Construction

Description: blueprint

My construction law practice includes virtually any matter involved with the construction, renovation or repair of buildings or improvements to land. Past and present clients include residential and commercial property owners, general contractors, subcontractors, design professionals, suppliers of material and rental equipment, and product manufacturers.

Some examples of matters within my practice include:

Construction Defect Claims Through Court or Arbitration. 

Assist property owners to comply with Oregon’s pre-litigation statutes and other practical notice requirements; if appropriate, assist with involving insurance carriers; provide practical legal advice for evaluating defects and making cost effective decisions; file and pursue litigation or arbitration to collect costs of repair and other related damages. Assist construction professionals to evaluate and resolve construction performance disputes.

 

Construction Lien, Bond and Payment Claims. 

Extensive experience preparing and filing Oregon construction liens (known in other states as Mechanic’s Liens), Oregon Little Miller Act surety bond claims, Federal Miller Act surety bond claims, private surety bonds, and Oregon licensure bond claims. Over my career, I have prepared and recorded well over a hundred Oregon lien claims (ranging in amounts from several hundred to several million dollars) and helped owners and contractors successfully mitigate or defeat such claims. I regularly pursue collection claims in court and arbitration to recover debts associated with construction, whether they are open account claims or recovery of damages.

 

Drafting or Negotiating Construction Documents. 

Draft or negotiate agreements associated with small residential projects (where insuring compliance with Oregon’s consumer contracting requirements may be critical) to sophisticated, multi-stage private commercial and public projects.

 

Compliance with Contractor Licensing and Public Contracting Requirements. 

Includes compliance with the statutes and regulations of the Oregon Construction Contractor’s Board and Landscape Contractor’s Boards; the Oregon Public Contracting Code; and Federal Acquisition Regulations.

 

Bid Disputes and Claims for Additional Compensation Due to Changes, Delay or Project Work Impact. 

Includes acting as an attorney for parties in the dispute, as well as an independent arbitrator who decides the outcome.

 

Claims Process and Other Matters Arising from Oregon State Regulatory Boards 

Includes the Oregon Construction Contractor’s Board (“CCB”), Oregon Landscape Contractor’s Board (“LCB”) and other regulatory boards. Extensive experience assisting homeowners and small contractors pursue or defend claims through the CCB or LCB process. I regularly advise and assist contractors regarding licensure non-renewal or refusal.

 

Impact of Bankruptcy. 

Includes explaining impact of bankruptcy on construction process and the ability to collect construction debts, particularly those debts that may be secured by a construction lien or asserted against a payment bond.

 

CONTACTS

Douglas Gallagher, Attorney

Alice McCoy, Legal Assistant

245 West 5th Avenue
Eugene, OR 97401
Phone: 541-357-4021
Fax: 541-357-4029
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