Overview

From “concept through completion” or “dirt to done,” clients have come to rely on Tami for her pragmatic business approach and over 30 years of experience representing a wide variety of clients in all areas of project development. Tami routinely advises owners, developers, and general contractors, primarily in California, Idaho, and Nevada. Whether it is advising clients regarding development insurance risks and coverage disputes, pre-project and project contracting and risk management (RM) advice relating to project design and development or construction, or dispute resolution in ADR or litigation, she approaches each matter with a focus on the client’s goal and best interests, utilizing a broad range of practical knowledge for her client’s benefit in mitigating disputes or representing clients in litigation where necessary. Tami’s early background representing insurers in coverage claims has also served her policy-holder clients well regarding project protection and in coverage analysis or disputes.

Clients retain Tami for advice on wide-ranging projects, including commercial, all types of residential and mixed-use projects, food processing facilities, as well as construction-related aspects of energy-related developments such as oil and gas, mining, solar, wind, geothermal, biofuel, wastewater treatment, along with other industrial facility development. In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts with RM processes, she handles construction claims and disputes to resolution, through negotiation and mediation to litigation or arbitration. Tami’s advice for clients also encompasses recommendations and handling of significant business conflicts, addressing project delays, disputes over workmanship and performance deficiency claims, as well as those matters involving various state licensing/lien/bond laws, insurance coverage disagreements with insurers, claims involving toxic tort, and product liability. With her depth of experience, Tami is able to assist and protect her clients when a pragmatic business resolution is not available.

Tami previously served for five years as chair of the firm’s Real Estate, Development & Construction group. For many years she also served as a member of Stoel Rives’ Pro Bono Committee and Coaching and Mentoring Committee. Before joining Stoel Rives, Tami was a shareholder for eight years at another West Coast regional law firm. She was also one of the founders of that firm’s California offices and its subsequent Nevada offices and served as shareholder-in-charge of its former primary California office.

Education

University of the Pacific, McGeorge School of Law, J.D., 1993, with distinction

California State University, Fresno, B.S., 1990, cum laude

Admissions

California

Idaho

Nevada

United States District Court, all districts of California

United States District Court for the District of Nevada

United States District Court for the District of Idaho

United States Court of Appeals for the Ninth Circuit

Experience

Construction and Design Contracts/Project Risk Management

  • Advise energy client regarding construction aspects of contract negotiations, course of project disagreements/claims, and dispute resolution.
  • Counsel national investment and management entities, developers, and owners that focus on market rate and affordable multifamily housing in RM strategies and contract negotiations for West Coast and Inter-Mountain West condominium projects. Advice includes insurance coverage for projects, ongoing RM practices for contracts, and project “best practices” for multistate developments.
  • Represented downtown redevelopment mixed use project owner in project insurance coverage, risk management for design and construction project team and entity protection, negotiation of design and construction contracts, project claims and risk decisions related to legal impact of value engineering decisions, as well as post-project manuals and materials for individual buyers and commercial associations.
  • Serving as counsel for high-end custom home builder in the Bay Area, advising as to contracts, RM, claims and dispute handling in unique market segment.
  • Serving as counsel for national general contractors and developers, including providing advice as to RM (internal presentations and training), contracts risks and market concerns, insurance scope and coverages, contract negotiations, and dispute resolution/other ADR.
  • Represented international food processor and provided advice regarding insurance considerations, contract negotiations with design-builder, including flow-down rights and lien protections of owner, as well as RM for the $130M+ improvements to the facility.
  • Representing luxury auto dealership in multistate contract advice and strategies, with compliance in licensing/lien/bond laws.
  • Served as lead counsel for a top 10 condominium developer in multistate right-to-repair claims and litigation, as well as RM strategies and contract compliance under California and Nevada state law. Eliminated potential defect lawsuits for several projects through proactive RM and reduced resolution settlements to at or below fully enrolled $2M OCIPS for 150-300+ unit projects with use of proactive construction practice and warranty programs, and in role as “monitoring” counsel of insurer retained counsel and as personal counsel for owner/developer in coverage disputes. RM reduced insurance industry standard “claim payouts” per unit on client projects on average by 50-75% and insurance premiums by as much as 30% when full program utilized.
  • Represented national developer of multifamily and student housing products in RM strategies, contract modifications and multistate claims and litigation, as well as insurance coverage counseling and representation in coverage disputes securing full policy coverage payout on disputed claims and for unlisted affiliated entities.
  • Regularly advise high-end homeowners regarding individual contracts for new or remodeled homes, insurance, and RM for personal homes and vacation homes.
  • Assist out-of-state owners, developers, product manufacturers and material suppliers regarding California, Nevada and Idaho contracting, licensing and lien laws process and procedures for compliance and programs, as well as insurance risk management advice and proactive claims handling.
  • Represented engineering, mining and geothermal entities in project disputes and lien claims, and best practices for licensing and contracting in multistate practices.
  • Assisted with state-specific construction and lien law/licensing issues in EPC and drilling agreements for mining, wind, solar and geothermal developers.
  • Regularly retained to advise and defend owners, contractors, and suppliers in multimillion-dollar (and smaller) mechanics lien claims and disputes, with proactive advice using “best practices” to mitigate and avoid further disputes.
  • Drafting, reviewing, and negotiating various contracts for construction-related services, including design professional services agreements, construction management agreements, construction services agreements and material procurement agreements.

