Darien S. Loiselle
Overview
Over several decades as a construction lawyer, Darien Loiselle has built a comprehensive, solutions-oriented practice as a key leader in Schwabe’s Real Estate and Construction industry group. His clients include owners, general contractors, designers and engineers, specialty contractors, insurers and maritime interests. A member of Schwabe since 1992, Darien has extensive experience negotiating agreements, solving complex disputes and representing clients in litigation on major construction and marine projects.
A construction-industry authority
Darien’s diverse industry experience and big-picture perspective make him an innovative problem-solver for all types of construction issues. Respected throughout the industry, he has served as general counsel to the Columbia River Chapter of Associated General Contractors (AGC), chair of the Maritime Commerce Club, a member of AGC’s Foundation Board, counsel to Associated Builders and Contractors, and chair of the Construction and Maritime Sections of the Oregon State Bar. Darien is a sought-after presenter on construction-related issues.
Testimonials
"I choose Schwabe when we have a high concern over a matter and want the best possible representation. A lot of this is because the handling of a major case for us almost 40 years ago when I saw firsthand the Schwabe machine in action. In recent years, Darien Loiselle has done a excellent job on our contracting issues."
-Nehalem Marine Manufacturing
"Darien Loiselle is extremely responsive and makes smart decisions."
-Yorke & Curtis
Experience
Experience
Construction Defect Litigation
- Represented developer, general contractor and designer on a creative joint defense arrangement to mitigate costs and create a practical solution to a series of complex defect questions. (McKenzie Lofts Homeowners Association)
- Defended and resolved claims involving one of the largest construction defect projects in Oregon and over 20 represented parties. (Trendwest Seaside Vacation Resort)
- Defended and resolved claims against developer (and others) involving challenging responsibility and coverage determinations. (Irvington Place Homeowners Association)
Construction Delay/Impact Claims
- Successfully tried delay and impact claims for commercial general contractor against school district on three contemporaneous projects. (Batzer Inc. v. Jackson County School District)
- Tried and resolved claims for general contractor against owner involving substantial extended general conditions. (Howard S. Wright v. Santiam Memorial Hospital)
- Prosecuted and resolved delay and impact claims for commercial general contractor against school district and successfully defended claims by subcontractors. (Thompson Construction v. Ashland School District)
- Won multi-million dollar verdict against city on wastewater treatment facility. (Big River Construction v. City of Tillamook)
Lien/Bond/Payment Disputes
- Filed and resolved successfully seven-figure lien on financially distressed development in downtown Portland. (Benson Industries v. Opus One)
- Defended surety through Oregon Supreme Court on multi-million dollar wage claim against public works bond. (Acstar Insurance v. North Marion School District)
- Pursued and resolved lien claims on major hotel renovation and negotiated and resolved subcontractor lien claims. (Howard S. Wright v. Hilton Hotels)
- Filed and collected on multi-million dollar construction lien on distressed restaurant development project. (Western Construction v. Greg's Grill)
Prevailing Wage Defense
- Defended numerous contractors on prevailing wage claims.
Client Results
- October 30, 2020
Memberships & Awards
Awards
- Lorman Education Services, Distinguished Faculty Badge (2017)
- Oregon Super Lawyers, Construction Litigation (2017-2021)
- Best Lawyers in America Award: Construction Law, Construction Litigation (2013-2023)
Resources & Ideas
News
- The AstorianMay 27, 2022
- Portland Business JournalPortland Business Journal, May 31, 2018
- Tillamook Headlight Herald, November 7, 2016
- DJC Oregon, November 3, 2016
Seminars & Speaking Engagements
- Oregon State Bar Construction CLEOctober 8, 2021
- DJC Oregon Builder Breakfast Series: Securing Work and Getting the Job Done During a Global PandemicApril 30, 2020
- MTC Lunch SeriesIndependent Electrical Contractors (IEC) of OregonFebruary 13, 2020
- Lorman SeminarWebinar, July 18, 2016
Publications
- Daily Journal of Commerce OregonMay 14, 2021
- March 26, 2020
- March 25, 2020
- March 20, 2020
- Daily Journal of Commerce OregonMarch 13, 2020
- January 24, 2019
- January 24, 2018
- Daily Journal of Commerce Oregon, January 24, 2017
- October 28, 2015
Services
Services
Education
- University of Oregon School of LawJuris Doctor degree, Member of the University of Oregon Law Review (1992)
- Willamette UniversityBachelor of Arts degree, magna cum laude (1987)
Admissions
Oregon State Courts
Washington State Courts
United States Court of Appeals, Ninth Circuit
United States District Court, District of Oregon
United States District Court, Eastern District of Washington
United States District Court, Western District of Washington
Outside The Office
- Coaching hoops with my daughters, or in a drift boat on an Oregon, Washington or Alaska river.