Tamara L. Boeck

Tamara L. Boeck

Partner
Sacramento, CA
Boise, ID
Overview

About Tami

From "concept through completion" or "dirt to done," clients have come to rely on Tami for her pragmatic business approach and 23 years of experience representing a wide variety of clients in all areas of project development.  Whether it is advising clients regarding development insurance risks and coverage disputes, pre-project and project contracting risk management (RM) advice relating to project development, 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 coverage disputes. 

She routinely advises owners, developers and general contractors primarily in California, Idaho and Nevada. Tami works with clients on a wide range of projects including commercial, residential and mixed-use projects, as well as construction-related aspects of oil and gas, mining, food processing, solar, wind, geothermal, biofuel, wastewater treatment and other industrial facilities. In addition to counseling her clients on ways to avoid protracted litigation through thoughtful negotiations and effective contracts, she handles construction disputes from mediation through litigation or  arbitration, which often encompass significant business conflicts, project delay, workmanship and performance deficiency claims, as well as those matters involving lien laws, insurance coverage disagreements with insurers, claims involving toxic tort, product liability and catastrophic injuries. With  her depth of experience, she is able to assist and protect her clients in arbitration or trial when a pragmatic business resolution is not available.

Tami presently serves as Chair of the firm’s Real Estate and Construction Development Group, and is 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, its subsequent Nevada offices, and served as Shareholder-in-Charge of that firm’s former primary California  office.

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Experience

Experience

Construction and Design Contracts/Project Risk Management

  • Counseling national investment and management entity that focuses on market rate and affordable multi-family 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 multi-state developments.
  • Representing 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.
  • Served as lead counsel for a top 10 condominium developer in multi-state right-to-repair claims and litigation, as well as RM strategies and contract compliance under California and Nevada state law. Eliminating potential defect lawsuits for several projects through proactive RM, and reducing 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 multi-family and student housing products in RM strategies, contract modifications and multi-state 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.
  • Represented mining entity in drafting RFPs and process, contracting and construction related aspects of new multimillion dollar mining venture.
  • Assisting 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 multi-state practices.
  • Personal counsel for an exclusive high-end custom home builder in California, including assisting with licensing and business advice, drafting contracts, establishing RM process and protocol, handling course of negotiation/construction and warranty matters. Advice also includes construction and right-to-repair claim processes, and insurance claims/disputes under traditional policies, as well as OCIPS, CIPS and Wraps.
  • Draft construction agreements for a shaft retrofit for gold and silver mine owner/developer, and related contracts for services. Advice included ongoing contract drafting for entity, as well as insurance and lien avoidance advice.
  • Drafted construction installation agreements for solar installers in California, and represented solar manufacturers in claim investigation and litigation in Nevada as well as insurance coverage advice and representation with insurer.
  • Assisted with state-specific construction and lien law/licensing issues in EPC and drilling agreements for mining, wind, solar and geothermal developers.
  • Drafted design-build-operate-finance (DBOF) contract for a multimillion-dollar wastewater treatment plant under the California IFA.
  • Defended owners and suppliers in multimillion-dollar mechanics lien claims and disputes, 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

  • Representing SDVSBO contractor in contract dispute 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 multi-year 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

  • Representing manufacturer regarding personal insurance coverage advice in litigation under SIR on potentially disputed claim.
  • 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 the owner/developer entities in insurance disputes and litigation in California under an OCIP/WRAP, securing coverage for clients in multi-family project construction defect litigation.
  • Represented the developers in coverage evaluation and claims in wrongful death allegation from California project, securing coverage for all entities.
  • Advising mining and construction entity clients regarding licensing and insurance-related issues, including independent contractor requirements and limitations.
  • Advising design/build contractors regarding insurance-related issues, including traditional policies, CPLPs, OCIPS CIPS and Wraps for multi-state projects.

Litigation

  • Aspen Grove Condo. Ass’n v. CNL Income Northstar LLC231 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.
  • Representing 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.
  • Successfully represented an international government contractor and its surety in multi-state Miller Act/contract dispute actions in federal court and arbitration.
  • 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.
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Honors

Honors & Activities

  • Included in The Best Lawyers in America© (currently: Construction Law), 2010-2018
  • Listed in Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™, inaugural edition, 2011
  • Listed in Sacramento Magazine's Top Lawyers, 2017
  • Listed in Mountain States Super Lawyers® (Construction Litigation), 2007, 2013-2015
  • Listed in Northern California Super Lawyers® (Construction Litigation, Insurance Coverage, General Litigation), 2005, 2015-2017
  • AV Preeminent Peer Review Rated with Martindale-Hubbell®
  • Fellow, Advisory Board Member, Construction Lawyers Society of America
  • Fellow, Litigation Council of America, 2013-2016
  • Idaho Volunteer Lawyers Program, Idaho Volunteer Lawyers Program, and Boise Senior Center, 2010-present
  • Member, Fourth District Pro Bono Committee (Ada County, Idaho)
  • Idaho Coordinator, Stoel Rives Pro Bono Committee and Coaching & Mentoring Committee
  • Weekly volunteer, LOVE INC, Treasure Valley (budget counseling for persons of limited means and teaching)
  • Member of practice group nationally ranked Tier 1 for Construction Law, 2010-2018 | Construction Litigation, 2015-2018, by U.S. News – Best Lawyers®Best Law Firms
  • Vice-chair, Webinars and Publications, Construction Law and Litigation Committee, 2011-2016; Chair, 2008-2009; vice chair, Programs and Projects, 2006-2008, International Association of Defense Counsel
  • Idaho Association of Defense Counsel
  • Board member, Sacramento Area Emergency Housing Commission, 2005-2008
  • Secretary/Treasurer, El Dorado Hills Area Planning Advisory Committee, 1999-2004
  • Sacramento County Bar Association
  • California Bar Association
  • Clark County (Nevada) Bar Association
  • Washoe County (Nevada) Bar Association
  • Nevada Bar Association
  • Idaho Bar Association
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Insights & Presentations

Insights & Presentations

  • “Is ‘as is’ really ‘as is’ in real estate contracts?,” Daily Journal of Commerce, Oct. 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, Calif., Sept. 2017 
  • Speaker, “Finding the Construction Project Delivery System That’s Right for The Owner and the Project,” Construction Law, HalfMoon Education Inc., Boise, Idaho, June 2017 
  • Moderator, “The Next Generation of Bosses,” UO Alumni - Women in Construction: A Conference to Educate & Empower, Portland, Ore., April 2017
  • Speaker, “Developer and Contractor Risk Management and Best Practices,” North State BIA Forward Planning Seminar, Sacramento, Calif., Feb. 2017
  • “Redefining Priorities: Risk Management, Enhanced Quality, and Minimizing Disputes,” Daily Journal of Commerce, Oct. 2016
  • “If You Build It, They Will Come,” Daily Journal of Commerce, Jan. 2015
  • “Take Time With Four ‘Standard’ Contract Terms,” Daily Journal of Commerce, Jan. 2014
  • Speaker, “Construction Contracts: Crafting Insurance and Indemnification Clauses” CLE webinar on June 14, 2011 and Aug. 25, 2010, Strafford Publications



Related News & Publications

The Law of Solar - 9/15/2017

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