Eric Grasberger

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Eric Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public improvement exemptions. He has represented numerous private and public owners and developers, as well as contractors, in all facets of development and construction law. Eric, a partner in Stoel Rives’ Construction and Design group, is chair of the Construction and Design group and co-chair of the firm’s Sustainable Real Estate Development Team. He was selected by Best Lawyers® as Portland Construction Law Lawyer of the Year for 2018 and 2015.

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Why Early Mediations Often Fail, and Possible Remedies

By Eric Grasberger on Posted in Alternative Dispute Resolution, Construction Claims
Unlike 20 years ago, when a mediation – a commonly used route for resolving disputes in the construction claims process – was typically held close to the trial date, today the prospect of an early settlement can lead to the parties often seeking multiple mediation sessions over the course of a dispute. Additionally, construction and … Continue Reading

Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

By Eric Grasberger, Zachary Davis and Mario Nicholas on Posted in Acts of God, COVID-19, Oregon
On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.” Unlike “stay home” orders in some other states—which prohibit the operation of all business unless specifically exempted—the Oregon Order prohibits the operation of specific categories of businesses identified in the Order (e.g., amusement parks, aquariums, … Continue Reading

Design-Build and EPC Contracting Approaches Under Fire by Contractors

By Eric Grasberger on Posted in Design Build Agreements
In a recent article in the ABA’s “Under Construction” publication (link here) the author describes a trend among some major contractors, including SNC-Lavalin, Fluor Corporation and Granite Construction, to leave the DB and EPC space.  Other large contractors have announced similar intentions.  The problem appears to be that the DB and EPC delivery methods are … Continue Reading

Legislative Update: House Bill 4154

By Eric Grasberger on Posted in Construction Contracts, Employer/Employee Liability, Labor and Employment Issues, Payment Disputes, Union Issues
In February 2018, the Oregon Legislature attempted to push through House Bill 4154, which would have made a general contractor liable for unpaid wages, including benefit payments and contributions, of an employee of a subcontractor at any tier, after that employee files a wage claim and the Commissioner of the Bureau of Labor and Industries … Continue Reading

Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.

By Eric Grasberger and Cory Haller on Posted in Construction Claims, Construction Contracts, Construction Defects, Construction Litigation, Design Professionals and Claims, Developers v. Contractors, Indemnity, Public Construction Contracting
Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out of ADA violations caused by the designer and contractor of a transportation facility. See City of Los Angeles v. AECOM Services, Inc. (here). This decision … Continue Reading

Oregon Women In Construction Conference

By Eric Grasberger on Posted in General
Stoel Rives is proud to have co-created and been the leading sponsor in the first annual “Oregon Women In Construction Conference” hosted by the University of Oregon last Thursday, April 27.  The event was emceed by City of Portland construction attorney Molly Washington (who led all aspects of the event including topics, speakers, locale, etc.) … Continue Reading

Self-Imposed ADA Audits: The Developer’s Best Option

By Eric Grasberger on Posted in Construction Claims, Construction Contracts, Construction Defects, Construction Litigation, Developers v. Contractors
Recent rulings indicate that courts across the country view project owners’ and developers’ liability for ADA claims differently than they do other compliance violations.  Owners’ attempts to raise questions of contractor negligence, breach of contract or breach of warranty are being rejected.  So what can a project owner do? In my recent article for the … Continue Reading

Architect Off the Hook for ADA Defects

By Eric Grasberger on Posted in Construction Claims, Construction Defects, Construction Litigation, Design Professionals and Claims
Continuing a disturbing trend, another recent case finds that an architect is not liable for a design that failed to comply with the ADA and Section 504 of the Rehabilitation Act (RA). In Chicago Housing Authority v. DeStefano & Partners, Ltd. (here), an Illinois appellate court followed several other federal and state decisions in holding … Continue Reading

Termination Clauses a Must for Owners

By Eric Grasberger on Posted in Construction Contracts, Construction Litigation, Design Build Agreements
The recent termination of the joint venture of Skanska-Hunt from the Washington State Convention Center project (article here) is a good reminder of the importance of well-written termination clauses in your owner-contractor contracts.  The reasons for termination (or “severance,” a slightly kinder word) can be many, including failure to agree on pricing (the reason given … Continue Reading

NYC Crane Collapse Likely to Fuel Crane Objections and Easements

By Eric Grasberger on Posted in Acts of God, Construction Defects, Damages Claims, Insurance, Risk Management, Safety/Personal Injury
On Friday, February 5, one man died and three were injured when a 565-foot crane toppled in gusty winds in lower Manhattan, not far from the World Trade Center. The investigation will likely take weeks to months as experts try to reconstruct whether the engineering, erection, operation or manufacture of the crane, or some combination … Continue Reading

