Construction Defect Claims & Dispute Resolution

Construction defect cases can be overwhelming, with dozens of parties, witnesses, and experts involved. 907 Legal sorts through the complicated details & fights for your right in any construction-related claim. Resolve your construction defect claim or dispute with our team of proven litigators today.

 

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1.) Quantify My Damages

2.) Make My Case

3.) Get Results

907 Legal has decades of experience getting results for Alaskans, even in the most complicated construction defect cases. Here are a few claim types we can assist you with:

Mechanics Lients

A mechanics lien is a great way to hold your place in a growing line of creditors. Properly executing, recording and acting on the lien within the statutory time periods are all critical to staking your claim. Call us at 907 Legal to take your place and get what’s owed to you.

Property Damage (including adjacent property)

When your property is damaged by contractors, their subs, or other third-parties, you need to take action to preserve your rights and remedies. Contact us at 907Legal to see how we can help you recover for damages to your property.

Foreclosure Actions

Foreclosure actions require strict statutory compliance with the property code. A single misstep or oversight can seriously disadvantage creditors/owners and put them months behind while their property remains at risk. At 907Legal we’ve navigated these waters and can help guide you to a timely, successful, and stress free foreclosure.

Non-Payment (BoC)

Contractors, materialmen, architects, operators, engineers, equipment providers and other construction professionals have special statutory mechanisms for enforcing contracts and getting paid. Contact 907 Legal to find out how you can preserve your claim.

Delay and Acceleration (BoC)

Enforcing and defending the activation of an acceleration clause can be complicated and there is almost always a lot at stake. At 907 Legal we can walk you through the conditions precedent to your acceleration clause and help you prepare for the next step – default.

Unlicensed Contractor Claims

Using unlicensed contractors can be a simple way to save money up front, but with the potential for savings comes a large amount of risk and limited recourse when things go awry. If you have a claim against an unlicensed contractor, contact 907 Legal to see what your options are.

Changed Site Conditions/Location

Changes to the material terms of a construction contract and the underlying assumptions and circumstances – like the condition of the site, may require the reformation of the contract or more severe remedies. Don’t let changed site conditions wipe out the benefit of your bargain, contact 907 Legal to find out how we can help.

Architectural & Engineering Malpractice

Architects and engineers can dramatically reduce costs, overruns, and help to nail down timelines, but when your architect or engineer makes a mistake the reverberations can be devastating, dangerous, and expensive. If you’ve been the victim of architectural or engineering malpractice, contact 907 Legal to find out how we can help.

Construction Defect Claims

If your builder failed to design and/or construct your building in a workmanlike manner or up to your reasonable expectations, you have a construction defect claim. Special statutes, however, provide for pre-litigation procedures that must be followed before you can pursue a court action. Contact 907 Legal to find out how we can help you navigate these hurdles and preserve your claim.

Bond & Surety Actions

In order to enjoy the protection that dealing with a bonded contractor affords, it is essential that you maintain an action not only against that contractor, but against their surety. If you have a bond and surety action, contact 907 Legal to find out how we can help.

Scope of Work Disputes

God is in the details: the exuberance and excitement of beginning a build can overshadow the need to form detailed, exacting, and clear contracts that drive expectations on site. If you have a scope of work dispute, contact 907 Legal to see how we can set things straight.

Termination Disputes

The decision to terminate another party’s performance on a construction contract should not be taken lightly. Ensuing litigation may hinge on the nature of the breach for which the performance was terminated, whether it was substantial, material or otherwise. Consulting 907 Legal first can help shore up your termination claim before the damage is done.

Trusted Aviation Attorneys

 

Billions Won for Clients

 

Passionate Litigators

 

Relentless Investigators

I was wrongly accused by a state institution…When representatives of the state institution opted to play hardball, Josh knocked it out of the park.

Amazing service – best lawyers on the Peninsula!

Construction Defect FAQs

How do you calculate my damages for my complaint/dispute?

Damages come in many forms, both economic and non-economic. At 907 legal we use our experience and trusted experts to identify and pursue your damages and ensure we aren’t leaving anything on the table.

Will my business insurance cover my lawsuit?

It depends on your policy and the nature of your lawsuit. At 907 Legal we are happy to review your insurance policy to determine your coverage before you incur any attorney fees.

How much will this cost me?

It depends on the complexity of your claim, the strength of your case, the amount at issue, and several other variables. At 907 Legal we offer a free consultation so that we can give you an estimate of the potential costs involved, the variables at play, and how we limit your exposure and maximize your recovery.

How long do I have to file a mechanic's lien in Alaska?

It depends on whether a Notice of Completion has been recorded and what advance notices have been made. In many cases the timeframe can be as short as 15 days. Contact 907 Legal for help staking your claim.

How do I find out if the general contractor has been paid?

Requesting written assurances that payments to the general contractor are complete is an easy way to avoid unexpected liens and suits down the road. If your developer or general refuses to put it in writing, contact 907 Legal to see how we can help.

How do I prove a defect?

