Construction Litigation
Tonkon Torp's construction lawyers seek pragmatic and cost-effective solutions to the many complex legal issues that can arise in construction projects. We are experienced in representing developers and property owners, homeowners associations, general and subcontractors, suppliers and building product manufacturers.

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.

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 Arbitration

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

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.

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.

Bid Protest Representation

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

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.

Breach of Fiduciary Duty Claims

Successfully defended and resolved claims of breach of ficuciary duty against founder of family business.