Matthew Berry

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How I represent clients at Schwabe

I help owners, developers, contractors, and design professionals resolve disputes arising from private and public construction projects. As a determined advocate, I work with my clients to develop the right strategies to meet their objectives, utilizing my experience in prosecution and defense for a variety of cases throughout each phase of litigation.

Prior to joining Schwabe, I was a litigator at a boutique Portland law firm, practicing in the areas of construction and design litigation, surety and fidelity litigation, and commercial litigation. I also served as a law clerk, first for the Honorable Michael J. McShane of the United States District Court, District of Oregon, and then for the Honorable Maria M. Cabret of the Supreme Court of the Virgin Islands.

Experience

  • Prevailed on a motion to stay claims against payment bonds exceeding $10 million until administrative resolution occurred under the Contract Disputes Act.
  • Contributed as part of a multi-million-dollar construction dispute to obtain a favorable arbitration award that declared a termination for cause was wrongful and awarded damages for breach of contract and implied warranties.
  • Resolved a water-penetration construction-defect claim through settlement.
  • Negotiated multiple settlement agreements related to subcontractor delay claims exceeding $1 million on behalf of general contractors.
  • Prosecuted commercial and residential lien claims arising from payment disputes.
  • Successfully arbitrated a negligence claim on behalf of a homeowner.

Education

  • University of Washington, Master’s degree, International Studies: Middle East (2012)‎, Juris Doctor degree (2012)‎
  • Gonzaga University, Bachelor of Arts degrees, Economics and Political Science, ‎Business Administration, magna cum laude (2009)‎

Admissions

  • Oregon State Courts
  • Washington State Courts
  • U.S. Bankruptcy Court - District of Oregon
  • U.S. Bankruptcy Court - Eastern District of ‎Washington
  • U.S. District Court - District of Oregon
  • U.S. District Court - Eastern District of Washington
  • U.S. District Court - Western District of ‎Washington

Memberships

  • American Bar Association, member (2019-present)
  • Oregon State Bar Association, member (2013-present)
  • Washington State Bar Association, member (2013-present)

Additional Publications

  • Recent Developments in Fidelity and Surety Law, Co-Editor, Tort Trial and Insurance Practice (TIPS) Law Journal, Spring 2021
  • Aspects of Bankruptcy Law and Practice, Co-Author, Surety, Spring 2021
  • Recent Developments in Fidelity and Surety Law, Co-Editor, TIPS Law Journal, Spring 2020
  • Recent Developments in Fidelity and Surety Law, Co-Author, TIPS Law Journal, Spring 2019
  • Construction Law, Chapter 10: The Surety Relationship and Payment and Performance Bonds, Co-Author, Oregon State Bar Association, Spring 2019

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