All Representative Cases
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. 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.
Successfully closed $215 million syndicated credit facility for tribe and tribal enterprise to expand tribal casino and build hotel and resort (Northern Quest Resort & Hotel) and handled ongoing issues among bank, tribe, and contractor during project. Handled contracts with architects, contractors, and other construction-related vendors, addressed exceptional bonding and security issues related to tribe’s unique sovereign status, and negotiated ongoing construction-related relationships through fast-track construction from design to occupancy.
Negotiation of design, construction management, and construction contracts for Salem Hospital’s major capital expansion projects and multiple healthcare structures.
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)
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.
Portland Art Museum v. Ann Beha Architects, Inc. 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 avoidance of payment of any costs or attorney fees.