Community Association Law Litigation - Construction Real Estate Law
Phillip E. Joseph
Recognized in Best Lawyers since 2017 Awarded Practice Areas
Biography
Phillip Joseph co-chairs Ball Janik LLP’s construction litigation practice, which is growing in national reach and prominence. He is a commercial litigator whose primary focus is construction and real estate litigation, including design and construction disputes, construction defect, general counsel for community associations, purchase/sale disputes, real estate disputes, commercial landlord/tenant, and collections. Mr. Joseph has received the AV® Preeminent™ Rating from Martindale–Hubbell®. He was recognized in The Best Lawyers in America in Community Association Law in 2017.
Mr. Joseph has extensive experience litigating multi-million dollar construction disputes representing predominantly owners. These construction disputes include construction lien litigation, defective design and construction, late delivery, extra/changed work and impact claims, Little Miller Act claims, and insurance coverage for construction disputes. With respect to design/build construction projects, Mr. Joseph has defended multi-million dollar claims for additional compensation. For example, he represented, tried, and obtained a verdict in favor of an international wafer chip fabrication facility against $20+million claims by a design/build contractor of a clean-room facility; represented and settled claims against the owner of two large apartment projects against million dollar claims by a design/build subcontractor; and defended and settled claims against the developer of a large-scale apartment and condo project in Tacoma, Washington from multi-million dollar claims of a design/build contractor; and represented and settled claims against the owner of a paper-making plant by the design/build contractor responsible for re-piping and overhauling a paper manufacturing machine.
Mr. Joseph has also successfully prosecuted and defended a wide range of construction defect cases on behalf of owners, ranging from large residences to condominiums/townhomes, subdivisions, apartments, hotels, offices, retail stores, schools, retirement facilities and shopping centers.
Mr. Joseph has lectured widely and authored articles on construction defect and real estate litigation issues. He is also the editor of the Real Estate Disputes CLE for the Oregon State Bar.
Overview
- University of Washington, J.D., graduated 1988
- District of Columbia, District of Columbia Bar
- Florida, The Florida Bar
- Idaho, Idaho State Bar
- Oregon, Oregon State Bar
- Utah, Utah State Bar
- Washington, Washington State Bar Association
- Multnomah Bar Association - Member
- District of Columbia
- Florida
- Oregon
- Utah
- Washington
- District of Columbia, District of Columbia Bar
- Florida, The Florida Bar
- Idaho, Idaho State Bar
- Oregon, Oregon State Bar
- Utah, Utah State Bar
- Washington, Washington State Bar Association
- Multnomah Bar Association - Member
- University of Washington, J.D., graduated 1988
- District of Columbia
- Florida
- Oregon
- Utah
- Washington
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Community Association Law
- Litigation - Construction
- Real Estate Law
Additional Areas of Practice:
- Commercial Litigation
- Construction Law
Awards:
- AV® Preeminent™ Rating, Martindale–Hubbell®, American Registry
- Oregon Super Lawyers list, 2009-2010
News & Media
Case History
Cases
- Construction Defect Case: Statute of Limitations and Ultimate Repose (Sunset Presbyterian Church)
Ball Janik LLP represented Sunset Presbyterian Church, a local Oregon church, that was suffering from water leaks which lead to the discovery of defective construction. The church did not discover these defects until approximately nine years after construction, and filed suit against the general contractor thereafter. On motion by the general contractor, the trial court dismissed the case based upon a very narrow contractual timing clause. Our attorneys took the case to the Oregon Court of Appeals, which reversed the decision of the trial court, holding that the general contractor could not rely upon the contractual timing clause when it had not fulfilled all necessary underlying obligations.
On April 24, 2014, the Oregon Supreme Court ruled in favor of our client, holding that without the necessary certificate, the claims in the Sunset case would be governed by all applicable Oregon statutes of limitation and ultimate repose, but would not be altered by the accrual clause.
On April 24, 2014, the Oregon Supreme Court ruled in favor of our client, holding that without the necessary certificate, the claims in the Sunset case would be governed by all applicable Oregon statutes of limitation and ultimate repose, but would not be altered by the accrual clause.