Bid Protests

  • Represented bidder in Idaho regarding disputed award of Project regarding city ‘bid shopping’ claim.
  • Represented SDVSBO contractor in collection of payments for work regarding contract dispute and delay with VA.
  • Represented awardee in fending off bid protest in Monterey, California infrastructure project.
  • Represented awardee in fending off bid protest in Reno, Nevada infrastructure project.
  • Part of the team that successfully defended awardee-intervenor in GAO and Court of Federal Claims protests to the award of a multiyear services contract.
  • Represented low bidder in California CalTrans bid protest on multimillion-dollar contract.
  • Represented awardee in Idaho against bid protest for IDOT contract.

Insurance Coverage

  • Represented beneficiary of Reps and Warranties Insurance (RWI) on multimillion-dollar claim, securing recovery.
  • Represents project owners and contractors regarding claim evaluation of claims recovery analysis in negotiations, mediation, and settlement/litigation matters.
  • Represented national Ag entity regarding multiple insurance coverage disputes related to multimillion-dollar personal injury claims arising out of independent contractor trucking accidents, including with successful settlement of claims under policies and handling of Cumis-related policy disputes.
  • Represented the owner/developer of biofuel facility by providing insurance coverage advice in litigation dispute allowing successful coverage of claim under subcontractor’s policy.
  • Represented for over a decade the owner/developer entities in insurance disputes and litigation in California under an OCIP/WRAP, securing coverage for clients in multifamily project construction defect litigation on wind-up of entities following Great Recession.
  • Advised mining and construction entity clients regarding licensing and insurance-related issues, including independent contractor requirements and limitations.
  • Advised owners, contractors, and design/build contractors regarding insurance-related issues, including traditional policies, CPLPs, OCIPS CIPS and complex Wraps for high-value projects and multistate projects or where contractor is self-performing a key trade(s).

Litigation

  • Served as counsel for REIT through multimillion-dollar recovery regarding construction defect claims on project purchased from builder/developer, and pursuit of subcontractors/insurers for defects and project renovation, as well as advice relating to RM for investment projects prior to purchase.
  • Aspen Grove Condo. Ass’n v. CNL Income Northstar LLC, 231 Cal. App. 4th 53 (2014). Co-lead trial counsel for a 180-unit condominium development following a 14-day bench trial in 2012, obtained an interlocutory judgment for a mandatory injunction against the upslope developers and successor property owners (Northstar Village) for their poor design and unreasonable development practices caused by the diversion of stormwater at the Northstar Village Resort to an infiltration basin during the $200 million expansion in 2004. Representation also included the successful defense of the appeal in a published decision of the interlocutory judgment in October 2014, and the subsequent litigation and guidance to the client through the continuing damage investigation, recommendations for repair and remediation, and representation in the damage phase of the nuisance/trespass and water diversion litigation through successful seven-figure settlement for client.
  • Served as personal counsel for a developer in multimillion-dollar custom home alleged defect litigation in California and successfully settled for repair costs and contract costs, eliminating all misrepresentation, fraud and claimed statutory violations as well as securing insurance coverage for client.
  • Successfully represented the owner of a biofuel power generator against electrical subcontractor in litigation and resolution of action, including through knowledge of insurance coverage and policy information of EPC contractor and subcontractor.
  • Represented the owner of a windfarm in ongoing end-of-project claims, liens and warranty disputes related to construction completion and quality, including using knowledge of insurance and bond coverage for handling dispute.
  • Substituted as counsel within months of initial trial date to represent Owner against eight lawsuits in state court alleging significant personal injury arising out of Legionnaire’s Disease outbreak discovered at time share towers, including prosecution of claims against national general contractor and subcontractors for substandard work causing the outbreak. Achieved successful resolution of all claims without trial exposure and further adverse press to Owner, which included payment by AIEs and insurers of general contractor and subcontractors for contribution (as well as attorney fees and costs) of over 75%.
  • Substituted as counsel within months of initial trial date to represent a concrete installer against indemnity claims by the general contractor for over 350 homes in a subdivision. Successfully resolved all claims against client for fraction of percentage allocation demanded by general contractor, and exposed general contractor’s defective construction practices which contributed to alleged defects.

