Understanding the client’s goals is the first step to a successful outcome.
How I represent clients at Schwabe
With 35 years of experience, I represent clients across the construction industry and in most phases of a project, from the earliest design discussions through construction, closeout and, if disputes arise, negotiating and documenting resolutions or litigating if necessary. I am well-versed in industry-standard construction contract forms, including AIA, DBIA and EJCDC, as well as drafting custom forms for unique projects or trades. My clients span the gamut of owner and industry ventures including private, public and non-profit owners, design professionals, general contractors and subcontractors.
My litigation experience includes both prosecuting and defending breach of contract, negligence, and a variety of construction defect claims in state and federal courts, before judges and juries, or in arbitration. I also represent clients in all manner of government proceedings involving construction including public contracting disputes, permitting, licensing, ADA claims, and disputes before the Construction Contractors Board and professional architect and engineering boards.
Outside of Schwabe, I spent five years as a government in-house lawyer primarily representing municipal utilities and I continue to represent utility interests both for service providers and industry customers.
Experience
- Successfully represented a large investor-owned utility in complex federal litigation over the constitutionality of a city franchise ordinance.
- Briefed and argued Grays Harbor PUD v. Idaho Power Company (9th Cir. 2004), one of the first cases arising from the 2000-2001 West Coast Energy Crises to reach the federal appellate courts, and obtained a favorable remand.
- Advised a large investor-owned utility in ongoing efforts by cities to form municipal utilities and condemn utility facilities.
- Assisted utility clients with regulatory filings before the Federal Energy Regulatory Commission, Oregon Public Utilities Commission, and other regulatory agencies.
- Assisted new large single load (NLSL) customers with power supply options.
- Tried numerous court litigations and administrative contested cases as first chair, including matters before state and federal courts and professional licensing boards such as the Oregon Board of Architect Examiners and the Oregon Electricians Board.
- Drafted and negotiated hundreds of architectural, engineering and construction contracts and subcontracts, including custom forms based on specific client needs and knowledge of AIA design and construction forms.
- Advise design professionals in areas of business organization, including matters of state incorporation and professional licensing and drafting of corporate documents.
Education
- Willamette University, College of Law, Juris Doctor degree, cum laude (1991)
- Warner Pacific College, Bachelor of Arts degree (1986)
Admissions
- U.S. District Court - Northern Mariana Islands
- Oregon State Courts
- Washington State Courts
- U.S. Court of Appeals - Ninth Circuit
- U.S. District Court - District of Oregon
Additional Publications
Building Designs: Are They Works for Hire or Works of Art
Daily Journal of Commerce Oregon, December 22, 2014
Oregon Legislative Updates: Statutes Governing Architects
Daily Journal of Commerce Oregon, August 1, 2013
Perfect a Contract, and Then Follow It
Daily Journal of Commerce Oregon, March 1, 2013
Additional Events
Ethics in Government Contracting
HalfMoon Education, October 2014
Architects and the Law Series
AIA Portland, June 2014
Architects as Master Builders Series
AIA Portland, April 2014
Risky Business: Traps and Pitfalls in the Practice of Architecture
AIA Portland, May 2013
Services
Community Activities
- Reynolds School District, Citizens Oversight Committee, Chair, 2015 Bond Issue for School Construction (2015-present)
- Architecture Foundation of Oregon, Communications Subcommittee, Member (2011-present)
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