Construction and Design

The health of the construction industry is as obvious as the many cranes dotting U.S. skylines. As the industry addresses renewed demand for urban housing, planned developments, office resources, retail, manufacturing and infrastructure —and struggles with a shortage of experienced workers—there’s heightened priority for a holistic approach: effective construction administration, contract documentation, risk management and avoidance of costly claims. 

Key Contacts

Tamara L. Boeck Partner Sacramento, CA
Eric A. Grasberger Partner Portland, OR
Overview

The Firm’s Construction & Development group provides a broad range of legal services for clients in our core seven states, as well as throughout the country. Our attorneys leverage their legal expertise and extensive experience across the full spectrum of practice areas and are involved in complex development and construction matters at all stages of development.  Regularly teaming with our Real Estate, Corporate and Tax practices, our construction and development attorneys partner with clients in structuring the ownership, development, design, construction and project conclusion necessary to advance a successful project or to protect assets in alternative disputes and litigation.

We are uniquely structured to counsel owners, developers, architects, engineers, contractors, construction managers, subcontractors and suppliers across the development, construction and design discipline in our clients’ various industries.  We understand and appreciate the differing characteristics of public and private construction projects, regularly representing clients throughout North America and abroad, including major public works, infrastructure projects, power and fuel generating facilities, industrial projects, office towers, hotels, resorts and shopping malls, and all categories of residential development.

Our services

  • Project partnering risk management, including entity formation and structures, insurance counseling, contract documentation, course of construction claims through warranty wrap-up and dispute resolution
  • Contract advice, drafting and negotiation, including DBOF, D-B, CMGC, IPD and all industry standard form documents (AIA, ConsensusDocs, DBIA, EJCDC)
  • Public procurement, including exemptions, alternative delivery methods, bid documents, and bid disputes and bid protests (state and federal)
  • Claims based on delay, impacts, design error, estimating and scope disputes
  • Claims based on defects in construction, design, and product manufacturing, compatibility and performance failures
  • Lien and bond claims, including priority disputes involving lenders and competing claimants
  • Financing strategies and transactions
  • Environmental remediation
  • Bankruptcy and insolvency 

We are honored to be recognized nationally as a “Tier-One” firm for Construction Law and Construction Litigation by U.S. News – Best Lawyers® “Best Law Firms“—a significant measure of quality we’ve achieved since the awards were instituted. 

Members of our team have experience working as managers and engineers for leading construction and development companies.  This provides an invaluable business perspective that informs our counsel and provides deep, practical understanding of how complex projects are structured and built. We also actively participate in a variety of construction-related industry associations including AGC, ABC, AIA, , BOMA, CSI, NAPA and ULI.  This involvement keeps us close to our clients and current on issues such as industry trends, delivery methods, contract provisions, financing structures, dispute mitigation measures and regulatory obstacles. We monitor, advocate and lead in legislative actions aimed at strengthening construction and public contracting statutes. 

Transactional and Litigation Mindset

Our team stands out for bringing top-tier talent, proactive thinking and a partnering mentality to our clients. We’ll work with you from concept through completion as we design the contracting structure, arrange financing, advise on tax issues, secure regulatory approvals, negotiate and administer contracts, advise on risk management and mitigation, and fiercely advocate on claims that may arise during or following construction. 

All members of our team have experience in both transactions and litigation, providing a significant advantage to our clients.  On transactions, we think strategically about dispute mitigation or avoidance and common liability pitfalls when developing and negotiating contracts .  When litigating, we know exactly where to look when mining lengthy contracts for favorable provisions that could make our case, and we focus on client goals in each instance to best address the ultimate outcome.

If needed, we offer a deep bench on complex disputes, including claims for changed work, defective work, differing site conditions and delays. We have extensive experience in filing, prosecuting and defending lien and bond claims and in bid protests and other public contracting disputes. Knowing that your goal is to dispose of disputes quickly and effectively, we are proficient at handling claims in mediation, arbitration and through other alternative dispute resolution strategies aimed at reducing costs and improving results.   

The Construction Lien in Washington

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