Overview

Eric Grasberger focuses 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 is the 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 statutory and building code changes that would reduce construction and design defects plaguing commercial and residential construction consumers and industry members alike.

Education

University of North Carolina School of Law, J.D., 1991, cum laude; Board of Editors, North Carolina Journal of International Law and Commercial Regulation, 1990-1991

University of Notre Dame, B.A., Economics and Business, 1987; Dean’s List

Admissions

Oregon

United States District Court for the District of Oregon

United States Court of Federal Claims

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).

Insights

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

Recognition

  • 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–present
  • Listed in Oregon Super Lawyers® (Construction Litigation, Real Estate), 2006, 2008–2013, 2015–2022
  • Selected as one of Oregon Business Journal’s Top Forty Under 40 (Oregon’s Top Professional and Business Leaders)

Affiliations

Professional

  • Construction Lawyers Society of America, Fellow
  • Oregon Construction Claims Task Force (appointed by Oregon Department of Consumer and Business Services), Chair, 2007–2008
  • Associated General Contractors, past Lead Counsel to the Board, past Chair of the Legal Committee
  • Oregon State Bar Construction Law Section, past Member of the Board of Directors
  • 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, Member

Civic

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

Industries

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