Tonkon Torp’s construction lawyers seek pragmatic and cost-effective solutions to the many complex legal issues that can arise in construction projects.
We represent businesses and individuals in all aspects of the construction process. We are experienced in representing developers and property owners, homeowners associations, construction firms, general and subcontractors, suppliers, and building product manufacturers.
We have extensive construction law experience, and our clients look to us for pragmatic and efficient solutions to the many problems that inevitably come up during a project. We assist clients with resolving complex construction disputes, enforcing payment obligations, and documenting contract obligations. We also offer unparalleled financial reorganization services to our construction clients, as our team includes the leading bankruptcy and reorganization lawyers in the Pacific Northwest.
We maintain expertise across a full range of practice areas to offer services including:
- Contract negotiation and drafting
- Drafting and reviewing bid documents and other agreements
- Construction lien foreclosure and defense
- Litigation, mediation, and arbitration
- Tax advice
- Labor and employment counsel and litigation
- Environmental compliance
Construction Litigation
Our construction litigation attorneys have a wide range of experience including:
- Contract and change order disputes
- Construction delays and cost-overruns
- Warranty claims
- Construction defects and related insurance coverage issues
- Financial disputes, including pursuing and defending construction lien claims and bond claims
Notable examples of our construction law experience include:
- Represented the purchaser of Mississippi Avenue Lofts, a troubled green condominium project in North Portland. This 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 involved damages in excess of $2 million, and was ultimately settled following a series of joint expert investigations and a comprehensive mediation process
- Represented a property owner in a claim against its general contractor for defective road construction. Obtained favorable award for client following American Arbitration Association arbitration
- Represented a homeowner association in legal proceedings against its general contractor arising out of a complex and protracted contract close-out process. The project was a complete envelope renovation for high-end condominiums located at the Oregon coast, with a $2.4 million construction contract. The dispute involved approximately $400,000 in disputed punch list items, and was settled on favorable terms
- 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 a galvanizing supplier in state court litigation arising out of defective highway bridge parts. The matter was settled on favorable terms following mediation
- Regularly represent a large commercial general construction contractor in the disputes that arise in connection with owners, subcontractors, and suppliers
- Defended owner of major energy project from dozens of construction lien foreclosure and related claims following financial default of general contractor
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Case Studies
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.
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.
Construction Defect
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.
Bid Protest Representation
Successful bid protest against proposed contract award to competing bidder, based on unfairness of procedure.
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.
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.
Construction Arbitration
Successful five-day arbitration to recover damages for defective road construction.
Breach of Fiduciary Duty Claims
Successfully defended and resolved claims of breach of ficuciary duty against founder of family business.
Complex Senior Housing Construction Loan Facilitation
Represented client borrower in the negotiation and closing of a construction loan for a retirement residence in Washington state. Our work included a loan agreement, related security documents, and the negotiation of ancillary development agreements among the borrower and its development and architectural contractors. On the intended day of closing, it was discovered that a subcontractor had prematurely commenced site work, jeopardizing the bank’s priority. We were able to work with the client, title, and bank to negotiate subordination agreements for the subcontractor and general contractor, and closing proceeded only one day later than planned.
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We encourage you to contact us if you have further questions about our firm or our experience. For your protection, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any confidential or secret information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).
If after browsing this web site you are unsure which lawyer you should contact, please call us at 503.221.1440.