Overview

About Eric

Eric Grasberger is a partner of the firm focusing his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public improvement exemptions.

Eric joined the firm in 1991. He is Chair of Stoel Rives’ Construction and Design group and Co-chair of Stoel Rives’ Sustainable Real Estate Development Team. Eric has represented numerous private and public owners, developers and contractors in all facets of development and construction law. Significant engagements include energy and industrial plant construction, infrastructure projects, multifamily projects, and both commercial and residential high-rise and mid-rise projects. He is a frequent lecturer to the development industry and the Oregon Bar.

In 2005, the State of Oregon appointed Eric to represent commercial and residential consumers of construction services on 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 (2007) statutory and building code changes that would reduce construction and design defects plaguing commercial and residential construction consumers and industry members alike.

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Experience

Represent large port owner on major runway and related projects, including procurement documents, bid protests, and construction and design contracts.
Represent public owner on construction and design procurement and CMGC contracting issues on large bridge project in Portland (Oregon).
Represent contractor in large litigation matter involving EPC contract for ethanol plant (Oregon).
Represent contractor in large litigation matter involving EPC contract for wine bottle manufacturing facility (Washington).
Represent large high-tech company in numerous delay and defect claims arising from construction of manufacturing facilities (Oregon).
Represented developer/owner in 45-party litigation matter involving defects in 500-unit apartment complex (Colorado).
Represented developer/owner in largest current high-rise project in Portland (Oregon).
Represented developer/owner in multiple contracts and litigation matters for western states hospitality developer (California, Oregon, Washington).
Represented developer/owners in multiple contracts and litigation matters for several national multifamily developers (multi-state).
Lead counsel for public agencies in numerous public contract procurements and disputes, including airports, bridges, jails and schools.

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Honors

Honors & Activities

Professional Honors & Activities

Named by Best Lawyers^® as Litigation – Construction “Lawyer of the Year,” Portland, 2021; and Construction Law “Lawyer of the Year,” Portland, 2015 and 2018
Included in The Best Lawyers in America^® (currently: Construction Law, Litigation – Construction), 2007–2022
Chair, Oregon Construction Claims Task Force (appointed by Oregon Department of Consumer and Business Services)
Listed in Oregon Super Lawyers^® (Construction Litigation, Real Estate), 2006, 2008–2013, 2015–2021
Member of practice group nationally ranked by U.S. News – Best Lawyers^® “Best Law Firms,” 2010–2022
Selected as one of Oregon Business Journal’s Top Forty Under 40 (Oregon’s Top Professional and Business Leaders)
Fellow, Construction Lawyers Society of America
Past lead counsel to the Board, past chair of the Legal Committee, Associated General Contractors
Past member of the Board of Directors, Oregon State Bar Construction Law Section
Member: 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

Civic Activities

Participating attorney and past Program Manager, MCLAS Pro Bono Clinic
Member of the Board of Directors, March of Dimes, Lewis & Clark chapter, 2002–2006

