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Litigation Team

Robert L. O'Halloran

Robert L. O'Halloran - Partner

(503) 412-3507 Direct - Contact Bob

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Bob has over 28 years of expertise in construction, surety and public contract law, successfully representing the interests of contractors, subcontractors, public owners, private owners and sureties. He joined McEwen Gisvold as a partner in 2004. Bob has served his clients in the construction and procurement area by negotiating design-build and other forms of construction contracts, handling bid protests on public projects, construction liens, payment and performance bond claims, and other matters involving all types of disputes in the construction setting, whether in state or federal litigation, mediation or arbitration.

Representative Matters

Represented plaintiff homeowner associations in construction defect claims resulting in $2.1 million jury verdict

Represented subcontractor on public works project in pursuit of pass-through claims of $5 million against public owner

Represented plaintiff subcontractor in dispute against defendant prime contractor on two separate condominium projects involving subcontractor's liens and claims in excess of $4 million and contractor's counterclaims in excess of $2 million

Represented plaintiff prime contractor against defendant private owner in dispute involving contractor's lien and claims in excess of $1.8 million and owner's counterclaims in excess of $700,000

Represented defendant public owner against plaintiff prime contractor in defending prime contractor's claims in excess of $2 million on wastewater treatment facility project

Represented private owner in negotiating contract documents with prime contractor for construction of $14 million parking structure

Represented prime contractor in negotiating contract documents with owner for construction of $8 million low-income apartment project

Represented surety in resolving performance bond claims by claimant school district based on prime contractor's defective work

Education

Northwestern School of Law of Lewis and Clark College, Juris Doctor (1982)

University of Oregon, Bachelor of Science (1979)

Admitted to Practice

Oregon State Courts

United States District Court, District of Oregon (1982)

United States Claims Court (1986)

United States Court of Appeals, Ninth Circuit (1990)

United States Tax Court (1992)

Professional Activities

Bob is actively involved in the construction industry, serving on the Executive Committee of the Oregon State Bar Construction Law Section, as a member of the American Bar Association sections on Fidelity and Security Law, Torts and Insurance Practice sections, ABA Forum on the Construction Industry, the National Bond Claims Association, and the Oregon State Bar Construction Law Section.

A frequent author and speaker, Bob's publications and seminars include:

  • Oregon and Washington Construction Law: Comparison and Contract, Oregon State Bar Construction Law Section, 2011
  • Construction Defects, 5 Steps for a Healthy Offense/Defense, Oregon State Bar Construction Law Section, 2010 and 2009
  • Comment: Whither Privity in Oregon, Oregon State Bar Construction Law Section Newsletter 37, March 2010
  • CCB Licensing Statutes: A Low Cost Collection Tool? Oregon State Bar Construction Law Section Newsletter 35, May 2009
  • Oregon's Private Project Prompt Payment Act, Oregon State Bar Construction Law Section Newsletter 32, May 2008
  • Construction Litigation in Oregon: Contract Issues, Lorman Education Services Continuing Education, 2000
  • American Arbitration Association Website and ADR Disk, Oregon State Bar Construction Law Section Newsletter 13, January 1999
  • Construction Law: Real Life Problems in Public Contracting, The Surety’s Role Beginning to End, Oregon Law Institute, 1997
  • Bid Mistakes, Delays, Time and Costs, American Society of Professional Estimators, 1997
  • Lien and Payment Bond Rights, Bid Mistakes, Delays and Alternative Dispute Resolution, Construction Financial Management Association, 1997
  • Suits Against Owners, Differing Remedies for Public and Private Contracting, Law Seminars International, 1996
  • Construction Damages, During Construction: The Contractor’s Perspective, Oregon Law Institute, 1994
  • Understanding the Interplay Between Indemnity and the Additional Insured, co-author and co-presenter, ABA Forum on the Construction Industry, Tenth Annual Meeting, 1994
  • Construction Law for Local Government Officials, Termination from the Surety’s Perspective, Oregon City Attorneys Association, 1993