C. Andrew Gibson

C. Andrew Gibson
Partner
Portland, OR
Overview

About Andrew

Andrew Gibson helps his clients build successful projects and negotiate and resolve disputes.  As a partner in Stoel Rives’ Real Estate, Construction, and Design Practice, Andrew is experienced in drafting and negotiating all forms of project documents, from the design phase through construction, and regularly  assists clients with navigating the typical tricks and traps of contracting and insurance coverage issues.

Licensed in California, Oregon and Washington, Andrew is also a veteran of a variety of legal proceedings and has successfully pursued construction defect claims, insurance and bond claims, bid protests, stop payment notices, mechanic’s liens, real estate disputes, and collection actions through mediation, arbitration, and litigation. 

Before joining Stoel Rives, Andrew was an associate with Leonidou & Rosin, P.C. in Mountain View, California (2005-2011), and a law clerk to the general counsel for Syar Industries, Inc. in Napa, California (2003).

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Experience

Experience

Owners/Developers

  • Settled multimillion-dollar defect claims against contractor and design team for corporate data center owner following dozens of depositions and significant law and motion practice as part of multi-faceted litigation team.
  • Resolved complex construction defect, fraud, and misrepresentation damage claims for residential homeowner. 
  • Successfully pursued insurance recovery for commercial business severely damaged by tornado event.
  • Won multimillion-dollar construction defect damages award in arbitration as part of litigation team representing a large residential and commercial developer.
  • Successfully litigated breach of contract and fiduciary duty issues for developer in real estate transaction litigation.
  • Pursued and secured collection in bad-faith insurance litigation for owner/developer.
  • Defended corporate client against commercial lease damages claims.
  • Recovered damages for homeowner clients in real estate property disputes.
  • Counseled owner clients on insurance coverage issues and policy tracking protocols.

Contractors

  • As part of litigation team successfully defended an international general contractor from hundreds of thousands of dollars in subcontractor extra work claims and Miller Act lawsuits on federal projects.
  • Assisted heavy highway and transportation contractor with claim preparation on state highway projects and in conjunction with state claims procedures.
  • Won bid protest for general contractor on $33.5M federal construction project.
  • Won California Court of Appeal decision affirming judgments obtained via dispositive motions in favor of a community college district and a large general contractor against a subcontractor's claims for additional compensation.
  • Represented a heavy civil engineering contractor as part of the litigation team in a multimillion-dollar matter involving claims of differing site conditions and disputed change orders on a large public works utility project.
  • Represented a general contractor as part of the litigation team in a large dispute over a commercial shopping center development and claims of unpaid change orders, construction and design defects, and delay claims.
  • Won arbitration award for a high-end residential contractor for unpaid work on a single-family home and defeating adverse million-dollar claims for alleged defects, fraud and misrepresentation.

Materials Suppliers

  • Facilitated lien and bond collection of over $350,000 across four projects in four states notwithstanding bankruptcy filing by roofing subcontractor.
  • Successfully recovered on Miller Act bond claims on large-scale public works projects.
  • Collected on a $200,000 mechanic’s lien claim on private commercial project despite insolvent subcontractor customer.
  • Secured collection from subcontractor, bond sureties and public entities across multiple projects.

Design Professionals

  • Successfully defended Design Professionals from defective design claims on commercial projects.
  • Counseled Design Professionals on collection matters.

Contracts

  • Drafted and negotiated all types of AIA form contracts for Owners/Developers, Design Professionals, and Contractors on apartment buildings, condominiums, shopping centers, hotels, and other commercial projects.
  • Prepared Design-Build agreements for specified project delivery systems.
  • Prepared numerous job-specific design and construction agreements for various high-end residential improvements and commercial tenant improvement projects.
  • Prepared terms and conditions sheets for use in construction contracting.
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Honors

Honors & Activities

Professional Honors & Activities

  • Oregon State Bar Construction Law Section Executive Committee Member
  • Member of practice group nationally ranked Tier 1 for Construction Law, 2010-2017 | Construction Litigation, 2015-2017, by U.S. News – Best Lawyers® "Best Law Firms"
  • Pro Bono Counsel, Legal Aid Services of Oregon-Volunteer Lawyers Project Night Clinic
  • Member, Associates Council, Associated General Contractors – Oregon Columbia chapter

Civic Activities

  • Oregon Children’s Theater Board Member and Vice President
  • Arts Council of Lake Oswego Board Member and Secretary
  • Sigma Chi Fraternity Chapter Mentor and Leadership Training Faculty
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Insights & Presentations

Insights & Presentations

  • "Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials," Stoel Rives LLP, Ahead of Schedule, the Development, Design, & Construction Blog, March 14, 2017
  • "Year-End Insurance Review: Common Coverage Oversights," Daily Journal of Commerce, November 2016
  • “Are you SOL under Oregon SOLs? - A refresher on Oregon statutes of limitation and repose,” 21st Annual Construction Law Seminar, The Seminar Group, September 2016
  • “A New Wrinkle In Time To Claim Construction Defects,” Daily Journal of Commerce, April 2016
  • “Protections Against Subcontractor Defaults,” Daily Journal of Commerce, November 2015
  • “Defect Considerations Unique to Apartments and Condominiums,” 20th Annual Construction Law Seminar, The Seminar Group, September 2015
  • “Construction Default Rights & Remedies: Subcontractor Default Insurance and Bonding,” The Seminar Group, June 2015
  • “Finishing Strong vs. Finishing Wrong:  Tips and Traps for Project Completion,” Daily Journal of Commerce, March 2015
  • “Condominiums:  Opportunities and Pitfalls,” The Seminar Group, March 2015
  • “Put in Writing When the Clock Starts Ticking,” Daily Journal of Commerce, November 2014
  • “Resolving Disputes on Public Construction Projects,” HalfMoon Education, Inc., October 2014
  • “Launching Into the Future with Design-Build and Integrated Project Delivery,” AGC Summer Convention, August 2014
  • “The Art of Negotiation,” (Joint Presentation with Pinnell/Busch, Inc.), AGC Summer Convention, August 2014
  • “Retention Rule Change May Have Unintended Consequences,” Daily Journal of Commerce, March 2014
  • “Owners & Developers Tips & Traps for Finishing Strong vs. Finishing Wrong,” Stoel Rives, LLP, October 2013
  • “Contractual Duty to Defend Kicks In When? Parties Should Clearly Define Parameters in Construction Contracts to Mitigate Risk of Costly Litigation,” Daily Journal of Commerce, July 2013
  • "No Contractor's License Means You Work For Free," Stoel Rives LLP, Ahead of Schedule, the Development, Design, & Construction Blog, April 30, 2013
  • “New for 2013! California Form Interrogatories – Construction Litigation (DISC-005)”, Stoel Rives, LLP, Ahead of Schedule, the Development, Design, & Construction Blog, November 1, 2012
  • Oregon’s Prompt Pay Acts Strengthened and Clarified in 2012, Stoel Rives LLP, Ahead of Schedule, the Development, Design, & Construction Blog, March 22, 2012
  • “Labor Lost, The Consequences of Performing Contractor Work In California Without A License,” Leonidou & Rosin, Professional Corporation, Construction Law Newsletter, Fall 2009



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