Services & Industries
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.
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.
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.
Represented landowner in arbitration with general contractor over defective road construction
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.
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.
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.
Defended galvanizing supplier in state court litigation arising out of defective highway bridge parts, resulting in favorable mediated settlement.
Represented commercial landlord in federal court case regarding dispute over rental rate applicable to renewal lease term.
Obtained judicial dissolution of deadlocked real estate limited liability company following bench trial.
Represented tenant farmer in agricultural lease dispute, and obtained $1.6 million arbitration award in dispute over reimbursement for capital improvements.
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.
Represented major ethanol refiner in construction and contract disputes.
Represented Washington property owner in defending easement claim based on 1933 deed.
Regularly represent large forest products company in real estate, construction and contract matters.
Successful five-day arbitration to recover damages for defective road construction.
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.
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.
Community Involvement & Activities
Former Board Member
Human Solutions, Inc.
Former Board Member
Oregon State Bar
Business Litigation Section, Past Chair
Multnomah Bar Association
Oregon State Bar
Former Member of Business Litigation, Construction Law, Litigation, and Real Estate & Land Use sections
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.
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
31 Tonkon Torp Attorneys Honored on 2018 Super Lawyers Lists
Thirty-one Tonkon Torp attorneys in 11 practice areas have been included in the 2018 Oregon Super Lawyers or Rising Stars lists. Tonkon Torp partner and bankruptcy authority Albert Kennedy has been once again recognized on the Top 50 list of Oregon lawyers rated most highly by their peers statewide.
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.
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.
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.