Overview

Sean Gay is a former construction professional who applies his extensive industry experience to help clients achieve their goals. Before joining Stoel Rives, Sean managed construction projects in Washington and Hawaii. As a construction project manager, Sean was intimately involved in the technical and financial aspects of his projects.

Clients rely on Sean’s ability to leverage his real-world experience to their legal issues. He advises clients on a broad range of matters, including project management issues, contract negotiations, public contracting issues, bid protests, and disputes. Sean has extensive experience litigating and arbitrating a wide variety of complex construction matters. His knowledge about how construction projects get managed and built—and occasionally result in disputes—has proved an invaluable resource in his legal career.

Sean is a partner in Stoel Rives’ Construction & Design group.

Education

Willamette University College of Law, J.D., 2004; Executive Editor, Willamette Law Review

Oregon State University, B.S., Civil Engineering, 1992

Admissions

Oregon

Washington

United States District Court for the District of Oregon

United States Court of Federal Claims

Experience

Construction Claims Litigation

  • Representation of subcontractor in large litigation matter involving delay and defective work claims (Washington)
  • Representation of developers/owners in multiple contracts and litigation matters (multistate)
  • Representation of local developer in large dispute involving delay and defective work claims asserted by national homebuilder (Oregon)
  • Representation of major technology company defending and pursuing claims related to manufacturing facility construction and design (Oregon)

Construction Defects Litigation

  • Representation of large school district owner in multimillion-dollar litigation matter involving construction defects in a recently constructed school building (Oregon)
  • Representation of owner in multimillion-dollar litigation matter involving defects in a mixed-use condominium project (Oregon)
  • Representation of developer/owner in multiple defect litigation matters for western states hospitality developer (California, Oregon and Washington)

Construction Lien Disputes and Litigation

  • Representation of large national lender in lien foreclosure litigation matter (Oregon)
  • Representation of design-build subcontractor in lien foreclosure matter (Oregon)
  • Representation of contractors in multiple construction lien matters (Oregon and Washington)

Public Contracting

  • Representation of public owner on construction and design procurement and CMGC contracting issues related to large bridge project in Portland (Oregon)
  • Representation of public owner on construction of large middle school (Oregon)
  • Representation of water district in emergency procurements (Oregon)

Public Contracting Disputes and Litigation

  • Representation of school district in dispute involving performance issues related to a recently constructed high-performance school building (Oregon)
  • Representation of large public utility in litigation regarding a contractor’s bid protest (Oregon)

Insights

Insights & Presentations

  • Presenter, “Understanding How Contracts Can Shift, Reduce (or Increase) Risk,” Managing Engineering Liability and Risk in Oregon, HalfMoon Education webinar, February 25, 2022
  • “Construction Project Scheduling & Delay Claims,” Program Co-Chair, The Seminar Group, June 2, 2021
  • Program Chair & presenter, “Introduction and Overview—the Coming Tsunami of Defect Litigation,” Construction Defect Litigation, The Seminar Group, May 16, 2019
  • Presenter, “Issue Spotting for Higher Ed Institutions: Campus Planning & Development,” Stoel Rives seminar, April 4, 2019
  • “Maximizing Negotiating Leverage in Today’s Market,” The New Normal: Preparing for Portland’s New Development Trends, Stoel Rives LLP, October 24, 2018
  • “Alternative Project Delivery Methods,” 23rd Annual Oregon Construction Law Conference, The Seminar Group, September 27, 2018
  • “Construction Claims on Private Projects—the Fine Art of Mechanic’s Liens and Issues to Consider,” Two States of Construction Law: Working in Both Washington and Oregon, Construction Law Sections of the Oregon State Bar and Washington State Bar, November 4, 2016
  • “Subcontractors are from Pluto—the Most Common Errors in Form Subcontracts,” Building Opportunity Conference, Moss-Adams LLP, November 3, 2016
  • “Is Progressive Design-Build the Next Step?” 21st Annual Oregon Construction Law Conference, The Seminar Group, September 22, 2016
  • “Does Your Construction Contract Protect You?” 2015 NAIHC Legal Symposium, Las Vegas, NV, December 9, 2015
  • “Construction Default Rights and Remedies,” Program Chair, The Seminar Group, June 3, 2015
  • “Structural Forensic Engineering,” HalfMoon Education Inc., February 27, 2015
  • “Launching Into the Future with Design-Build and Integrated Project Delivery,” AGC Summer Convention, August 9, 2014
  • “Construction Defects: Legal Strategies, Tactics and Practical Concerns,” Program Chair, The Seminar Group, May 16, 2014
  • “Construction Financing, Contracts and Risk Management,” Northwest Bank, May 7, 2014
  • “Tricks, Traps and Ploys Used in Construction Scheduling in Oregon,” Lorman Education Services, April 30, 2014

Publications

Treatises

  • State-by-State Guide to Construction Contracts and Claims (co-author), 2005, Supp. 2006–2016
  • Fifty State Construction Lien and Bond Law (co-author), Supp. 2006–2016

Continuing Legal Education Materials

  • “Federal Procurements” (co-author), Oregon Construction Law, 2011
  • “Doing Business with the Government” (co-author), Advising Oregon Businesses, Supp. 2009

Trade Publications

  • “Lesser-Known Insurance Policies for Addressing Project Risks,” Daily Journal of Commerce, March 14, 2024
  • “Oregon’s Employer Liability Law: It Is Time for a Change,” Daily Journal of Commerce, February 16, 2023
  • “How to Know When Bidding Practices Cross the Line,” Daily Journal of Commerce, February 18, 2022
  • “Strategic Tips That Parties Should Consider When Mediating Disputes,” Daily Journal of Commerce, February 18, 2021
  • “Warning Signs that a Contractor May Be Overextended,” Daily Journal of Commerce, February 20, 2020
  • “The Sureties Strike Back: The Expedited Dispute Resolution Performance Bond,” Daily Journal of Commerce, February 14, 2019
  • “A Lawyer’s Checklist for Starting Strong,” Daily Journal of Commerce, February 15, 2018 
  • “Teaming Agreements: When the Best Team May Not Be Enough,” Daily Journal of Commerce, February 17, 2017
  • “Seven Habits of Successful Negotiators," Daily Journal of Commerce, February 19, 2016
  • “10 Important Termination Considerations: Contracting Parties Should Carefully Evaluate Contributing Factors Before Making High-Risk Decisions,” Daily Journal of Commerce, February 20, 2015
  • “Legal Formalities in Contracts Can Be Perilous Pitfalls,” Daily Journal of Commerce, October 2014

Speaking Engagements

Recognition

  • Included in The Best Lawyers in America® (Construction Law), 2020–2024
  • Listed among Rising Stars (Construction Litigation: Business), Oregon Super Lawyers®, 2008, 2013–2014

Affiliations

Professional

  • Associated General Contractors, Oregon Columbia Chapter, Member
  • Construction Management Association of America (CMAA), Oregon Chapter, Member
  • Design-Build Institute of America (DBIA), Member

Civic

  • Board of Directors, Architecture Foundation of Oregon, Past Member
  • Stoel Rives LLP Pro Bono Night Clinic

Industries

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