Client Collaborations

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.

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.

Arbitrator of significant differing site conditions and defect claims on public improvement project as panel chair, which involved a bifurcated hearing with preliminary findings and final award.

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.

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.