Client Collaborations

Defective construction of new, large in-patient behavioral health hospital. Guided healthcare system through forensic research, repair contracting, preservation of evidence, forensic expert reports, negotiations, and arbitration proceedings for damage claims against the general contractor and subcontractors that improperly performed exterior envelope, plumbing, electrical, and roof work to construct a new hospital for behavioral health patients and required specialty facilities. The entire exterior envelope had to be removed and replaced, together with removal and re-installation of all windows, while the hospital was occupied. After repairs were complete, we prepared, documented, and asserted claims to recover the owner’s damages. Following extensive discovery, depositions, arbitration proceedings, and mediation, we achieved a successful, multimillion dollar recovery of a substantial majority of the owner’s losses.

Delay and defective construction litigation for new mid-rise residential building in Portland. Successfully litigated with lead counsel complex, multiparty delay, payment, contract value, and defective construction claims for developer of a new, mid-rise luxury residential building in downtown Portland. Four years of litigation involved five separate actions; multiple liens and foreclosures by subcontractors; significant delay, cost, and GMP claims between the developer and general contractor; and several separate defect claims involving insurance coverage. Different claims and actions were mediated, arbitrated, negotiated, and litigated with uniformly successful results.

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

Defective construction of new, large in-patient behavioral health hospital. Guided healthcare system through forensic research, repair contracting, preservation of evidence, forensic expert reports, negotiations, and arbitration proceedings for damage claims against the general contractor and subcontractors that improperly performed exterior envelope, plumbing, electrical, and roof work to construct a new hospital for behavioral health patients and required specialty facilities. The entire exterior envelope had to be removed and replaced, together with removal and re-installation of all windows, while the hospital was occupied. After repairs were complete, we prepared, documented, and asserted claims to recover the owner’s damages. Following extensive discovery, depositions, arbitration proceedings, and mediation, we achieved a successful, multimillion dollar recovery of a substantial majority of the owner’s losses.

Lead attorney representing subcontractor in a dispute with an out-of-state material supplier on a public project. Material supplier declared bankruptcy in its home state and claim resolved out of bankruptcy.

Represented general contractor in close-out dispute with subcontractor over warranty terms in light of known design errors. Negotiated a settlement involving use of subcontractor’s retention over life of warranty period.

Represented general contractor involving subcontractor’s violation of Davis-Bacon Act. Counseled client through Department of Labor process and had the subcontractor’s lien for retention dismissed after administrative law judge found subcontractor violated Davis-Bacon Act.

Successful resolution of multimillion-dollar claims and numerous opposing and pass-through claims for CM/GC in a complex, multiparty litigation arising from the reconstruction of the new Sellwood Bridge in Portland. The case was settled through a complex mediation proceeding, with full case presentation, following significant discovery of electronically stored information.

Arbitrated and mediated resolution of defective roof structure on new education facility, recovering almost 90 percent of district’s damages, costs, and attorney fees in a challenging political environment. Collection and analysis of significant physical evidence, electronically stored information, expert investigations, and reports.