Insights

Insights & Presentations

  • Speaker, "Addressing Construction Defect Liability to Expand Homeownership," Terner Center for Housing Innovation and the Land Economics Society (LAI), October 2024
  • “Efforts Expected of a Contractor When Efforts Clauses Are in Dispute,” Daily Journal of Commerce, May 2023
  • “Another Risk Management Tool for Private Owners in a Volatile Market,” Daily Journal of Commerce, March 2022
  • “Three Tips for Owners and Contractors to Improve Success in 2021,” Daily Journal of Commerce, January 2021
  • Speaker, “Insurance Coverage for Contractors In A Nutshell—RM Value Engineered Version,” Construction Financial Management Association (CFMA), Idaho Chapter, Luncheon, January 23, 2020
  • “Plan ahead to handle project challenges that arise in 2020,” Daily Journal of Commerce, January 2020
  • Speaker, “Innovative Technologies Sparks Evolution for Courtroom Demonstratives,” IADC Annual Meeting 2019, Asheville, NC, July 2019
  • “Three basic best practices for construction companies,” Daily Journal of Commerce, January 2019
  • “Challenges of managing multiple project teams,” Daily Journal of Commerce, October 2018
  • Speaker, “Examining Legal Issues and Contract Disputes” and “Handling Ethical Issues in Construction Contracting,” Construction Contract Workshop, HalfMoon Education Inc., Rancho Cordova, CA, April 2018
  • Speaker, “Developer and Contractor Risk Management and Best Practices,” North State BIA Forward Planning Seminar, Sacramento, CA, February 2018
  • “Is ‘as is’ really ‘as is’ in real estate contracts?” Daily Journal of Commerce, October 2017
  • Speaker, “Developer and Contractor Risk Management and Best Practices—Mitigating the Number and Scope of Claims and Losses,” CLSA 2017 International Conference & Induction of Fellows, Rancho Palos Verdes, CA, September 2017
  • Speaker, “Finding the Construction Project Delivery System That’s Right for The Owner and the Project,” Construction Law, HalfMoon Education Inc., Boise, ID, June 2017
  • Moderator, “The Next Generation of Bosses,” UO Alumni - Women in Construction: A Conference to Educate & Empower, Portland, OR, April 2017
  • Speaker, “Developer and Contractor Risk Management and Best Practices,” North State BIA Forward Planning Seminar, Sacramento, CA, February 2017
  • “Solar Energy System Design, Engineering, Construction, and Installation Agreements” (co-author), Chapter 4, The Law of Solar Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Fifth Edition, 2017
  • “Redefining Priorities: Risk Management, Enhanced Quality, and Minimizing Disputes,” Daily Journal of Commerce, October 2016
  • “If You Build It, They Will Come,” Daily Journal of Commerce, January 2015

Recognition

  • Named by Best Lawyers® as Construction Law “Lawyer of the Year,” Sacramento, 2020
  • Included in The Best Lawyers in America® & “Women in the Law” (Construction Law, Litigation—Construction, Real Estate Law), 2010–present
  • Listed in Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™, inaugural edition, 2011
  • Listed in Sacramento Magazine’s Top Lawyers, 2017–2020
  • Listed in Mountain States Super Lawyers® (Construction Litigation), 2007, 2013–2015, 2020–present
  • Listed in Northern California Super Lawyers® (Construction Litigation, Insurance Coverage, General Litigation), 2005, 2015–2018
  • AV Preeminent® Peer Review Rating™ from Martindale-Hubbell
  • Preeminent Judicial Review Rated with Martindale-Hubbell

Affiliations

Professional

  • Litigation Counsel of America, Fellow
  • Construction Lawyers Society of America, President; Fellow; Former Advisory Board Member
  • Idaho Volunteer Lawyers Program, Idaho Volunteer Lawyers Program, and Boise Senior Center, 2010–present
  • Fourth District Pro Bono Committee (Ada County, Idaho), Former Member
  • Stoel Rives Pro Bono Committee, Former Idaho Coordinator and Former Coaching & Mentoring Committee
  • International Association of Defense Counsel, Member, 2004–present; Webinars and Publications, Construction Law and Litigation Committee, Former Vice Chair; Former Chair; Programs and Projects, Former Vice Chair
  • Bar Associations: Sacramento County; California; Washoe County, Nevada; Nevada; and Idaho, Member

Civic

  • Northwest Christian Credit Union, Former Board Member
  • LOVE INC, Treasure Valley (budget counseling for persons of limited means and ‘life skills’ teaching), Former Weekly Volunteer
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