OUR PRACTICE AREAS

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Real Estate Law

  

At Eike Law, we help clients develop solutions to real estate law concerns.  From ensuring smooth purchase transactions, to working through disclosures and inspections, to supporting your interests during disputes, our team can provide the professional and personal guidance you need.

  

Real estate law issues can be complex and costly. Our boutique firm is specifically experienced in this area, allowing us to help you pursue an outcome that benefits your immediate needs and your long-term interests. 


Whether you are trying to close a real estate transaction or are faced with a real estate dispute, our legal team can serve as your trusted ally.


We can help you avoid unnecessary complications with thorough legal counsel throughout standard transactions or complex litigation. We carefully evaluate all contracts and identify potential areas of concern to ensure that your best interests are met.


We regularly assist clients with the following real estate matters:


  • HOA governing documents (declarations, CC&Rs, bylaws, rules and policies)
  • Portland Metro Association of Realtors (PMAR)
  • Oregon Association of  Realtors (OAR)
  • National Association of Realtors (NAR)
  • Addenda and disclosures
  • Homeowner disputes and easements
  • Commercial property leases
  • Purchase and sale agreements
  • Residential Leases
  • Oregon Real Estate Commission matters
  • Real estate financing

We also help commercial tenants, property owners and residential property owners with problems related to defective construction and other real estate matters. 

Home Owner Association Law (HOA)

Our firm provides comprehensive general counsel for homeowners' associations. We understand that HOAs face a variety of legal matters.  Whether those you face are big or small, we are here to advise you.


At Eike Law, HOAs find qualified and experienced representation against legal claims made by homeowners. These disputes can be costly and complicated. Our experienced team of lawyers is committed to helping you reach a beneficial conclusion in a timely manner. 


Our general counsel services include:


  • General advice and consultation
  • Contract review and analysis
  • Real estate disclosures
  • Collections
  • Drafting, amending, interpreting and enforcement of declarations, CC&Rs, bylaws, rules and policies
  • Developer turnover
  • Drafting resolutions, special assessments, and opinion letters
  • Enforcing covenants
  • Construction defects
  • Litigation

Our attorneys strive to develop personal relationships with HOA board members. This client-first attitude allows our attorneys to help develop and implement legal strategies based on our client’s individual needs.


Disputes between HOAs and homeowners typically involve a disagreement over each party's rights and responsibilities. Whether it is a disagreement over a homeowner's paint colors or how the HOA has allocated funds, it is important to confront a lawsuit or the threat of a lawsuit decisively and efficiently.


Our experience in HOA law, contract law and legal issues related to real estate allows us to provide effective defense counsel in these matters. We will carefully evaluate your HOA governing documents and all contracts and agreements between homeowners and the HOA, searching for a solution that will address your immediate concerns, and reduce the chance for future complications. We can also proactively evaluate your existing or proposed governing documents and/or contracts to identify and revise areas of legal vulnerability. We aim to help you avoid protracted legal disputes if possible.


Our attorneys are accomplished litigators, but we can also help you resolve your disputes through arbitration and medication if preferred. 

Construction Law and Construction Defects

Construction Law is Complicated and takes on many different forms, all of which Eike Law has specilaized expertise and experience in including:


  • Defects in construction projects
  • Construction project  management
  • Contract drafting and negotiation
  • Construction Liens
  • Payment Claims, Delay Claims, Liquidated Damages
  • Commercial development  legal needs
  • Insurance coverage
  • Negotiations for construction contracts
  • Construction payment and performance claims
  • Construction Contractors Board (CCB) matters
  • Oregon State Board of  Examiners for Engineering and Land Surveying (OSBEELS)
  • Bureau of Labor and Industries matters

Defective construction has become an epidemic in the Pacific Northwest over the past two decades.  The legal professionals at Eike Law have been on the forefront of the construction defect litigation practice in Oregon and southwest Washington for nearly 20 years.  Very few attorneys who specialize in construction defect litigation have actually taken construction defect cases to trial, but Kevin Eike has.  He was one of the first attorneys in Oregon to try a large multimillion dollar construction defect case to a jury, Springville Townhomes against one of America's largest builders, DR Horton.  After more than 4 weeks of trial and nearly 50 witnesses, the case settled in a multi million dollar settlement which provided sufficient funds to the HOA to repair the 71 townhomes properly.


Kevin Eike has litigated, arbitrated and mediated hundreds of construction defect cases over the past two decades all over Oregon, from the coast to eastern Oregon, to southern Oregon.  These cases have involved thousands of depositions, millions of documents, and even more grey hairs for Mr. Eike.  These cases have involved a wide variety of different buildings including hotels, apartment complexes, single family homes, condos, townhomes, mixed use projects, high schools, municipal buildings, YMCA, and commercial buildings.  Each case presents unique legal and factual issues and are delicately intertwined with the ever changing world of insurance.  Eike Law is on the forefront of leading the charge in construction defect litigation. 


