Overview

About Eric

Eric Grasberger is a partner of the firm focusing his practice on construction and design law, including contract drafting and negotiating, delay, impact and productivity claims, lien, bond and other payment claims, construction defect claims, and public contracting.

Eric joined the firm in 1991. He is Chair of Stoel Rives’ Construction and Design group. Eric has represented private and public owners, developers, design firms, contractors, and suppliers at all tiers. Significant engagements include energy and industrial plant construction, high-tech manufacturing, infrastructure projects, multifamily projects, and both commercial and residential high-rise and mid-rise projects. He is a frequent speaker to the industry and the Oregon Bar.

In 2005, the State of Oregon appointed Eric to the Construction Claims Task Force. He was then elected by the other Task Force members to chair the Task Force. The goal of the Task Force was to research and recommend to the 74th Oregon Legislative Assembly (2007) statutory and building code changes that would reduce construction and design defects plaguing commercial and residential construction consumers and industry members alike.

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Experience

Experience

  • Representation of high-tech company in manufacturing plant expansion projects including delay, productivity, and defect claims arising from facility construction (Oregon and Arizona) and in preparing contract forms for international use.
  • Representation of major trade subcontractor in delay and impact claims on natural gas compressor station upgrade (California).
  • Representation of municipality regarding CMGC contract forms and delay and impact claims on sewage treatment plant expansion (Oregon).
  • Representation of public airport owner on runway and taxiway installations, terminal upgrades, and related projects, including procurement documents, bid protests, construction and design contracts, and claims (Oregon).
  • Representation of largest Oregon county on CMGC contracting issues and claims on bridge projects (Oregon).
  • Representation of EPC prime contractor in litigation involving design and construction of ethanol plant (Oregon).
  • Representation of EPC prime contractor in litigation involving design and construction of wine bottle manufacturing facility (Washington).
  • Defense of national prime contractor against environmental penalties levied by municipality arising out of accidental water line break (Oregon).
  • Representation of product manufacturer in major equipment refurbishment contracts to upgrade manufacturing process (Nevada).
  • Representation of design firm in contract negotiations with design build prime contractor on sport stadium project (Oregon).
  • Representation of design firm in contract negotiations and disputes over public library and school district projects (Oregon).
  • Representation of transportation district in expansion of light rail (multiple projects, Oregon).
  • Representation of developer/owner in 45-party litigation matter involving defects in 500-unit apartment complex (Colorado).
  • Representation of developer/owner in commercial high-rise project in Portland (Oregon).
  • Representation of developer/owner in multiple contracts and litigation matters for western states hospitality developer/owner (California, Oregon, Washington).
  • Representation of developer/owners in multiple contracts and litigation matters for several national multifamily developers (multi-state).
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Honors

Honors & Activities

Professional Honors & Activities

  • Named by Best Lawyers® as Litigation—Construction “Lawyer of the Year,” Portland, 2021 and 2024; and Construction Law “Lawyer of the Year,” Portland, 2015, 2018 and 2024
  • Included in The Best Lawyers in America® (Construction Law, Litigation—Construction), 2007–2024
  • Chair, Oregon Construction Claims Task Force (appointed by Oregon Department of Consumer and Business Services), 2007–2008
  • Listed in Oregon Super Lawyers® (Construction Litigation, Real Estate), 2006, 2008–2013, 2015–2022
  • Member of practice group nationally ranked in Best Law Firms®, 2010–2023
  • Selected as one of Oregon Business Journal’s Top Forty Under 40 (Oregon’s Top Professional and Business Leaders)
  • Fellow, Construction Lawyers Society of America
  • Past lead counsel to the Board, past chair of the Legal Committee, Associated General Contractors
  • Past member of the Board of Directors, Oregon State Bar Construction Law Section
  • Member: Construction Industry Forum Committee, Public Contract Law Section and Litigation Section of the American Bar Association; and Real Estate, Construction and Government Law Sections of the Multnomah Bar Association

