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 Litigation representation may take two forms: routine collection of unpaid common expense assessments and commercial litigation. It has been our experience that with a properly designed collection policy and a system for the collection of past due assessments, common expense assessment arrearages are kept at a minimum. Our paralegals are primarily responsible for our assessment collection efforts and handle a significant number of cases each day. We are quite familiar with the processing of both routine assessment collection matters as well as the more sophisticated enforcement procedures.
MercerTrigiani has successfully litigated or settled large warranty claims against developers, breach of contract claims against vendors and common area tax issues and intra-association disputes. Mike Zupan takes the lead on complex litigation matters with guidance from David Mercer. Non-litigation attorneys remain involved in litigation matters for our clients, offering expertise on issues and maintaining contact with the client to report progress on the case.
This "team" approach has been very successful on larger litigation issues and has allowed the community association attorney primarily responsible to the association to continue to advise an association on day-to-day policy issues while enabling the litigating attorneys to focus on litigation. We also encourage dispute resolution through alternative means such as arbitration or mediation. | 
