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Construction‎

Overview

Working intensely to meet unprecedented demand, construction in the Pacific Northwest faces pressure to build higher, closer—and at less cost. We help you build smart and prevent project disruptions. Our one-call, one-stop industry counsel clears obstacles and tames risks on the path to completion.

How we serve construction leaders

Construction in the Pacific Northwest is known for its energy, innovation—and steep price tags. We are counsel of choice for our region’s unique breed of contractors, subcontractors, property managers, owners, engineers, and design professionals.

Schwabe’s industry team collaborates like a top-performing, right-sized crew to help keep projects on schedule and competitive‎. Whether you need a contract reviewed, a new employee handbook, counsel on organized labor relations, advice on safety issues, help resolving disputes, or support with business succession planning, a single call connects you to the resources to get it done.

Mastering the complexities of project planning and administration

Our broad perspective adds value by preventing claims before a single crane arrives on site. We understand the impact that project delivery methods and project management have on successful outcomes.

Efficient dispute resolution

We don’t like claims or litigation any more than you do. But when necessary, our veteran trial lawyers act decisively and effectively in the claims environment. We’ve handled every type of construction dispute, including:

  • Bid protests
  • Breach of contract
  • Contract termination
  • Design professional liability
  • Employment claims
  • Mechanic’s liens
  • Payment disputes

Committed to the construction industry

We immerse ourselves in the commercial realities and future of construction. You could even call us building geeks—we’re always excited to visit a site and see clients in action. This firsthand knowledge helps us connect players across the region and spark solutions.

Schwabe’s industry leadership provides platforms for promoting education and advocacy. We have served as general counsel to several leading organizations and are active participants in the following:

  • Associated Builders and Contractors (ABC)
  • Associated General Contractors (AGC)
  • National Association of Women in Construction (NAWIC)
  • Southwest Washington Contractors Association (SWCA)

Experience

  • Litigated and successfully resolved a multi-party, multi-jurisdictional, multi-million-dollar Washington public works construction dispute ‎to ‎recover a prime contractor’s ‎damages for breach of contract and ‎breach ‎of warranty.  ‎
  • Prevailed on three multi-million-dollar bid protests before the Government Accountability Office on federal ‎procurements in Washington, ‎Texas, and Nevada for the same prime ‎contractor in a two-month period.‎‎
  • ‎Successfully tried a complex, multi-million-dollar wastewater treatment dispute on behalf of a prime contractor, where the city was the owner of the project and most of the jurors were ratepayers.‎
  • Litigated and resolved an eight-figure claim for a county against a ‎contractor on a cross-country natural ‎gas pipeline project.
  • Successfully resolved a False Claims Act lawsuit in a highway contractor’s favor after defeating the claimant in U.S. district court and again at the Ninth Circuit Court of Appeals.
  • Defended and resolved claims ‎involving one of the largest ‎construction defect projects in ‎Oregon and more than ‎‎20 represented parties.‎
  • ‎Obtained summary judgment dismissing all claims against a ‎nationwide ‎manufacturer of EIFS ‎systems on a statute of limitations ‎defense. The plaintiff ‎dismissed the case on appeal. ‎
  • ‎‎Negotiated recovery of repair and replacement costs for our ‎client, a ‎national social service charity, ‎from the general contractor, ‎flooring ‎manufacturer, and flooring installation contractor after the failure ‎of an ‎engineered ‎sports court floor in a regional recreational facility in Idaho.  ‎
  • ‎Successfully defended a mid-sized residential contractor in a breach ‎of ‎contract dispute brought ‎by the owner of a multi-family construction project, ‎who ‎was claiming more than $5.2 million in ‎delay and construction ‎defect ‎damages (private arbitration 2012)‎.
  • ‎Represented a national major construction contractor in ‎successfully ‎appealing the issuance of state ‎occupational safety and health ‎citations ‎based on serious injury incidents.‎
  • Litigated and successfully resolved a differing site conditions claim relating to a U.S. Department of Veterans Affairs project in Southern California.
  • ‎Obtained a six-figure recovery for a specialty marine construction client ‎after dangerous ‎flood ‎conditions disrupted a major Portland bridge ‎construction project ‎necessitating emergency ‎disaster mitigation and ‎marine salvage procedures.‎
  • Successfully defended a general contractor against a subcontractor’s claims through ‎successful assertion of ‎the claims bar established by Oregon’s contractor ‎licensing statute, including prevailing on appeal at the Ninth Circuit Court of Appeals.   ‎

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17 women attorneys
Industry group covers 28 services in 7 locations
 

Integrated services for construction clients

  • Bid protests
  • Breach of contract
  • Contract drafting and negotiation
  • Corporate formation and governance
  • Employment and organized labor
  • Environmental compliance
  • Financing
  • Joint ventures and M&A
  • Lien recording and resolution
  • Litigation
  • Marine construction
  • OSHA and safety issues
  • Public works
  • Succession and business planning
  • Tax planning and incentives