Experience

Construction & Design
Kip Childs practices with the firm's Construction & Design practice group. He has extensive trial experience and has been heavily involved in both prosecuting and defending construction defect, delay, impact and design claims. Kip regularly participates in mediations and settlement conferences, advises clients on insurance coverage issues, and assists clients with negotiating and drafting construction and design contracts.

Workout & Restructuring

Kip also practices with the firm's Workout & Restructuring practice group and has significant experience in the areas of bankruptcy, commercial and general debtor-creditor law. He has represented both secured and unsecured creditors in numerous bankruptcies, foreclosures, reorganizations and loan workouts, and has extensive experience litigating bankruptcy preference, lien avoidance, priority and plan confirmation disputes.

Representative Work

Construction & Design

• Represented school district in arbitration proceeding (two-week arbitration hearing) in both prosecuting delay claims ($1 million) and defending multiple change-order claims ($4 million) arising out of the construction of two new high schools and one new middle school.
• Represented contractor in arbitration proceeding (four-week arbitration hearing) in prosecuting various change order claims ($2 million) and defending multiple defect and delay claims ($4 million) arising out of the construction of a new high school.
• Represented contractor in combined lawsuit and arbitration (one-week arbitration hearing) involving various change order claims and multiple defect claims relating to the construction of a luxury hotel.
• Represented individual in arbitration proceeding (one-week arbitration hearing) in prosecuting claims ($3 million) and defending counterclaims ($7 million) relating the split-up of a real estate development corporation.
• Represented winery owner in lawsuit (resolved through settlement) seeking recovery of the costs ($1 million) for tearing off and replacing defective stucco system.
• Represented developer in lawsuit (one-week trial) involving $6M in construction lien claims resulting from the lender's decision to cut off financing.
• Represented contractor in arbitration proceeding (one-week arbitration hearing) involving numerous defect and change order claims relating to construction of a riding arena and related structures.
• Represented owner in lawsuit involving multiple water-intrusion claims ($8.5 million) relating to two apartment complexes of 14 buildings and 260 units.
• Represented owner in lawsuit (resolved through settlement) involving extensive building envelope and water damage claims ($8 million) relating to a 22-building, 711-unit apartment complex.
• Represented homeowner in arbitration proceeding (ten-day hearing) resulting in a $1M arbitration award for cost over-runs on a residential renovation project.
• Represented engineer in lawsuit (resolved through settlement) involving alleged negligence claims associated with a warehouse-to-condominium conversion.
• Represented architect in lawsuit involving claims by owner associated with corrections and repairs to 180-unit apartment complex that were necessitated by ADA requirements.
• Represented boring and tunneling contractor in lawsuit (resolved through settlement) involving claims associated with repairing cracked piping.
• Represented boring and tunneling contractor in lawsuit involving claims for extras associated with differing site conditions and weather delays.

Workout & Restructuring

• Represented a receiver appointed by the State of Oregon in a state court lawsuit in taking over and selling one of Oregon's largest real estate brokerage firms.
• Represented a secured lender in recovering collateral that included a fleet of over 60 tanker trucks in a borrower's Chapter 11 bankruptcy reorganization.
• Represented lender in foreclosing upon and recovering a resort and associated golf course, restaurants and retail establishments.
• Represented bank in defeating priority claims and recovering several million dollars worth of collateral in corporate borrower's Chapter 11 bankruptcy.
• Represented a Canadian bank in locating, arresting and recovering a large charter fishing vessel that had been secreted out of Canadian waters.
• Represented heavy-equipment supplier in recovering collateral and prosecuting claims in distributor's bankruptcy reorganization arising out of distributor's multiple sales out-of-trust
• Represented two large real estate developers in negotiating and resolving multiple retail lease defaults at numerous shopping centers.
• Represented bank in defending multi-million dollar lender liability claims arising out of funding provided for the development of a resort and golf course.
• Represented a unit-owners association of a resort condominium project in negotiating the restructuring of its debt and a resolution of its Chapter 11 bankruptcy.

Professional Honors & Activities

• Coeditor In Chief, Civil Litigation Manual, Oregon State Bar, 2009
• Coeditor In Chief, Civil Litigation Manual, Oregon State Bar, 2004
• Chairperson, Construction Section's AIA Contract Review Committee, Oregon State Bar, 2004
• Chairperson, Debtor Creditor Section's Bankruptcy Review Committee, Oregon State Bar, 1996
• Executive Committee, Debtor Creditor Section, Oregon State Bar, 1993-1995
• Editor In Chief, Oregon Debtor Creditor Newsletter, 1991-1992
• Pro Bono Committee, Oregon State Bar, 1998-1991
• American Bar Association
• Idaho State Bar Association
• Oregon State Bar Association
• Washington State Bar Association

Presentations

• "The Evolving World of Construction Defects," The Seminar Group, 2007
• "Construction Defects, Water Intrusion and Other Calamities," The Seminar Group, 2006
• "Avoiding Professional Liability Actions," Half Moon Seminar, 2005
• "Plaintiffing The Water Leak Case In Oregon," Lorman Education Services, 2002, 2003 and 2004
• "Construction Defects – Avoidance, Monitoring And Resolution," Lorman Education Services, 2004
• "The Owner's Perspective On Construction Defects," Lorman Education Services, 2004
• "Litigating Change Order Disputes," Lorman Education Services, 2003
• "Defending Preference Claims," Oregon State Bar Debtor Creditor Section Annual Meeting, 1996
• "Successful Judgment Collections In Oregon," National Business Institute, Inc., 1995

Civic Activities

• Board of Directors, Portland Mountain Rescue; Clackamas County Steering Committee, Oregon League of Conservation Voters.

Publications

• "Owners Often Bear Costs of Construction Defects," The Daily Journal of Commerce, 2008
• "Is The Building Industry Broke," The Daily Journal of Commerce, 2007
• "Oregon Legislature, Construction Industry Miss Opportunities," The Daily Journal of Commerce, 2007
• "Washington, A Model for Construction Defect Solution," The Daily Journal of Commerce, 2006
• "As condo market booms, so does litigation," The Daily Journal Of Commerce, 2005
• "Federal Procurements," Ch. 7 Oregon State Bar Construction Law Manual, 2004
• "Allegations and Interrogatories," Ch. 20 Oregon Commercial Practice Manual, 1995
• "Executions Against Personal Property," Ch. 21 Oregon Commercial Practice Manual, 1995
• "Conversion of Assets and §727(a)(2) – Should A Debtor Be Denies A Discharge For Converting Nonexempt Assets To Exempt Assets Prior To Filing Bankruptcy?", Oregon Debtor Creditor Newsletter, Vo. X11, No. 4
• "Piecemeal Treatment Of Executory Contracts In Bankruptcy," Oregon Debtor Creditor Newsletter, Vo. X, No. 4
• "Adequately Protecting The Undersecured Creditor In Bankruptcy," Oregon Debtor Creditor Newsletter, Vo. IX, No. 3

Education

• University of Wisconsin Law School, J.D., 1983
  Managing Editor, Wisconsin International Law Journal, 1982-83
  Member, Jessup International Moot Court team, 1982
• Colgate University, B.A., 1978

Admissions

• Oregon
• Idaho
• Washington
• U.S. District Court for the District of Oregon
• U.S. Court of Appeals, Ninth Circuit

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