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Contact Gary

3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
T: 503.205.2435

D. Gary Christensen

Partner
Multimillion-dollar recovery in the largest private sector construction-defect case in the history of the state at that time. Case involved claims of negligence, breach of contract, and breach of warranty for multiple 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.
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.
Counsel for design and construction of Providence’s capital construction projects. Preparation and negotiation of master and individual contracts, and resolution of claims from projects.
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.
Obtained multimillion-dollar recovery during the course of litigation and mediation that involved claims for 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.
Successfully closed $215 million syndicated credit facility for tribe and tribal enterprise to expand tribal casino and build hotel and resort and handled ongoing issues between bank and tribe. Handled contracts with architects, contractors, and other construction-related vendors, addressed unique bonding and security issues related to tribe’s unique status as sovereign, and negotiated ongoing construction-related relationships through fast-track construction from design to occupancy. Handled negotiations with local government for utilities and other issues. Handled franchise and other agreements for businesses locating in resort, contracts with vendors, gaming and liquor-related licensing and regulatory issues, and other tribal casino resort-related matters.
Negotiation and modification of complex construction contract for large new hospital and related facilities.
Prosecution of multimillion-dollar construction-defect and lost-profits claims against contractors for defective electrical service to high-tech manufacturing facility. (2000-2001)
Negotiation of several design and construction contracts, including for The Captain Michael King Smith Educational Institute, Evergreen Aviation & Space Museums, large-format theater, and related facilities. Successful litigation and settlement of construction claims and audits relating to certain projects.
Litigation of major construction-defect claim against design/builder of large Oregon distribution center; negotiation of design/build contracts for new distribution centers in California and Idaho, and expansion projects.
Obtained multimillion-dollar recovery in a mediation in which excerpted video deposition admissions and electronic and PowerPoint visual aids were used to convince insurance adjusters of their exposure. Claims included 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.
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 over $1 million and successfully defended court challenge to award. 
Negotiation of design, construction management, and construction contracts for major capital expansion project and multiple structures. Continuing negotiation of design and construction contracts.
Negotiation of design and construction contracts for affordable housing projects over many years, resulting in dozens of successful housing construction projects and renovations across Oregon.
Prosecution of claims against contractors and insurers arising from casualty losses during construction projects at various school buildings; defending against contractor and subcontractor claims arising from capital improvement construction contracts.
Assisted owner with project contract closeout, payment disputes, and defective-work claims with respect to multimillion-dollar theater project.
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.
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, including complex mediations.
Represent leading national architecture firms in contract negotiations for major construction projects and claim disputes.
Represent several public entities on design and construction contracting for new facilities or expansion projects, including bond capital facilities expansion projects, and litigation for defects and claims.
Represent national/international Internet service provider to prepare and negotiate design/build and conventional construction contracts for data farms and facilities nationwide.
Design and construction counsel for Northwest United States facilities for the leading developer of computer processors and related technology. Assist with preparation of contracts for construction and expansion of large fabrication facilities under extreme design and construction conditions.
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.
Negotiated and prepared complex design-build contracts for major new casino complex, involving reconstruction of freeway interchange; construction on tribal, private, and public land; multiple public, ownership, and financing interests; and challenging timeline.
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.