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Insights & Presentations

“Why Early Mediations Often Fail, and Possible Remedies,” Daily Journal of Commerce, Dec. 22, 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, Sept. 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, Oct. 24, 2018
“Owner Issues in Advanced Construction Contracting” (presenter & co-chair), 23rd Annual Oregon Construction Law Seminar, The Seminar Group, Sept. 27 & 28, 2018
“Effectively addressing changes during a fast-paced job,” Daily Journal of Commerce, Sept. 21, 2018
“Know the risks of cross-laminated timber before beginning your project” (co-author), Portland Business Journal, Sept. 11, 2018
“Crane Swingway Easements,” The Seminar Group: Easements in Oregon, Feb. 10, 2017
“21st Annual Oregon Construction Law” (co-chair), The Seminar Group, Sept. 22 & 23, 2016
“Self-Imposed ADA Audits: The Developer’s Best Option,” Daily Journal of Commerce, Sept. 16, 2016
“The Trend Towards Liability Waivers in Design and Construction,” Daily Journal of Commerce, Sept. 19, 2015
“Construction Projects and ADA Accessibility Compliance,” Strafford Publications, Inc., May 21, 2013
“ADA Claims: The Buck Stops with Developers,” Daily Journal of Commerce, Nov. 23, 2012
“Evolving Concepts of ‘Fairness’ in Construction Contracts,” Daily Journal of Commerce, May 17, 2012
“The Increasing Presence of Special Purpose Entities,” Daily Journal of Commerce, Nov. 17, 2011
“Competitive Bidding in Oregon,” The Seminar Group, March 31, 2011
“Public Contracting for Construction - A Survival Guide for Oregon Public Agencies,” Stoel Rives LLP, March 3, 2011
“Do You Want the Cheapest Contractor, or the Best Contractor?,” Oregon County Counsel Association, Nov. 18, 2010
“Green and Sustainable Design and Construction,” The Seminar Group, Sept. 23, 2010
“Doing Business With the Government” (coauthor), Advising Oregon Businesses, 2009 supplement
“Green Building/Key Contract Clauses,” Oregon District Attorneys Association, 2009
“Counseling Green,” Urban Land Institute, 2009
“Ten Ways to Mitigate Risk When Going Green,” National Expositions, 2009
“Developers Must Think Carefully When Creating LLCs,” Daily Journal of Commerce, 2008
“The Tension Between ‘Collaboration’ for Success and ‘Liability Allocation’ Upon Failure,” The Seminar Group, 2008
“Green and Sustainable Design and Construction,” The Seminar Group, 2008, 2009
“Top Ten Clauses to Get Right in Your Design and Construction Contracts,” Oregon District Attorneys Association, 2008
“Owners and Developers Construction Tips & Traps,” Stoel Rives LLP, 2008
“The Policy & Politics of Change,” NEBC, 2008
“Legal Issues Regarding Green Building,” Lorman Education Services, 2008
“Struggling Condos Present Takeover Issues,” Daily Journal of Commerce, 2007
“State of Oregon’s Construction Claims Task Force Brings 11 Recommendations to Legislature,” Daily Journal of Commerce, 2007
“Public Construction in the New Era,” Oregon District Attorneys Association, 2007
“Assume Too Much and A-Team’s Work Ends Up an F,” Daily Journal of Commerce, 2006
“Product Warranties Do More Harm Than Good,” Daily Journal of Commerce, 2006
“Construction Defects, Water Intrusions and Other Calamities,” The Seminar Group, 2006
“Understanding the Construction Process from the Developer’s Perspective in Oregon,” Lorman Education Services, 2005, 2006
“Top 10 Developer Insurance and Risk Traps,” Urban Land Institute, 2005, 2006
“Developer/Contractor Licensing,” NAIOP, 2005
“Today’s Endorsement May Spell Tomorrow’s Disaster,” Daily Journal of Commerce, 2005
“Using AIA Contracts on Public Improvement Projects,” OSB Government Law Section, 2005
“Oregon State Procurements,” The Seminar Group, 2005
“Public Contracting Approaches,” The Seminar Group, 2004
“CMGC and Design/Build AIA Forms,” Lorman Education Services, 2004
“Solving Water Intrusion and Mold Problems in Oregon,” Lorman Education Services, 2002, 2003, 2004
“The Mold Epidemic,” The Seminar Group, 2003
“Performing a Fungal Assessment—Legal Issues,” NEBC, 2003
“Construction Contracting for Public Agencies in Oregon,” Lorman Education Services, 2002
“Technology and Construction,” Stoel Rives LLP, 2001
“Federal Bid Protests,” Lorman Education Services, 2000
“CMGC, Design-Build and Other Alternative Approaches to Construction,” Lorman Education Services, 2000
“State and Local Bid Challenges,” OSB Public Contracting CLE, 2000
“Four Steps to Mastering AIA Form Contracts,” OSB Annual Meeting, 2000
“CMGC, Design-Build and Other Alternative Approaches to Construction,” Law Seminars International, 1999, 2000
“CMGC and Other Exemptions from Competitive Bidding” and ”Oregon Bid Protests and Recent Developments,” Law Seminars International, 1998
“Oregon Construction Law,” American Bar Association CLE sponsored by the ABA Design and Construction Contracts Committee, 1997
“Contractor Licensing and Registration,” Oregon Construction Law CLE, 1997 Edition
“Challenges to Public Contract Award,” Oregon Law Institute, 1997
“Threshold Issues in Public Construction Projects,” Oregon County Counsel Conference, 1997
“Oregon Bid Protest Law,” Law Seminars International, 1997
“High Technology Marketing for Contractors,” AGC Annual Retreat, 1996
“Theories of Liability and Defenses,” The Cambridge Institute, 1994
“The Basics of Bid Disputes,” The Cambridge Institute, 1993
“The Americans with Disabilities Act,” Portland State University, 1993