If your builder failed to design and/or construct your building in a workmanlike manner or up to your reasonable expectations, you have a construction defect claim. Proving that defect may be as simple as taking photographs and presenting them to a fact-finder or as complicated as hiring construction experts to present evidence of generally accepted industry standards. Contact 907 Legal to find out more about proving your construction defect claim.

Someone is making a claim against my construction work, what should I do?

Document, document, document and then come see us at 907 Legal. Construction cases can present a unique problem: alleged defects may be quickly “fixed,” built over, or painted. Preserving this evidence, and having it looked at by local experts for future litigation, is of the utmost importance and should be done in coordination with an attorney. To protect yourself from frivolous claims, contact 907 legal immediately for help preserving critical evidence.

My contractor damaged my property, can I sue them?

When your property is damaged by contractors, their subs, or other third-parties, you need to take action to preserve your rights and remedies. Contact us at 907Legal to see how we can help you recover for damages to your property.

The general contractor terminated my contract in the middle of the project, do I have recourse?

There are several actions that can be taken against contractors who breach construction contracts mid-project. Special statutes, however, provide for pre-litigation procedures that must be followed before you can pursue a court action. Contact 907 Legal to find out how we can help you navigate these hurdles and preserve your claim.

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Our attorneys have a broad range of skills and expertise. With a combined 50 years of legal experience, you can be sure you’re getting the best legal advice in Alaska.

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Peter R. Ehrhardt

Attorney at Law

Peter graduated from the University of Minnesota law school in 1980. He moved to Alaska the same year and began working for a small personal injury firm in Bethel. He founded 907 Legal to meet growing demand on the Kenai Peninsula.

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Katie A. Elsner

Attorney at Law

After graduating cum laude from Northwestern Law, Katie continued developing her practice at the Miami Dade Public Defender’s Office and then with Alaska Legal Services and as a contract attorney on the Peninsula.

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Josh B. Cooley

Attorney at Law

Josh shaped his practice in Miami, where in his first year he received the Statewide Public Defender College Best Advocate Award. In less than five years, he moved from the Juvenile and Misdemeanor Crimes Divisions to being an “A” Felony Attorney.


Phone: (907) 283-2876
Fax: (907) 283-2896
Email: peter@907legal.com

Peter R. Ehrhardt

Peter Ehrhardt, Attorney at Law, graduated from the University of Minnesota law school in 1980. He moved to Alaska that same year and began working for a small personal injury firm in Bethel, Alaska. In 1983, Mr. Ehrhardt moved to Sitka, Alaska, and worked for a small general practice firm there. In 1984, Mr. Ehrhardt moved to Kenai, Alaska, where he resides today.

In 2002, Peter started a Kenai law firm to meet growing demand on the Kenai Peninsula. Since then, the office has expanded to include three local attorneys committed to providing honest, accommodating, and timely service throughout the Kenai Peninsula. Peter continues to fight for his clients’ rights and support the staff to this day.


Phone: (907) 283-2876
Fax: (907) 283-2896
Email: katie@907legal.com

Katie A. Elsner

Katie completed her undergraduate education in 2004 at New York University where she graduated cum laude. Katie then went on to the prestigious Northwestern University School of Law. It was here that Katie learned, while working on death penalty cases, that the client is the most important focus in each and every case.

After graduating cum laude from Northwestern Law, she continued developing her practice at the Miami Dade Public Defender’s Office. During her five years in Miami, she represented thousands of adult and juvenile clients charged with misdemeanor offenses, like DUI and assault, to life felonies, including homicide and sexual assault. She was a founding member of the Task Force on Forensic Litigation and received national attention when she was featured on an episode of the A&E TV show ‘After the First 48’ where she successfully convinced a judge to dismiss her client’s murder case.

Having grown up in the mountains of Colorado, Katie ultimately decided to leave Miami for the scenery and seasons for which Alaska is so well known. Since arriving in the Kenai area, she has worked for Alaska Legal Services, where she expanded her practice to include civil litigation in areas such as divorce and custody, child in need of aid, probate, protective proceedings and estates and later provided the same services as a contract attorney at Walton, Theiler & Winegarden. From attacking eye-witness identifications and the forensic sciences to resolving a family dispute, Katie is adept at litigating the particular issues involved in your criminal or civil case. With experience trying dozens of jury and non-jury trials, negotiating hundreds of case resolutions, and taking thousands of depositions, Katie is a vigorous advocate who will fight for you.


Phone: (907) 283-2876
Fax: (907) 283-2896
Email: josh@907legal.com

Josh B. Cooley

Josh Cooley, Attorney at Law, graduated from the The George Washington University Law Center in Washington, D.C. While in Law School, Mr. Cooley fell in love with criminal defense and Alaska while interning at the Alaska Public Defender Office here in Kenai.

