Client Collaborations

Client, an independent purchaser of custom products used on public projects, avoided liability when it discovered that the product had not been manufactured as advertised and specified. Client successfully avoided liability using safe harbor provisions of the state’s False Claims Act in a delicate strategy involving the state and several other interested parties.

Successfully extracted supplier of large hydroelectric turbines from complex federal delay and defect litigation arising from the retrofitting of an existing dam for electrical generation. Guided strategic motion practice and judicial settlement conference to release supplier from virtually all claims, including obtaining payment of supplier's outstanding invoices.

Established strategy and agreements to remove and replace general contractor during a significant casino expansion project, including claims management, assignment of subcontract rights, and resolution of delay and payment claims, all without formal dispute resolution proceedings.

Wyndham Resort Development Corporation et al v. Swinerton Builders Northwest, Inc., et al. Multimillion-dollar recovery in the largest private sector construction-defect case in the history of the state at that time. The case involved claims of negligence, breach of contract, and breach of warranty for multiple types of defects. Representation of The Resort at Seaside against a general contractor and some 28 additional subcontractors, architects, designers, vendors, and material suppliers. Case complexities included dealing with condominium association rights and complex insurance coverage issues.

Full recovery of all damages and almost all costs and attorney fees from shopping mall landlord for project between its tenant and client contractor, involving multiple potential defenses, construction liens, and significant claim amounts.

Resolved without litigation public owner’s claims against contractor for construction of an addition to a public building that left obvious aesthetic damage. Focused expert evaluations of exterior envelope of building and challenging valuation issues.

Negotiated walk-away agreement among MEP subcontractor, general contractor, and owner of hospital after subcontractor on expansion project improperly used equipment, sending construction debris into operating hospital. Avoided litigation and project delay by finding and negotiating options to full termination of contractor or subcontractor.

MultiCare Health System v. Skanska USA Building Inc. et al. Successful recovery of $3 million water damage and delay claims arising during construction of new wing of hospital. Claims resolved under property and liability policies and with both subcontractors and insurers directly, following complex mediations.

Portland School District v. Great American Insurance Company. Complete recovery of more than $2 million building damage claim caused by roofing fire at middle school, plus fees. Trial and appellate claims against roofing contractor’s excess insurance carrier, including successful assignment of the contractor's claims against its excess liability insurer.