Civic Activities

  • Participating attorney and past Program Manager, MCLAS Pro Bono Clinic
  • Received Pro Bono Award, Multnomah County Legal Aid Service, 1997
  • Member of the Board of Directors, March of Dimes, Lewis & Clark chapter, 2002–2006
  • Top Individual Fundraiser for March of Dimes (multiple years)
  • Board Member and Vice Chairman, Valley Catholic Schools, 2016–2019
  • Volunteer Basketball Coach, 2008–2018
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Insights & Presentations

Sample Speaking Engagements / Articles

  • “5 Keys to Early Mediation Success When Project Disputes Arise,” Daily Journal of Commerce, January 18, 2024
  • “Don’t Let Disputed Change Orders Derail Your Construction Project,” Daily Journal of Commerce, November 16, 2023
  • “Considerations When Selecting Prime Contractors and Subcontractors,” Daily Journal of Commerce, November 17, 2022
  • “Repairing the Disconnect Between Your Claim and Your Job Cost Report,” 2022 Midwest Construction Law Symposium, Construction Lawyers Society of America, August 12, 2022
  • “The Infrastructure Boom is Coming—Are You Ready?” (presenter & co-chair), 26th Annual Oregon Construction Law Seminar, The Seminar Group, September 2021
  • “Preventing and Resolving Disputes Generated by Defects and Failures,” HalfMoon Seminar, April 8, 2021
  • “Adopting Practices that Reduce Defects and Failures” HalfMoon Seminar, April 8, 2021
  • “Why Early Mediations Often Fail, and Possible Remedies,” Daily Journal of Commerce, December 22, 2020
  • “Owners Are People, Too” (presenter & co-chair), 25th Annual Oregon Construction Law Seminar, The Seminar Group, September 2020
  • “A Glimpse at the Next 12 Months of Construction,” Portland Business Journal, May 22, 2020
  • “The 10 Things I (the Owner) Hate About You (the Contractor)” (presenter & co-chair), 24th Annual Oregon Construction Law Seminar, The Seminar Group, September 12 & 13, 2019
  • “Sizing up Your Seismic Risk,” “How to Prepare for the Next Wave of Construction and Development Litigation,” The New Normal: Preparing for Portland’s New Development Trends, Stoel Rives LLP, Portland, OR, October 24, 2018
  • “Owner Issues in Advanced Construction Contracting” (presenter & co-chair), 23rd Annual Oregon Construction Law Seminar, The Seminar Group, September 27 & 28, 2018
  • “Effectively addressing changes during a fast-paced job,” Daily Journal of Commerce, September 21, 2018
  • “Know the risks of cross-laminated timber before beginning your project” (co-author), Portland Business Journal, September 11, 2018
  • “Crane Swingway Easements,” The Seminar Group: Easements in Oregon, February 10, 2017
  • “21st Annual Oregon Construction Law” (co-chair), The Seminar Group, September 22 & 23, 2016
  • “Self-Imposed ADA Audits: The Developer’s Best Option,” Daily Journal of Commerce, September 16, 2016
  • “The Trend Towards Liability Waivers in Design and Construction,” Daily Journal of Commerce, September 19, 2015
  • “Construction Projects and ADA Accessibility Compliance,” Strafford Publications, Inc., May 21, 2013
  • “ADA Claims: The Buck Stops with Developers,” Daily Journal of Commerce, November 23, 2012
  • “Evolving Concepts of ‘Fairness’ in Construction Contracts,” Daily Journal of Commerce, May 17, 2012
  • “The Increasing Presence of Special Purpose Entities,” Daily Journal of Commerce, November 17, 2011
  • “Competitive Bidding in Oregon,” The Seminar Group, March 31, 2011
  • “Public Contracting for Construction - A Survival Guide for Oregon Public Agencies,” Stoel Rives LLP, March 3, 2011
  • “Do You Want the Cheapest Contractor, or the Best Contractor?” Oregon County Counsel Association, November 18, 2010
  • “Green and Sustainable Design and Construction,” The Seminar Group, September 23, 2010