The Trend Towards Liability Waivers in Design and Construction

By Eric Grasberger on Posted in Commercial Construction Contracts, Construction Contract Interpretation, Construction Contracts, Construction Industry, Risk Management
The increasing presence of liability waivers in construction and design contracts is of concern to owners, general contractors and architects alike.  In my recent article for the Daily Journal of Commerce, I address a variety of clauses that limit liability and offer tips for negotiating more reasonable conditions and limits.  Read the full article here. … Continue Reading

Construction Projects and the Clean Water Act: Revised Turbidity Standards for NPDES Permits

By Eric Grasberger on Posted in Environmental Concerns
Authored by Daniel Lee On March 6, 2014, EPA revised its Clean Water Act regulations for construction projects that are required to obtain NPDES permits for discharges of stormwater and other wastewater. The revised regulations clarify required management practices and provide some additional flexibility for implementing them. The revisions include three elements. First, the rule provides a … Continue Reading

Multi-Family Sellers Beware: Don’t “Alienate” Your Project from Insurance Coverage for Construction Defects

By Eric Grasberger on Posted in Construction Claims, Construction Contracts, Construction Defects, Construction Litigation, Damages Claims, Defects, Developers v. Contractors, Indemnity, Insurance
The apartment business is booming right now. Unfortunately, construction defects persist as well, particularly in garden-style and wood-framed construction. Most developers are savvy enough to maintain a good insurance program, but many do not understand (until too late) that the policies they bought may not cover the risk of construction defects.  As an owner-developer, neither your property … Continue Reading

“Best Law Firms” Survey Results: Stoel Rives Recognized Nationally for Construction Law Practice

By Eric Grasberger on Posted in Uncategorized
The 2014 U.S. News – Best Lawyers “Best Law Firms” survey was published November 1, and we were pleased to learn that you—our clients and professional colleagues—helped us achieve another prestigious national first-tier ranking in Construction Law for Stoel Rives. We’d like to thank all of you who took the time to respond to the … Continue Reading

SB 254A and Oregon’s CMGC Rules Are Overblown

By Eric Grasberger on Posted in Construction Contracts, Legislation, Public Construction Contracting
Oregon Senate Bill 254A and the CMGC method generally garner more attention than is justified. Here is the background. On a typical non-CMGC project, the general contractor will bid on a complete or nearly complete set of design documents. This is referred to as “design-bid-build.” In public construction, competitive bidding is required by statute to reduce expenditure of … Continue Reading

The Case for Construction Claims Reform

By Eric Grasberger on Posted in Construction Claims
In my latest Daily Journal of Commerce Construction column, I discuss the case for construction claims reform. Construction industry participants all have one thing in common: they hate litigation. While avoiding claims is not always possible, the number of disputed issues can be reduced. Some states have enacted statutes eliminating much of the uncertainty surrounding … Continue Reading

ADA Claims: The Buck Stops with Developers

By Eric Grasberger on Posted in Construction Claims
In my latest Daily Journal of Commerce Construction column, I discuss tips for developers to help handle claims under the Americans with Disabilities Act. In the column, I recommend several mitigation efforts to reduce liability for ADA defects including: hire vendors with a track record of compliance and competence, verify that all participants insurance policies … Continue Reading

The Litigation Process: An Upper Division School of Hard Knocks

By Eric Grasberger on Posted in Construction Contracts, Construction Industry, Construction Litigation
Litigation can be one of the most time-consuming and expensive ways to resolve disputes in the construction industry. Often, parties to construction-related disputes prefer to resolve them through alternate dispute resolution procedures, such as mediation or arbitration. However, sometimes litigation cannot be avoided. In his latest article in the Daily Journal of Commerce, Guy Randles … Continue Reading

Evolving Concepts of ‘Fairness’ in Construction Contracts

By Eric Grasberger on Posted in Construction Contracts, Construction Defects
In my recent article “Evolving Concepts of ‘Fairness’ in Construction Contracts,” published in the Daily Journal of Commerce, I outline the key battlegrounds in redefining a ‘fair’ construction contract. From limited liability to contractors signing waivers and claim releases, this article provides the foundation for understanding the evolving complexities in construction contracts.  To read more, click … Continue Reading

Multi-Party Construction Defect Litigation CLE

By Eric Grasberger on Posted in Construction Litigation
In a recent national webinar by the Strafford Publication Group, I spoke about the key challenges facing plaintiffs in construction defect cases, including initial case evaluation, discovery issues, expert issues and allocating damages among multiple defendants. My co-presenters from two firms in Dallas, Texas followed my presentation with the key challenges facing defendants. The slides … Continue Reading
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