Darien Loiselle

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Clients are looking for solutions, not problems.

How I represent clients at Schwabe

With several decades of experience as a construction ‎lawyer, I’m proud to have built a comprehensive, ‎solutions-oriented practice and serve as a key leader ‎in Schwabe’s Real Estate and Construction industry ‎group. My clients are owners, general contractors, ‎designers and engineers, specialty contractors, insurers, ‎and maritime interests. As a member of Schwabe since ‎‎1992, I have extensive experience negotiating ‎agreements, solving complex disputes, and ‎representing clients in litigation on major construction ‎and marine projects.‎

A construction-industry authority

My diverse industry experience and big-picture perspective ‎make me an innovative problem-solver for all types of construction ‎issues. Being deeply involved throughout the industry is important to me. I ‎have 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. I often speak to local ‎industry groups 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 an ‎excellent job on our contracting issues.‎”

-Nehalem Marine Manufacturing


“Darien Loiselle is extremely responsive and makes smart decisions.”

-Yorke & Curtis

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.

Education

  • University of Oregon School of Law, Juris Doctor degree, Member of the University of Oregon Law Review (1992)
  • Willamette University, Bachelor of Arts degree, magna cum laude (1987)

Admissions

  • Oregon State Courts
  • Washington State Courts
  • U.S. Court of Appeals - Ninth Circuit
  • U.S. District Court - District of Oregon
  • U.S. District Court - Eastern District of Washington
  • U.S. District Court - Western District of ‎Washington

Awards

  • Lorman Education Services, Distinguished Faculty Badge (2017)
  • Oregon Super Lawyers, Construction Litigation (2017-2021)
  • Best Lawyers in America Award: Construction Law, Construction Litigation (2013-2022)

Services

Outside Interests

Coaching hoops with my daughters, or in a drift boat on an Oregon, Washington or Alaska river.

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