Levy | von Beck | Comstock | P.S.

Yes, we may be able to assist you. Please contact attorney Dave von Beck at 206.960.4603. Thank you.

We represent many homeowners and commercial building owners who have suffered property damage that results in an insurance claim being filed. It might be a dishwasher leak that damaged a hardwood floor, or a house fire, or water damage from a variety of sources. We are able to resolve most of these claims for our clients without ever filing a lawsuit. But remember that your property insurance adjuster is not paid to ensure that every aspect of your loss is fully investigated, or to ensure that you get the absolute best repairs allowed under your policy. Adjusters are paid to resolve claims as quickly and cheaply as possible. For this reason, you may benefit from retaining legal counsel early on to help you recover all of the remedies available – and for which you’ve been paying those insurance premiums.

This is perhaps the most frequently asked of all questions. But the answer is always a prediction that depends on the facts of your particular case, and “winning” means different things to different people. Some of our clients want a quick remedy to put a matter behind them, and those folks are often willing to take a significant discount off their damages in order to resolve the matter fast. But others are ready, willing, and able to fight it out over the long haul. Our goal is to ensure that our representation is as effective and efficient as possible, and that we understand your risk tolerance, motivations, and ultimate goals throughout our representation of you.

Depending on the nature of your case, you may have a right to recover your attorney fees if you prevail at trial or arbitration. For example, if your contract with your builder has an attorney fees provision in it, or if you bring a claim under the Consumer Protection Act, then you may be entitled to recover some or all of your attorney fees and costs if you prevail. However, most cases settle prior to arbitration or trial, and to reach a settlement parties will often compromise some portion of their attorney fees or other damages in order to reach that settlement.

In King County, less than 1% of civil cases such as the type we handle – construction defects, failure to disclose, and property insurance claims – go to trial. That is because the parties to a lawsuit can usually resolve the dispute by negotiation including, if necessary, through mediation. However, sometimes a case simply cannot be settled without trial or arbitration, and we have handled both trials and arbitrations of numerous matters over the years.

We often represent homebuyers who, shortly after moving into their home, discover a defect or damage in the home that was not apparent to them or their home inspector. When someone sells a home, they have a duty to disclose known defects as well as certain prior defects such as settling, flooding, or recent roof leaks. If the seller failed to disclose defects then you may very well have valid claims against that seller.

A construction defect, or defective construction, typically occurs when a builder, contractor, or subcontractor fails to follow the permitted plans, specifications, or applicable building code or regulations, resulting in a condition that reduces the value of a home and may lead to additional property damage – such as when a poorly built roof, deck, or other exterior component allows rainwater into the building where it causes rot, mold, and other damage. Some construction defects involve defective products themselves.