C. Andrew Gibson

Partner

Portland, OR

P: 503.294.9878

Overview
Experience
Honors & Activities
Insights & Presentations

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

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.
Defense of 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.
Representation of 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.
Representation of 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

Included in The Best Lawyers in America^® (currently: Construction Law, Litigation—Construction), 2022–2023
Oregon State Bar Construction Law Section Executive Committee Member
Member of practice group nationally ranked by U.S. News—Best Lawyers^® “Best Law Firms,” 2010–2022
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
Providence Portland Medical Foundation Board Member
Architecture Foundation of Oregon Board Member
Arts Council of Lake Oswego Board Member and Secretary
Sigma Chi Fraternity Chapter Mentor and Leadership Training Faculty

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Insights & Presentations

“Can a Contractor Simply Walk Off a Job?” Daily Journal of Commerce, October 2022
“Going Through the Big ‘D’ in 2023: Delays, (Project) Divorces, and Those Darn Cost Increases,” Professional and Industry Associates Council, Associated General Contractors of America (AGC), October 2022
“The Importance of Third-Party Beneficiary Clauses in Contracts,” Daily Journal of Commerce, September 2022
“Construction Insurance: Common Coverage Mistakes and How To Correct Them,” Portland Business Journal, July 2022
“Surety Bonds vs. Subcontractor Default Insurance” Daily Journal of Commerce, September 2021
“Ensuring Your Construction Project Remains Insured,” Daily Journal of Commerce, November 2020
“Be Aware (or Beware!) of Extended Mechanic’s Lien Rights,” Daily Journal of Commerce, November 2019
“Claims, Contracts and the Common Law,” Construction Defect Litigation, The Seminar Group, May 2019
“When “Art” Strikes Development,” Daily Journal of Commerce, November 2018
“Tips on Preventing and Handling Liens if (When?) the Market crashes,” The New Normal: Preparing for Portland’s New Development Trends, Stoel Rives LLP, October 2018
“Easement Litigation: Easements by Implication and Prescription” (co-presenter), Easements and Access, The Seminar Group, June 2018
“ConsensusDocs 200 Agreement and General Conditions: Claims, Limitation Periods, Disputes, and Resolution,” HalfMoon Education ConsensusDocs Workshop, February 2018
“When Three’s Company, and Not a Crowd,” Daily Journal of Commerce, November 2017
“Contract Review (Deal Makers/Deal Breakers),” Advanced Construction Law, Oregon State Bar Construction Law Section, October 2017
“Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials,” Stoel Rives LLP Ahead of Schedule 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 blog, April 30, 2013
“New for 2013! California Form Interrogatories—Construction Litigation (DISC-005),” Stoel Rives LLP Ahead of Schedule blog, November 1, 2012
“Oregon’s Prompt Pay Acts Strengthened and Clarified in 2012,” Stoel Rives LLP Ahead of Schedule 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