Client Collaborations

Walsh Construction Co. v. Mutual of Enumclaw Insurance Co. Filed successful amicus curiae briefs for Associated General Contractors and others before Oregon Supreme Court to clarify important ruling on Oregon’s anti-indemnification statute governing construction contracts. (2005)

Litigation of major construction-defect claim against design/builder of large Oregon grocery distribution center when concrete floors lacked flatness and levelness needed to operate facility efficiently. Assisted a multinational engineering firm in resolving claims asserted by a municipal wastewater commission related to the design and construction of a biosolids irrigation facility.

Assisted owner with project contract closeout, payment disputes, and defective-work claims with respect to multimillion-dollar theater project.

Trendwest Resorts, Inc., et al v. Ramsay-Gerding Construction Company et al. Obtained multimillion-dollar recovery in mediation of negligence and breach-of-contract claims against architects, an owner’s representative, a general contractor, and subcontractors arising from the defective design and construction of the WorldMark at Gleneden Beach Resort.

Sherwood School District v. OC America Construction. Successful recovery for school district on extensive scheduling delay, cost, and defect claims against general contractor during and after construction of new elementary school. Obtained arbitration award of more than $1 million and successfully defended court challenge to award.

Wyndham Resort Development Corporation et al v. Swinerton Builders Northwest, Inc., et al. Multimillion-dollar recovery in the largest construction-defect case in the history of the state. Case involved claims of negligence, breach of contract, and breach of warranty. 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 and coverage issues.

Bruce Engelbrecht et ux v. Motorola, Inc., et al. Successful defense of wrongful death case arising in products liability case, including recovery of attorney fees. Client: Defendant URS Electronics, Inc. Claims: Wrongful death, loss of consortium, strict liability, and negligence claims arising from the distribution of two-way radio components containing phenolic resins which plaintiff claims caused him to contract mesothelioma. In this “new wave” asbestos case, we cross-claimed on behalf of the distributor against radio manufacturers GE, RCA, Motorola, and Raytheon based on indemnity in contribution . . . breaking the traditional practice among asbestos defendants to unite. We also filed a motion for summary judgment against plaintiffs, which was heard by the court on the eve of trial. The court granted summary judgment to URS alone and dismissed the multi-million dollar claims against URS. Claims against insurers resulted in reimbursement of defense costs.

Portland Art Museum v. Ann Beha Architects, Inc. Multimillion-dollar recovery arising from negligence/breach of warranty claims against an architectural firm. Obtained multimillion-dollar recovery during the course of a mediation that involved breach of contract, negligence, and breach of warranty against a Boston architectural firm arising from incomplete and uncoordinated drawings in connection with the renovation of the Masonic Temple and construction of the Mark Building, the new home of the Portland Art Museum. Representation of the museum additionally included resolution of multimillion-dollar contractor and subcontractor claims (which were resolved for less than 30 percent of the principal amount of the claims) and avoiding payment of any costs or attorney fees.

S3H, Inc. v. Hoffman Construction Company of Oregon and Intel Corporation. Federal lawsuit and three-week arbitration resulting in successful defense of Hoffman and Intel in the face of claims approaching $40 million by a subcontractor.