Construction

 

Tarlow Naito & Summers, LLP is highly qualified in all aspects of construction contract drafting and administration, both for private and public projects.  Our attorneys also have significant experience in resolution of construction scheduling and payment disputes, as well as collection actions involving liens and foreclosure lawsuits.   Art Tarlow practiced construction law in Portland and around the country for more than 40 years.  Brent Summers supported Mr. Tarlow’s extensive construction law practice since 1994 and developed his own dynamic construction practice over the past 25 years.  Steve Naito turned into a construction lawyer out of necessity over the last 10 years, representing his own development entities in construction contract negotiations and litigation.  Alex Naito spent a majority of his first six years in practice on the construction team at Miller Nash Graham & Dunn, where he represented owners and general contractors in all types of construction-related disputes.

We regularly represented owners and lenders, general contractors, subcontractors and trade suppliers involved in all aspects of construction projects, including public works projects, from the contracting stage through construction claims and dispute resolution. The firm has been responsible for reviewing and drafting construction contracts and construction loan documentation for hundreds of projects.

On the transactional side, we regularly advises owners at the beginning of a development on setting up the proper ownership structure for specific projects, such as LLC, partnership or other entities.  Our attorneys understand the risk allocation under all types of delivery methods (fixed-fee and GMP, CM/GC, IPD, etc.) and advise clients on the best approach for their projects.  Our attorneys also have significant experience representing owners, architects, general contractors, and subcontractors during contract negotiations.  During the project, our team helps clients navigate changed conditions and properly document agreements in real time to avoid future disputes.

On the litigation side, we have represented building owners, contractors, subcontractors and trade suppliers in numerous construction-related disputes, including changed conditions, delays, and scope disputes.  Our attorneys are well versed in Oregon’s construction lien law and public works bond law, and regularly prosecute and defend construction lien claims, bond claims and suits, and lien foreclosure actions.  In construction defect litigation, we represent owners bringing claims against designers, contractors, subcontractors, and suppliers, and their insurance companies.  We also represent our general contractor and subcontractor clients as coverage counsel in defect litigation when insurers fail to provide a defense or indemnity.  We have tried several construction cases to conclusion in arbitration and in court, many over multiple days, however, our paramount goal is always to attempt to favorably settle matters in litigation through either direct negotiation or mediation.

 

OUR CLIENTS

  • General contractors, specialty subcontractors, and suppliers
  • Architects and engineers and other design professionals
  • Government project owners, including school districts, and government contractors

REPRESENTATIVE EXPERIENCE

  • We have reviewed and revised contract document templates, terms and conditions and rules for two large public contracting entities
  • We have reviewed hundreds of proposed general contracts, subcontracts and consulting agreements for construction projects. We have done so on behalf of both public and private owners, design professionals, general contractors, subcontractors, trade suppliers and consultants.
  • We have also reviewed and prepared succession planning documents and shareholder and partnership agreements for companies in the construction industry.
  • We have prepared several joint venture agreements for construction companies for the bidding and prosecution of work together.
  • Represented hotel developer in claims against general contractor for breach of contract, involving termination for cause, liquidated damages for delays, and construction defects.  Litigated matter through three week arbitration, resulting in award against contractor.
  • Represented property owner in action involving significant damage to roofing system of energy efficient building.  Advised client throughout the repair of the entire roof at a cost of over $3 million to preserve all potential claims.  Litigated claims against contractor, subcontractor, and supplier, resulting in settlement of over 85 percent of all repair costs.
  • Represented school district against claim by contractor for additional compensation resulting from alleged delays. Negotiated favorable settlement through mediation.
  • Represented general contractor against payment claim by subcontractor based on disputed back charges for property damage. Negotiating favorable settlement and satisfaction of lien.
  • Defended hydroelectric turbine manufacturer against claims for defective product and resulting delay.  Conducted two-day judicial settlement conference in federal court, resulting in favorable settlement for the client.
  • Defended manufacturer of concrete patching repair compound against claims for defective product, indemnity, and breach of warranties. Successfully dismissed seven out of eight claims and, ultimately, negotiated a favorable settlement for the client.
  • Defended property owner against claims by specialty contractor. Obtained complete dismissal of contractor’s claims for unpaid invoices in excess of $300,000.
  • Settled a Miller Act bond claim for an unpaid subcontractor via direct negotiation with the lawyer for the general contractor and the bonding company.
  • Settled in mediation a Miller Act bond claim for a design professional that was unpaid on a culvert and bridge project.
  • Settled a large claim for a general contractor against a piping supplier and installer after obtaining summary judgment in the underlying lien foreclosure case.
  • Settled an air-rights case in mediation for a general contractor against the owner who asserted the claim.
  • Settled numerous claims of construction lien (including both unpaid contract claims and impact claims) for several subcontractor clients, both through direct negotiation before and after filing the lien foreclosure case and in mediations.
  • Settled a subcontractor’s $500,000 claim in arbitration.  Assisted with the settlement of another large claim for the same subcontractor without filing for arbitration.
  • Settled a claim by a general contractor against a mechanical tool supplier following the failure of tools in direct negation.
  • Resolved a general contractor’s claim against insurance company for tools lost in a fire in mediation after defeating the insurance company’s motion for summary judgment.