Ned Perry

Ned Perry

Retired Partner/Inactive

503.802.2026

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Services & Industries

Education

J.D., University of Oregon School of Law, 1984, Order of the Coif

BA., University of Washington, 1979

Bar & Court Admissions

Oregon State Bar (Inactive)
Washington State Bar (Inactive)
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, District of Oregon
U.S. District Court, Districts of Western and Eastern Washington

Ned joined the firm in 1984 and was a partner from 1991 until retiring at the end of 2019. His litigation practice emphasized complex real property, contract, and construction disputes.

Representative Matters

Defended Utility from Construction Lien Claim

Obtained favorable ruling dismissing $3.5 million claim brought under construction lien and unjust enrichment legal theories following bench trial.

Condominium Project Representation

Represented the purchaser of a troubled green condominium project in North Portland. This Multnomah County Circuit Court case involved over 20 parties, including the architect, general contractor, subcontractors and suppliers. The building, although brand new, experienced significant construction defects, including a prematurely failed roof and acoustic separation issues. The case was ultimately settled following a series of joint expert investigations and a comprehensive mediation process.

City of Hermiston v. LGW Ranch, Inc.

Represented LGW Ranch, Inc., a cattle ranching operation, in a condemnation proceeding involving diversion of treated municipal wastewater. The matter was resolved through a negotiated agreement favorable to our client.

Bid Protest Representation

Successful bid protest against proposed contract award to competing bidder, based on unfairness of procedure.

Beardsley v. Weiner

Represented Fountain Village Development, which owns a portfolio of historic buildings in downtown Portland, in bankruptcy proceedings that included a dispute over who owned the rights to revenue from advertising on what had been a common wall on one of the company's properties.

Homeowners Association Representation

Representation of a homeowners association in legal proceedings against its general contractor arising out of a complex and protracted contract close-out process. Settled on favorable terms.

Condemnation Proceeding Representation

Represented the building owner in a condemnation proceeding involving a warehouse in Portland which is in the path of a new light rail line under construction. The client claimed that the condemning authority's offer of $1.2 million for the warehouse undervalued the property. The matter was resolved through a negotiated settlement favorable to our client.

Property Developer Representation - Breach of Commercial Lease

Represented property developer in an action against its anchor tenant, after the tenant defaulted on a substantial lease which has provided the basis for $25 million in building renovation financing. The matter settled shortly before trial for a substantial recovery. In related cases, we defended the owner against numerous construction lien claims and the lender's foreclosure proceeding.

Building Product Manufacturer Representation

Represented a building product manufacturer for over 20 years, including playing an oversight role in its defense of numerous construction defect claims and related insurance coverage issues arising out of its hardboard siding product.

​Aloha Lumber

Represented landowner in arbitration with general contractor over defective road construction

​Amberhill Properties

Obtained specific performance of complex real estate transaction following federal court trial.

​Breakers Point Homeowners Association

Represented HOA in construction contract arbitration.

​Brockamp & Jaeger

Regularly represents large general construction contractor.

​Clackamas Corners

Defended property owner in Tri-Met condemnation action, resulting in favorable settlement.

​Construction Management Services

Obtained substantial arbitration award for general contractor following owner's termination of large project.

​Fairmount Financial

Represented warehouse owner in defending TriMet condemnation proceedings.

​Fountain Village Development

Represented property owner in litigation over historical origins and current rights to remnant building wall.

​Galvanizers

Defended galvanizing supplier in state court litigation arising out of defective highway bridge parts, resulting in favorable mediated settlement.

​Gorge Leasing

Represented commercial landlord in federal court case regarding dispute over rental rate applicable to renewal lease term.

​JBO Properties

Obtained judicial dissolution of deadlocked real estate limited liability company following bench trial.

​JSH Farms

Represented tenant farmer in agricultural lease dispute, and obtained $1.6 million arbitration award in dispute over reimbursement for capital improvements.

​LGW Ranch

Represented ranch owner in condemnation proceedings brought by municipality for waste water pipeline, and obtained highly favorable settlement.

​Lower East Burnside, LLC

Represented developer in litigation against anchor tenant for breach of lease and obtained substantial settlement.

​Metro Metals Northwest

Represented employer in obtaining injunctive relief against former employee to freeze embezzled funds.

​Mississippi Avenue Lofts

Represented developer in complex, multi-party construction defect litigation and obtained substantial settlement through mediation.

​Pacific Ethanol

Represented major ethanol refiner in construction and contract disputes.

​Snyder

Represented Washington property owner in defending easement claim based on 1933 deed.

​Stimson Lumber

Regularly represent large forest products company in real estate, construction and contract matters.