  • “Doing Business With the Government” (co-author), Advising Oregon Businesses, 2009 supplement
  • “Green Building/Key Contract Clauses,” Oregon District Attorneys Association, 2009
  • “Counseling Green,” Urban Land Institute, 2009
  • “Ten Ways to Mitigate Risk When Going Green,” National Expositions, 2009
  • “Developers Must Think Carefully When Creating LLCs,” Daily Journal of Commerce, 2008
  • “The Tension Between ‘Collaboration’ for Success and ‘Liability Allocation’ Upon Failure,” The Seminar Group, 2008
  • “Green and Sustainable Design and Construction,” The Seminar Group, 2008, 2009
  • “Top Ten Clauses to Get Right in Your Design and Construction Contracts,” Oregon District Attorneys Association, 2008
  • “Owners and Developers Construction Tips & Traps,” Stoel Rives LLP, 2008
  • “The Policy & Politics of Change,” NEBC, 2008
  • “Legal Issues Regarding Green Building,” Lorman Education Services, 2008
  • “Struggling Condos Present Takeover Issues,” Daily Journal of Commerce, 2007
  • “State of Oregon’s Construction Claims Task Force Brings 11 Recommendations to Legislature,” Daily Journal of Commerce, 2007
  • “Public Construction in the New Era,” Oregon District Attorneys Association, 2007
  • “Assume Too Much and A-Team’s Work Ends Up an F,” Daily Journal of Commerce, 2006
  • “Product Warranties Do More Harm Than Good,” Daily Journal of Commerce, 2006
  • “Construction Defects, Water Intrusions and Other Calamities,” The Seminar Group, 2006
  • “Understanding the Construction Process from the Developer’s Perspective in Oregon,” Lorman Education Services, 2005, 2006
  • “Top 10 Developer Insurance and Risk Traps,” Urban Land Institute, 2005, 2006
  • “Developer/Contractor Licensing,” NAIOP, 2005
  • “Today’s Endorsement May Spell Tomorrow’s Disaster,” Daily Journal of Commerce, 2005
  • “Using AIA Contracts on Public Improvement Projects,” OSB Government Law Section, 2005
  • “Oregon State Procurements,” The Seminar Group, 2005
  • “Public Contracting Approaches,” The Seminar Group, 2004
  • “CMGC and Design/Build AIA Forms,” Lorman Education Services, 2004
  • “Solving Water Intrusion and Mold Problems in Oregon,” Lorman Education Services, 2002, 2003, 2004
  • “The Mold Epidemic,” The Seminar Group, 2003
  • “Performing a Fungal Assessment—Legal Issues,” NEBC, 2003
  • “Construction Contracting for Public Agencies in Oregon,” Lorman Education Services, 2002
  • “Technology and Construction,” Stoel Rives LLP, 2001
  • “Federal Bid Protests,” Lorman Education Services, 2000
  • “CMGC, Design-Build and Other Alternative Approaches to Construction,” Lorman Education Services, 2000
  • “State and Local Bid Challenges,” OSB Public Contracting CLE, 2000
  • “Four Steps to Mastering AIA Form Contracts,” OSB Annual Meeting, 2000
  • “CMGC, Design-Build and Other Alternative Approaches to Construction,” Law Seminars International, 1999, 2000
  • “CMGC and Other Exemptions from Competitive Bidding” and “Oregon Bid Protests and Recent Developments,” Law Seminars International, 1998
  • “Oregon Construction Law,” American Bar Association CLE sponsored by the ABA Design and Construction Contracts Committee, 1997
  • “Contractor Licensing and Registration,” Oregon Construction Law CLE, 1997 Edition
  • “Challenges to Public Contract Award,” Oregon Law Institute, 1997
  • “Threshold Issues in Public Construction Projects,” Oregon County Counsel Conference, 1997
  • “Oregon Bid Protest Law,” Law Seminars International, 1997
  • “High Technology Marketing for Contractors,” AGC Annual Retreat, 1996
  • “Theories of Liability and Defenses,” The Cambridge Institute, 1994
  • “The Basics of Bid Disputes,” The Cambridge Institute, 1993
  • “The Americans with Disabilities Act,” Portland State University, 1993


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