Recently an "ad hoc" committee of homeowners came to our firm with a familiar problem. Their association board had authorized settlement of a construction defect suit against their developer, only to learn a few months later that a serious land subsidence problem was overlooked. Unfortunately, there was little we could do - the association had signed away the right to sue for land subsidence claims in its settlement. Had the association's attorneys done a more thorough investigation, they would have discovered the subsidence problem and sought compensation for it in the settlement. Had the homeowner's association board of directors done a proper evaluation of the law firm it retained, the association's members would not have come to us to discuss suing the law firm for overlooking the subsidence problem as well as suing its own board of directors for picking an inexperienced firm to handle the case.

Because of the explosive growth in construction defect litigation during the past decade, the need to select a good trial attorney is critical. Our analysis of the cases brought to us by unhappy associations show that the following areas should be investigated before retaining any law firm to handle construction defect or related cases:

Form a research committee to recommend the best firms for consideration. Talk to other homeowner associations and property management companies seeking names of law firms that specialize in trying lawsuits for homeowner associations. Another excellent source is your corporate or personal attorney - he or she can refer you to several construction defect specialists. Architects and engineers are also good sources.

Insist on a personal meeting. Invite the top names on your list to a brief "get acquainted" meeting in a home that represents your problem. Attorneys or firms that are too busy to attend such a meeting don't have the time to handle your case properly. Narrow your list to two or three firms and follow up with a committee meeting in the office of the finalist firms.

Experience. This is the most important area when evaluating a law firm. Look beyond the number of suits a firm may have handled in the past. Volume does not always reflect competence in the practice of law. You want to be sure that the law firm you pick can find and pursue all viable theories of recovery; our firm added $15 million in damages to a verdict because we found and proved fraudulent conduct (the developer did not disclose a known defect). When evaluating a firm's experience, consider its track record in this specialized area. Get a list of successful cases. Find out which were settlements and which went to trial. Ask for a list of references for each case.

The structure of the firm. Evaluate your potential law firm as a total team. Construction defect cases are very complex, usually involving roofs, drainage, corrosive or improperly pre- pared soil, structural defects, engineer- ing and other architectural issues, as well as many defendants and cross- defendants. Make sure the firm has the staff and internal systems to pursue your case. Don't overlook the firm's financial resources. Discovery is time consuming- be certain that the firm can match the developer's and insurance company's resources, and has the staying power to fight your case through the appeals process. Determine if the firm will handle your case on a contingency basis to free association funds for expert investigation. Find out how many experienced attorneys are available to work on your case, and the size of the firm's support staff (paralegals, associates, investigators, etc.).

Evaluate the experts. Because of the complex physical nature of these lawsuits, the experts and consultants the law firm uses are an important part of your litigation team. Insist on knowing who firms use, and find out how experienced they are in legal investigations. In one recent case, our experts were working on an unrelated matter when they discovered a structural defect issue involving the same contractor that eventually contributed several million dollars to a $22.4 million verdict. Good experts help make sure that all defects get discovered before the trial or settlement.

Selecting the right attorney may be the most important step you take in resolving your construction defect problem. Finding the best firm will not only produce a better settlement, it may avoid lawsuits in the future.