Construction Arbitration

Successful five-day arbitration to recover damages for defective road construction.

Tonkon Torp Attorney Honored for Pro Bono Work

Edwin (Ned) C. Perry, chair of Tonkon Torp’s Litigation Department, recently was honored by the Gresham Area Chamber of Commerce for his pro bono work with Human Solutions, Inc.

Giving Infants and Toddlers an Early Head Start

When Albina Head Start, Inc. received a significant grant award to expand the agency’s services, its management called on Tonkon Torp to help address many legal and business issues.

Amberhill Wins Real Estate Financing Dispute

When friends encouraged our client to invest in an environmentally progressive mixed-use residential and retail development in the city of Fairview, east of Portland, no one anticipated any problems. But when the deal went sour, Amberhill turned to Tonkon Torp for help.

Tonkon Torp Secures Favorable Ruling for the Heathman Hotel

Tonkon Torp was hired by the Heathman Hotel in 2015 with the goal of gaining a swift resolution to a dispute regarding McCormick & Schmick’s lease renewal terms. Find details and more featured cases here.

Tonkon Torp Stays the Course in the Mississippi Avenue Lofts Project

The process to acquire, complete and sell the Mississippi Avenue Lofts involved a broad range of legal transactions from Tonkon Torp, including a funding round, multi-party loan and purchasing agreements, litigation and a final sale. Find the details and more featured cases here.

Albina Head Start Turns on First Solar-Powered Building with Assist from Tonkon Torp

When Albina Head Start learned it was awarded a Blue Sky Fund grant to install a rooftop solar array on one of its buildings, it turned to its long-time pro bono legal partner, Tonkon Torp. The nonprofit organization knew that it would need legal guidance to ensure that it could meet the terms laid out in the grant’s detailed and binding Memo of Understanding.

Community Involvement & Activities

Portland YouthBuilders
Former Board Member

Human Solutions, Inc.
Former Board Member

Oregon State Bar
Business Litigation Section, Past Chair


Professional Memberships

Multnomah Bar Association
Former Member

Oregon State Bar
Former Member of Business Litigation, Construction Law, Litigation, and Real Estate & Land Use sections

The Best Lawyers in America

2011-2020, Commercial Litigation
2011-2020, Litigation – Construction
2011-2020, Litigation – Real Estate

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Super Lawyers

2008, 2014-2019, Oregon Super Lawyer – Business Litigation

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2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys

Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five years.

31 Tonkon Torp Attorneys Honored on 2019 Super Lawyers Lists

Thirty-one Tonkon Torp attorneys in nine practice areas have been included in the 2019 Oregon Super Lawyers or Rising Stars lists.

Tonkon Torp Sponsors 2018 Portland YouthBuilders Fundraiser

Tonkon Torp was a table sponsor at Portland YouthBuilders’ (PYB) annual “Cornhole Classic” on September 13. Tonkon’s participation with the event was led by Ned Perry, a member of the PYB board of directors, who attended along with Bob Carey, Eric Beach, Sam DeBaltzo, and their guests.

Tonkon Torp Sponsors Fifth Annual Portland YouthBuilders Fundraiser

Tonkon Torp was a table sponsor at Portland YouthBuilders’ (PYB) fifth annual “Cornhole Classic” on September 8. Tonkon’s participation with the event was led by Ned Perry, a member of the PYB board of directors. Founded in 1995, PYB serves more than 200 youths a year, offering a program of high school completion, vocational training, counseling, and support.

Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List

Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years

All News Items

SEC Provides Custody Rule Relief to Investment Advisers Serving as Co-Trustees

Earlier this year, the SEC amended its custody rule, Rule 206(4)-2, to impose new requirements on investment advisers deemed to have “custody” of client assets. As discussed in a previous Tonkon Tip, an adviser is deemed to have custody if the adviser (or an employee of the adviser) serves as sole trustee of a trust comprised of client assets.

Supreme Court Allows Superfund Cleanup Cost Recovery

On June 11, 2007, in U.S. v Atlantic Research Corp., the United States Supreme Court solved a portion of the puzzle that has confounded so-called potentially responsible parties (PRPs) since the Court’s decision in Cooper Industries, Inc. v Aviall Services, Inc. in 2004.

The “Wet” is Returning to the Oaks Bottom Wetlands

After almost completely drying out this summer, water has begun to return to the 140-acre Oaks Bottom Wildlife Refuge in southeast Portland, as work wraps up on an extensive wetlands rehabilitation project. Oaks Bottom is the largest remaining natural area within the lower Willamette River flood plain, with meadows, woodlands, and about 75 acres of wetlands, directly adjacent to the Willamette River.

Publications & Presentations