Immediately after graduating, however, Mr. Cooley set out to shape his criminal defense and litigation practice in one of the biggest and busiest markets in the country: Miami. In his first year, he received the Statewide Public Defender College Best Advocate Award. In less than five years, Mr. Cooley moved from the Juvenile and Misdemeanor Crimes Divisions to being an “A” Felony Attorney handling only murder, attempted murder, armed robbery with a firearm, and “capital” sexual battery cases. Those first four years of Mr. Cooley’s practice helped shape him into the seasoned, aggressive, and strategic litigator that he is today.

Mr. Cooley has conducted over 1,000 depositions and defended more than 50 cases at trial. Mr. Cooley has defended clients charged with crimes including: murder, attempted murder, DUI, armed robbery, theft, burglary, home invasion robbery, mortgage fraud, possessing a firearm as a convicted felon, fleeing and eluding, drug possession, distribution, and trafficking, assault, sexual assault, and all manner of domestic violence allegations. While in Miami, Mr. Cooley was a founding member of the “Task Force on Forensic Litigation,” and conducted presentations and training to attorneys on how to defend against weapons and drug charges.

Peter’s Cases of Note

EXXON VS. BAKER

Peter was a member of the plaintiffs’ trial team which obtained a $5 billion verdict in the Exxon Valdez litigation. For his work on that case, Mr. Ehrhardt, as a member of the trial team, received the 1995 Trial Lawyer of the Year Award from the Trial Lawyers for Public Justice, a national organization of trial lawyers.

GLACIER BAY

Peter was co-council in Re: Glacier Bay, a class action arising out of a 1987 oil spill in upper Cook Inlet which resulted in a $51 million settlement.

SITKA PULP MILL

Peter and a very small team of lawyers aggressively researched and challenged the odds to win the fight against the pollution causing factory in the early 90’s.

Katie’s Cases of Note

STATE V. SOSA-PALMA

Mr. Sosa-Palma was accused of murdering his brother. If convicted, he would have spent the rest of his life in prison. By challenging and attacking the forensic, medical, and crime scene evidence, Katie was able to successfully convince the judge that, despite the State’s theory of the case, Mr. Sosa-Palma was acting in self-defense. When the Judge granted Mr. Sosa-Palma’s request for immunity under Florida’s Stand Your Ground Law, Mr. Sosa-Palma’s murder charge was dismissed and he was released from jail.

STATE V. RANDALL

Successfully challenged a CSSD administrative child support order leading to the reversal of tens of thousands of accrued child support arrearages, invalidating an administrative driver’s license suspension for non-payment of support and securing a dismissal of criminal charges for driving while his license was suspended.

MERRILL V. MERRILL

Prevailed on a theory of equitable rescission at trial resulting in the client keeping sole possession of all of the property acquired during the marriage without having to divide anything with his former spouse.

STATE V. WASHINGTON, ET AL

Challenged the constitutionality of Florida’s controlled substance laws and obtained a court order on behalf of over 30 defendants finding the statutory scheme unconstitutional and dismissing their cases. Although a stay was entered and the trial court reversed on appeal, the cases were able to resolve with negotiated resolutions that avoided felony convictions and lengthy prisons sentences for the defendants.

Josh’s Cases of Note

STATE V. T.D.

T.D., a juvenile, was charged with multiple sexual assault charges carrying mandatory minimum penalties upwards of 20 years per charge. Mr. Cooley was able, through the use of an expert and pretrial management, to provide substantial mitigating evidence to the District Attorney. In the end, T.D.’s case was handled in juvenile court and he was placed on probation, avoiding a lengthy adult prison sentence and a lifetime of sex offender registration.

STATE V. HYATT

Hyatt was charged with assaulting his wife with a kitchen knife. Mr. Cooley vigorously prepared the case for trial and presented his defense through cross examination of the State witnesses. At the conclusion of the State’s evidence Mr. Cooley was able to convince the Judge that no reasonable juror could find Mr. Hyatt guilty and the Judge dismissed the case.

The State, upset at having the assault thrown out, then sought to charge Mr. Hyatt with a DUI from an accident nearly a year prior. Mr. Cooley prepared legal briefing and filed it with the Court, arguing that too much time had passed to pursue the DUI. The State was eventually forced to dismiss the DUI as well.

STATE V. HENSEL

Hensel was charged with Felony Driving Under the Influence after being contacted in the driver seat of a truck stuck in the snow near Kasilof: he faced a minimum sentence of 3 years. At a pretrial hearing, Mr. Cooley was able to elicit testimony from the officer that conflicted with his prior reports and helped to show that Mr. Hensel had not in fact been driving or in physical control of the truck. Mr. Cooley was able to use these newly uncovered facts to convince the District Attorney to drop the charges.

STATE V. WHITAKER

Whitaker was charged with two counts of Murder in the shooting death of two individuals outside of a Chili’s restaurant in Miami. Through the use of expert witnesses and tireless preparation, Mr. Cooley was able to present evidence at a pretrial hearing that Whitaker had acted in self-defense. The Trial Court refused to grant Whitaker immunity from prosecution, but the Court of Appeals was persuaded by the evidence Cooley put forth in the hearing and granted Whitaker immunity from prosecution.