Tamara L. Boeck

Experience

Tamara Boeck represents diverse clients in all areas of construction law and litigation, providing risk management (RM) advice relating to construction development for a variety of projects from concept through construction, as well as into dispute resolution. She routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada. Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing, solar, wind, geothermal, biofuel, wastewater treatment and other industrial facilities. In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts, she handles construction disputes in litigation and arbitration, encompassing business conflicts, delay, workmanship and performance, as well as those matters involving lien laws, insurance coverage, toxic tort, product liability and catastrophic injuries. With more than 20 years of experience, she is able to assist and protect her clients in arbitration or trial when a pragmatic business resolution is not available.

Before joining Stoel Rives, Tami was a Shareholder for eight years at another West Coast regional law firm. She was one of the founders of that firm's California offices (1992), its Nevada office (1994), and served as Shareholder-in-Charge of that firm's former Sacramento office (2006-2008).

Representative Work

Contracts/Risk Management

• Serving as personal counsel for a national developer of multi-family and student housing products in RM strategies, contract modifications and multi-state claims and litigation.
• Serving as lead counsel for a top 10 condominium developer in multi-state right-to-repair claims and litigation, as well as RM strategies and contract compliance under state law.  Eliminating potential defect lawsuits for several projects through proactive RM, and reducing resolution settlements to at or below fully enrolled $2M OCIPS for 150-300+ unit projects.  RM reduced insurance industry standard "claim payouts" per unit on client projects on average by 50-75%.
• Serving as personal counsel for a national investment and management entity, that focuses on market rate and affordable multifamily housing in RM strategies and contract modifications for California condominium project. Advice includes ongoing RM practices and contract "best practices" for multi-state projects.
• Assisting out-of-state entities regarding California, Nevada and Idaho contracting, licensing and lien laws process and procedures for compliance.
• Personal counsel for an exclusive high-end custom home builder in California, including assisting with licensing and business advice, drafting all contracts, establishing RM process and protocol, handling course of negotiation/construction and warranty matters for client. Advice also includes construction and right-to-repair claim processes, and insurance claims/disputes under traditional policies, as well as OCIPS, CIPS and Wraps.
• Advising a premier multi-state custom homebuilder regarding architectural and contractor RM, licensing laws, business entity structure recommendations, "best practices" for entity operations, and modification of construction contracts. Advice also includes construction and right-to-repair claim processes, and insurance claims/disputes under traditional policies, OCIPS, CIPS and Wraps.
• Draft construction agreements for a shaft retrofit for gold and silver mine owner/developer, and related contracts for services. Advice includes ongoing contract drafting for entity, as well as insurance and lien avoidance advice.
• Drafted construction installation agreements for solar installers in California.
• Assisted with state-specific construction and lien law/licensing issues in EPC and drilling agreements for mining, wind, solar and geothermal developers.
• Drafted design-build-operate-finance (DBOF) contract for a multimillion-dollar wastewater treatment plant under the California IFA.
• Defended owners and suppliers in multimillion-dollar mechanics lien claims and disputes, using "best practices" to mitigate and avoid further disputes.
• Drafting, reviewing and negotiating various contracts for construction-related services, including design professional services agreements, construction management agreements, construction services agreements and material procurement agreements.

Bid Protests

• Part of the team that successfully defended awardee-intervenor in GAO and Court of Federal Claims protests to the award of a multi-year services contract.
• Represented the low bidder in California CalTrans bid protest on multimillion-dollar contract.
• Represented the awardee in Idaho against bid protest for IDOT contract.

Insurance

• Represented the owner/developer entities in insurance disputes and litigation in California under an OCIP/WRAP, securing coverage for clients in multi-family project construction defect litigation.
• Represented the developers in coverage evaluation and claims in wrongful death allegation from California project, securing coverage for all entities.
• Advising mining and construction entity clients regarding licensing and insurance-related issues, including independent contractor requirements and limitations.
• Advising design/build contractors regarding insurance-related issues, including traditional policies, CPLPs, OCIPS CIPS and Wraps.

Litigation

• Representing a homeowner's association against the upslope developers and successor property owners in their poor design and development practices in the diversion of stormwater at the Northstar Village Resort during the $200 million expansion. Representation has also included guiding the client through the investigation, recommendations for repair and remediation, as well as representation in the pending appeal and the ultimate damage phase of the litigation.
• Served as personal counsel for a developer in multimillion-dollar custom home alleged defect litigation in California and successfully settled for repair costs and contract costs, eliminating all misrepresentation, fraud and claimed statutory violations.
• Representing the owner of a biofuel power generator against a negligent electrical subcontractor who crossed wires during construction and caused the failure of the facility's generator and related damages in excess of $6 million.
• Representing the owner of a windfarm in ongoing end-of-project claims, liens and warranty disputes related to construction completion and quality.
• Representing an international government contractor and its surety in multi-state Miller Act/contract dispute actions in federal court and arbitration.
• Substituted as counsel within months of initial trial date to represent Owner against eight lawsuits in state court alleging significant personal injury arising out of Legionnaire's Disease outbreak discovered at time share towers, including prosecution of claims against national general contractor and subcontractors for substandard work causing the outbreak. Achieved successful resolution of all claims without trial exposure and further adverse press to Owner, which included payment by AIEs and insurers of general contractor and subcontractors for contribution (as well as attorney fees and costs) of over 75%.
• Substituted as counsel within months of initial trial date to represent a concrete installer against indemnity claims by the general contractor for over 350 homes in a subdivision. Successfully resolved all claims against client for fraction of percentage allocation demanded by general contractor, and exposed general contractor's defective construction practices which contributed to alleged defects.

