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Industries

Contact John

3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
T: 503.205.2454

John F. Purcell

Partner
Represented the claimant in an arbitration proceeding involving claims arising out of a contract to build and supply large cranes for Coast Guard vessels. The case was arbitrated in Wisconsin and resulted in an award exceeding $1.4 million for the client, which was the bulk of its claims.
Represented a national bakery owner in claims against the project architect and other parties for defective design of a bakery addition. Total claims exceeded $1.3 million. The case was tried to a jury, which awarded a verdict in favor of the client together with recovery of attorney fees.
Represented the parent corporation of a window manufacturer that supplied curtain walls and window systems to a large condominium project. The general contractor and a subcontractor sued for over $4 million, alleging repair costs and extra-work claims arising out of the window systems. The case also involved insurance coverage disputes for construction-defect claims. This case was successfully settled for the client.
Represented the bankruptcy trustee of a general contractor that had a large claim against the California Department of Transportation for delays, disruption, and extra costs on a bridge project in southern California. The claim was arbitrated in California and resulted in a large award for the client.
Represented the main contractor in a major munitions cleanup project at a closed military training facility. The quantity of buried munitions on site greatly exceeded the projections provided by the government, leading to extra work and claims. The matter was successfully settled following a multiple mediation process.
Represented the owner/developer of a large multiuse project in defending multiple construction lien claims filed by the general contractor as well as many subcontractors. At one time, there were over 20 liens filed against the project exceeding $8 million. At the same time, we prosecuted a breach-of-contract claim against the general contractor for over $3 million. The entire case was successfully settled using a mediation process.
Represented a hospital owner in a dispute over construction defects involving metal panels installed in a hospital building. Claims exceeded $1.7 million and involved the general contractor, subcontractor, designer, and panel manufacturer. Using a mediation process with follow-on direct negotiations, the matter was successfully settled without litigation and with all business relationships preserved.
Represented a hospital owner in design-defect litigation against the structural engineer and other designers of a large parking garage structure. The garage had experienced deflection of concrete slabs, cracking of concrete, and settlement of footings. Total claims were about $1.2 million, and were successfully settled following a mediation process.
Represented the general contractor in claims against multiple insurance companies. The claimant owner received an arbitration award against the general contractor for about $8 million in a construction defect dispute defended by insurance defense counsel. After the award, we were activated to obtain recovery of such sums from various insurance companies of the general contractor and subcontractors, all within 60 days before the arbitration award became an enforceable judgment. The insurance companies all denied coverage. Using a mediation process followed by intense direct negotiations, we obtained the $8 million from approximately ten different parties within the 60 days available.
Represented the general contractor in defense of a claim filed by the mechanical contractor concerning a boiler and underground piping project at a college. The claim was for approximately $1.5 million for extra work, delay, and disruption, and was successfully settled.
Represented a general contractor bidding a large environmental remediation project for the State of Oregon. The contractor's bid was declared nonresponsive and rejected for technical errors. A protest was filed, and the State reversed its decision and awarded the contract to the client.