Overview

About Mario

Mario Nicholas is a member of Stoel Rives’ Construction and Design group with experience litigating a range of construction disputes and drafting a variety of construction agreements. Mario has trial and arbitration experience and has assisted clients before federal and state courts, domestic and international arbitration panels, and administrative bodies. Mario is licensed in Oregon, Washington, and California.

Before joining Stoel Rives, Mario was an associate at Stewart Sokol & Larkin LLC in Portland, Oregon (2014–2018), and an associate with Valle Makoff LLP in San Francisco, California (2010–2013). Mario previously worked as a summer associate for Oracle Corporation in Redwood Shores, California (2009), and as a judicial extern for the Honorable William Q. Hayes of the U.S. District Court for the Southern District of California in San Diego, California (2008).

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Experience

Experience

Construction Claims/Lien Disputes Litigation

  • Won AAA arbitration as part of two-attorney litigation team after one-week hearing representing general contractor against subcontractor’s change order, delay, and total cost claims for hundreds of thousands of dollars.
  • Represented subcontractor in $30 million+ litigation matter involving delay/impact and total cost (abandonment) claims.
  • Represented owner of luxury condominium project in multimillion-dollar dispute regarding defective work, liquidated damages, and multiple subcontractor liens.
  • Represented owners of multi-use apartment project in multimillion-dollar dispute involving defective work, change order claims, and multiple subcontractor liens.
  • Represented owner of new apartment project in dispute with general contractor involving liquidated damages, defective work, delay and change order claims.
  • Represented prime contractor against subcontractor’s delay and change order claims regarding commercial facility.

Construction Defects Litigation

  • Represented national nonprofit organization in construction defect matter against construction and design teams involving structural defects to large store and warehouse.
  • Represented contractor/developer of high-end home in construction defect litigation.
  • Represented homeowners regarding million-dollar construction defect litigation regarding newly constructed, high-end home.
  • Represented homeowners regarding multimillion-dollar construction defect litigation regarding renovated 1920s two-unit condominium.
  • Defended mechanical engineer against million-dollar design defect claims regarding hospital remodel.

Contracts

  • Drafted and negotiated numerous types of AIA contract forms on behalf of Owners/Developers and Contractors on apartment buildings, wineries, condominiums, and other commercial projects.
  • Prepared manuscript EPC Agreement on behalf of Owner for $35 million alternative energy facility.
  • Drafted and negotiated DBIA Design-Build Agreement for $70 million proprietary biomass-to-energy facility.
  • Prepared architect agreement for public entity courthouse project.

Public Contracting Disputes and Litigation

  • Represented large underground piping contractor in bid protest in Oregon.
  • Represented prime contractor in bid protest in Oregon.

Experience Gained Prior to Joining Stoel Rives

  • Drafted briefing, managed discovery, and assisted with two-day international arbitration hearing in multi-hundred-million-dollar construction dispute on behalf of surety clients.
  • Drafted briefing in successful interlocutory appeal to the Ninth Circuit regarding enforcement of arbitration agreement in EPC contract, resulting in a published decision.
  • Defended manufacturer in three-week jury trial filed by subcontractor by examining lay and expert witnesses, arguing motions, and advancing successful counterclaim for breach of contract.
  • Achieved favorable settlement on behalf of defendant engineering firm in million-dollar construction dispute after independently handling all depositions, document discovery, motion practice, and mediation.
  • Managed all aspects of complex construction arbitration to successful resolution on behalf of subcontractor advancing million-dollar claim against general contractor and large manufacturing corporation.
  • Successfully defended architect from defective design claims on state university athletic facility project.
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Honors

Honors & Activities

Professional Honors and Activities

  • Member of practice group nationally ranked Tier 1 for Construction Law, 2010–2020 | Construction Litigation, 2015–2020, by U.S. News – Best Lawyers®Best Law Firms
  • Listed among Rising Stars (Business Litigation), Oregon Super Lawyers®, 2017–2020
  • Member, Associated General Contractors, Oregon-Columbia Chapter
  • Member, Multnomah Bar Association
  • Member, Oregon Hispanic Bar Association (OHBA)

Civic Activities

  • Committee Member, LEAP Wilderness Programs
  • Stoel Rives LLP Pro Bono Night Clinic
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Insights & Presentations

Insights & Presentations

  • “Navigating COVID-19 Part I: Executing Contracts in the Time of COVID-19,” AGC Oregon-Columbia Chapter, 2020
  • “When to Prepare for Project Disputes? Always.” Daily Journal of Commerce, June 19, 2020
  • “Unique Issues for Engineers to Consider in EPC Agreements and Subconsultant Agreements,” Engineering Law Seminar, HalfMoon Education, Portland, Oregon, 2020
  • “Recession warnings piling up: a harbinger of liens?,” Daily Journal of Commerce, Sept. 19, 2019
  • “Managing the Risk in CMAR Contracts: Guidance for Owners, Contractors and Subs,” Webinar, Strafford, 2019
  • “The Latest Trends, Threats and Solutions in the Construction Defect World,” 24th Annual Oregon Construction Law, The Seminar Group, Portland, OR, 2019
  • “Do We Have To? Arbitrating the Complex Surety Case,” American Bar Association, Fidelity & Surety Law Committee, Santa Fe, NM, 2018
  • “Arbitrating the Complex Surety Case” (coauthor), Managing and Litigating the Complex Surety Case, ABA Book Publishing, 2018
  • “Expert Witnesses,” Oregon Claims Adjusters Association, Portland, OR, 2017



Related News & Publications


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