Industry focus
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
- Willamette University, Bachelor of Arts degree, magna cum laude (1987)
- University of Oregon, School of Law, Juris Doctor degree, Member of the University of Oregon Law Review (1992)
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)
- Selected to the Oregon Super Lawyers List, Construction Litigation (2017-2021)
- Recognized by The Best Lawyers in America®, Construction Law, Construction Litigation (2013-2024)
Services
Outside Interests
Coaching hoops with my daughters, or in a drift boat on an Oregon, Washington or Alaska river.
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