- Ball Janik Secures Insurance Coverage for Association’s Earth Movement Claim
Ball Janik LLP has been pursuing insurance coverage for a community association in Utah with multi-building townhomes experiencing ongoing earth settlement as a result of improper soil compaction. This improper soil compaction occurred many years prior to the subsequent settling of the building. Over time, a building in the community settled by almost twelve inches. Damages to the building were severe, with reported damage to the walls, floors, roofs, and interior finishes. Repairs to the building would require setting piers to resist ongoing settlement and to lift the building back to its correct orientation, which would cost hundreds of thousands of dollars to repair. As a result of the settlement, the townhome association presented claims to its insurance carrier. The insurer denied coverage for “earth movement” and refused to provide any coverage for damages resulting from the settlement of the building
The townhome association retained Ball Janik to assist. Ball Janik reviewed the association’s voluminous insurance policies, one of which included an “earthquake endorsement.” The insurer denying coverage claimed that the “earthquake endorsement” provided coverage only for losses resulting from “earthquakes.” Ball Janik did not agree. Based upon our review of that endorsement and insurance experience, we believed there was coverage for loss or damage caused by “earth movement,” regardless of whether any “earthquake” contributed to the “earth movement.” Ball Janik sent a detailed demand letter to the townhome association’s insurer advising that the association’s claims had been improperly denied, and threatening litigation if the insurer did not accept the association’s claims. In response to the demand letter, the insurer reversed its decision and agreed to provide complete coverage for our client’s damages.
The insurer is now working with the association to pay for all damages necessary to stop ongoing settlement, to lift the building back to its proper elevation, and to fix all resulting damages to the structural elements of the building.
The townhome association retained Ball Janik to assist. Ball Janik reviewed the association’s voluminous insurance policies, one of which included an “earthquake endorsement.” The insurer denying coverage claimed that the “earthquake endorsement” provided coverage only for losses resulting from “earthquakes.” Ball Janik did not agree. Based upon our review of that endorsement and insurance experience, we believed there was coverage for loss or damage caused by “earth movement,” regardless of whether any “earthquake” contributed to the “earth movement.” Ball Janik sent a detailed demand letter to the townhome association’s insurer advising that the association’s claims had been improperly denied, and threatening litigation if the insurer did not accept the association’s claims. In response to the demand letter, the insurer reversed its decision and agreed to provide complete coverage for our client’s damages.
The insurer is now working with the association to pay for all damages necessary to stop ongoing settlement, to lift the building back to its proper elevation, and to fix all resulting damages to the structural elements of the building.
- Westlake Gresham Station Defect Litigation
We represented Westlake Gresham Station, LLC, the owner of the Gresham Shopping Center, in prosecuting construction defect, negligent development, and design claims arising from the development, design, and construction of the Shopping Center. The lawsuit was highly complex, involving over 40 parties (including the developer, general contractors, design professionals, and multiple subcontractors), intricate factual and legal issues, and divergent expert opinion by the numerous experts involved in the litigation. We recovered approximately $14 million in damages for our client.
- Community Associations General Counsel
Ball Janik LLP provides comprehensive general counsel services to community associations in Oregon and Southwest Washington. The firm regularly works with community association clients on all aspects of governance and compliance, including interpretation of rights and obligations under governing documents, amendments to governing documents, development and enforcement of rules and regulations, assessments and collections, risk management and insurance, operating budgets and reserves, vendor contracts, and resolution of disputes with third parties.
Drawing on its experience in real estate, land use, construction law, insurance coverage, and environmental law, the firm is also well known for assisting community associations in litigation matters. For example, Ball Janik has successfully represented community associations in eminent domain (“takings”) proceedings against local governments, in shareholder derivative actions against developers, in easement and boundary disputes, and in claims against property and casualty insurers.
Drawing on its experience in real estate, land use, construction law, insurance coverage, and environmental law, the firm is also well known for assisting community associations in litigation matters. For example, Ball Janik has successfully represented community associations in eminent domain (“takings”) proceedings against local governments, in shareholder derivative actions against developers, in easement and boundary disputes, and in claims against property and casualty insurers.
- Hotel Chain Construction Defect Matters
We represented a chain of various hotels in Oregon, prosecuting complex construction defect and insurance coverage claims. The hotels had an aggregate of over $10 million in damages. Ball Janik filed multiple, separate suits in state court in Oregon, seeking recovery from the primarily responsible parties and their insurers. We ultimately recovered millions of dollars for our clients through separately negotiated settlements.
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