Professional Honors & Activities

• Listed in Best Lawyers in America® (currently: Construction Law), 2010-2013
• Listed in Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™, inaugural edition, 2011
• Listed in Nevada Super Lawyers®, 2007
• Listed in Northern California Super Lawyers®, 2005
• AV Preeminent Peer Review Rated with Martindale-Hubbell®
• Idaho Volunteer Lawyers Program, Pro Bono Military Legal Assistance Program and Advice & Consultation Clinics, Idaho Volunteer Lawyers Program, and Boise Senior Center, 2010-present
• Volunteer, LOVE INC, Treasure Valley (budget counseling for persons of limited means)
• Member of practice group nationally ranked Tier 1 for Construction Law by U.S. News – Best Lawyers® "Best Law Firms" 2010-Present
• Vice-chair, Webinars and Publications, Construction Law and Litigation Committee, 2011-2012; chair, Construction Law and Litigation Committee, 2008-2009; vice chair, Programs and Projects, Construction Law and Litigation Committee, 2006-2008, International Association of Defense Counsel
• Idaho Association of Defense Counsel
• Board member, Sacramento Area Emergency Housing Commission, 2005-2008
• Secretary/Treasurer, El Dorado Hills Area Planning Advisory Committee, 1999-2004
• Sacramento County Bar Association
• California Bar Association
• Clark County (Nevada) Bar Association
• Washoe County (Nevada) Bar Association
• Nevada Bar Association
• Idaho Bar Association

Presentations

• Speaker, "Construction Contracts: Crafting Insurance and Indemnification Clauses" CLE webinar on June 14, 2011 and Aug. 25, 2010, Strafford Publications
• Moderator and speaker, "Review of Cases and Trends In Construction Law: Homebuilder's Right To Repair Laws, Litigation v. Arbitration, and Other Legal Issues," International Association of Defense Counsel Midyear Meeting, Kona, Hawaii, 2008
• Moderator, "The Changing American Institute of Architects (AIA) Documents: What You Need to Know About the 2007 Edition," International Association of Defense Counsel Annual Meeting, Bermuda, 2007
• Speaker, "Day in the Life Videos: Making Sure the 'Day in the Life' Does Not Become the 'Verdict of the Year' – A Defense Perspective," Defense Research Institute Seminar, 2007
• Speaker, "What Construction Lawyers Need to Know About Insurance," International Association of Defense Counsel Midyear Meeting, Pebble Beach, California, 2007
• Speaker, "Special Challenges and Changes in the Insurance Market," Northern California Construction Financial Management Association Conference, Sacramento, California, 2007
• Speaker, "Construction Deficiencies: An Overview of Construction Defect Categories and The 'Latent Defect' Exclusion," ABA Tort Trial & Litigation Section, Carlsbad, California, 2006
• Moderator, "Defective Products Incorporated into a Construction Project: Who's Left Holding the Bag?," International Association of Defense Counsel, La Quinta, California, 2006
• Moderator and speaker, "Toxic Molds or Toxic Myths," State Bar of California, Environmental Law Section, Annual Meeting, Yosemite, California, 2002
• Speaker, "Underlying Personal Injury Exposures in Mold Claims, What are the Potential Damages?," International Association of Defense Counsel, Whistler, British Columbia, 2002
• Speaker, "Mold: What are the Underlying Exposures?," Defense Research Institute Seminar, San Diego, California, 2002
• Speaker, "Is the Mold Rush the New Litigation Gold Rush? Strategies for Taking the 'Gold' out of Mold Claims," Bullivant Houser Bailey PC Seminar, Portland, Oregon, 2002 and Seattle, Washington, 2001
• Speaker, "Earth, Wind, Fire & Water: Key Issues to Address After a Catastrophe," American Bar Association, New York, New York, 2001

Publications

• "Transactional Immunity Under the California Water Code: Advance Pardon for Crimes Revealed?," 24 Pacific Law Journal 505, 1993

Education

• University of the Pacific, McGeorge School of Law, J.D., 1993, with distinction
• California State University, Fresno, B.S., 1990, cum laude

Admissions

• California
• Idaho
• Nevada
• U.S. District Court, all districts of California
• U.S. District Court, District of Nevada
• U.S. District Court, District of Idaho
• U.S. Court of Appeals for the Ninth Circuit

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