Eike Law is more than a one man shop. We have the necessary resources and network to handle your case, whether big or small, and employ a full time qualified support staff to make sure your matter is handled, quickly, efficiently, and with the necessary horsepower it needs. No legal problem is too big or too small, or too “out of the ballpark” for the Eike Law team to handle.


Eike Law’s Principal Partner, Kevin A. Eike’s reputation speaks for itself.  He has a long standing history with insurance companies who know Mr. Eike from  years they hired him to represent their insured parties. Over time and hundreds of millions of dollars of claims,   they have come to recognize and respect him as an advocate for home owners, HOAs and commercial property owners.


Most developers, architects, engineers, builders, contractors, subcontractors, and insurance companies do behave in a professional manner and do care about their clients’ best interests.  However, there are always exceptions to the rule, whereby some professionals will focus more on mitigating risk and optimizing profits.  These professionals will focus on “fixing” your claim as expediently as possible with minimum investigation into the root cause of the issue.  Their solutions are often sub optimal.


If you feel that you have a legitimate claim, do not let anyone tell you that claim is “not covered” under their policy, or that it “needs to be depreciated based on the useful life of  your building,” or that it is “outside the builder’s one year warranty.”  Insurance companies are in the “premium collecting” business, and developers and builders are in the business to build, sell, and collect profits.


Eike Law is dedicated to providing high quality professional representation at a fair price. If cases can be resolved short of intense litigation, Eike Law will ensure this result. However, not every case is susceptible to resolution in such an amicable fashion, and Kevin A. Eike is one of the few civil litigation, real estate and/or construction attorneys who will to take a case to trial when it is necessary to obtain a fair result for the firm’s clients. He has personally tried dozens of cases to verdict, and believes that it is through trial, that attorneys gain the experience and wisdom to evaluate cases to their fullest potential. That experience is invaluable at Eike Law.  


Mediation and Arbitration

Kevin A. Eike has represented hundreds of clients, ranging from large sophisticated real estate investment consortiums, to Home Owners Associations HOAs, to single family home owners, to lawyers in Mediations and Arbitrations throughout Oregon over the past 18 years.


In recent years, Mr. Eike has developed his own Arbitration and Mediation practice as an Arbitrator and Mediator hearing disputes, resolving cases, and rendering arbitration awards.  More can be found at his website www.kevineike.com.  He is a court appointed Arbitrator in Multnomah and Washington Counties, serves as a panel Arbitrator for Arbitration Service of Portland.  He is passionate about all aspects of alternative dispute resolution.


 Whether serving as a neutral third party in these proceedings or advocating for your interests during this process and any negotiations, our goal is to help you reach a solution that effectively protects your immediate and future needs.


It may be possible to achieve your legal goals through an alternative dispute resolution for various types of legal disputes, including faulty construction cases, real estate contract disputes, employment disputes and product liability matters. Through mediation or arbitration, our attorneys can help you develop intelligent, workable solutions. Using these strategies, both parties work together to develop a lasting solution that everyone can agree to. This can be especially valuable in circumstances where parties want to avoid the cost and uncertainty of trial.  In many cases, these options can save you money on attorney fees, time and a significant amount of stress. In mediation, there is no testimony and no witness stand. Mediation is more like a negotiation, which may be less stressful than litigation.


It is always beneficial to fully understand your options before you make important decisions on how to address your legal dispute. Our experienced attorneys will thoroughly analyze your case and explain the benefits of mediation or arbitration, as well as what you can expect from the process. Alternative dispute resolutions might not be the right solution for every legal matter, but we strive to provide you with all viable options.

Business Law

Here at Eike Law, we specialized in representing businesses large and small.  We are are your trusted legal ally and can help your business in organization, licensing, contracts, employee issues, and litigation if the need arises.  We are regularly called upon to provide legal services for businesses including:

  

  • Employment agreements and contracts
  • Non-disclosure forms
  • Business litigation
  • Various types of business and contract disputes
  • Operating agreements
  • Drafting company bylaws
  • Business formation (S Corp, C Corp, LLC, LLP, PC)
  • Shareholder agreements
  • Legal concerns unique to start-ups
  • Closely held business disputes and litigation
  • Partner/shareholder buyouts
  • Dissolution/winding up

FAQs

Do you have flexible fee agreements?

Yes our firm takes cases on hourly, fixed fee, and contingency fee arrangements.


What do I need to do to get started?

First, call us and discuss your legal needs to determine whether we are a good fit and we will take you step by step from there.  The first step will be for you to collect pertinent documents and photos so dont delay on collecting such materials.


Am I alone?

Absolutely not.  Most people find the need to retain a lawyer to help them solve a problem they can not solve themselves.  We strive to make this process (manytimes foreign to most people) as painless as possible by focusing on our core values of integrity, communication, transparance, diligence, and zealous advocacy.

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