be described in three steps.

Image courtesy of Flickr by Jo@net

1.  Build the Team

The first step the association needs to undertake is to build a team of professionals that will assist the association through the repair process. Although it varies by association, that team of professionals could include the following: general contractor, construction manager, attorney, community manager, insurance broker, certified public accountant, and lender. The development of the necessary team members will depend on the circumstances of each individual association. For example, if the association does not need a loan to complete repairs, a lender will not be necessary.

2.  Review the Bids

Second, the association will probably have to obtain and analyze various contracts and bids. Community managers can often assist associations with the coordination and acquisition of contracts and bids and determine what repairs it can or should perform. Attorneys can assist with the review of the proposed contract with the association’s selected general contractor and/or construction manager. Attorneys can also assist in reviewing the requirements of the governing documents and to work with a community manager or the homeowners if issues or concerns arise during the repair process. Although project requirements can vary, it may be generally advisable to hire a construction manager.

3.  Select a General Contractor

Third, once an association has determined the needed scope of repairs, the association will have to select a general contractor. The selection process for a general contractor will vary by association. Before beginning the process, associations should review their governing documents to determine whether the governing documents dictate the process an association must follow to select a contractor. If the process is not dictated, which is often the case, there are generally two types of contractor selection processes that are available to associations: a competitive bid process or a negotiated bid process. A competitive bid process occurs when an association requests qualified general contractors to submit bids. A negotiated bid process occurs when an association selects a general contractor and then negotiates a contract. If an association has hired an expert to help, the association should work closely with its expert to determine the best bid process to follow when selecting a general contractor. Once a general contractor has been selected and the association has finished building its team, repairs can begin and homeowners will be on the road to recovery.


Ball Janik LLP was founded in 1982 with six lawyers and a four-person support staff in Portland, Oregon. Since our firm’s inception, we have expanded our capabilities, our professionals, and geographic footprint. What started as a firm focused in real property and land use (known then as Ball Janik & Novack), has grown to include the insights of a team of 30-plus attorneys, with a combined six centuries of experience, and capabilities including Real Estate and Land Use, Construction Defect, Commercial Litigation, Insurance Recovery, Construction and Design, Employment, Finance and Corporate, Public Agencies and Schools, and Community Associations. With offices in Florida and Oregon, our regional growth has earned us a national reputation for upholding the rights of our clients.

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