Sean Gay

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Sean Gay advises clients on a broad range of matters, including project management issues, contract negotiations, public contracting issues, bid protests, and disputes.  Sean has extensive experience litigating and arbitrating a wide variety of complex construction matters. His knowledge about how construction projects get managed and built–and occasionally result in disputes–has proved an invaluable resource in his legal career. Before joining Stoel Rives, Sean, a partner in Stoel Rives’ Construction and Design Group, worked in the construction industry managing projects Hawaii and Washington. As a construction project manager, he was intimately involved in the technical and financial aspects of his projects.

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How to Know When Bidding Practices Cross the Line

By Sean Gay on Posted in Bids/Bid Protests
An unfortunate side effect of growing economic stimulus and infrastructure spending is an environment that encourages unethical and illegal bidding practices. In my latest article for the Daily Journal of Commerce, I look at several categories of such practices and provide some strategies for firms to reduce their prevalence. Read the full article here. Originally … Continue Reading

Managing Engineering Liability and Risk in Oregon

By Sean Gay and Zachary Davis on Posted in Oregon, Risk Management
On February 25, 2022, my colleague Zachary Davis and I will be presenting as part of a HalfMoon Education live interactive webinar Managing Engineering Liability and Risk in Oregon. Zachary will present “Law of Engineering Malpractice,” an overview of professional liability claims. I will present “Understanding How Contracts Can Shift, Reduce (or Increase) Risk,” an … Continue Reading

Strategic Tips That Parties Should Consider When Mediating Disputes

By Sean Gay on Posted in Alternative Dispute Resolution, Construction Contracts
Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And the mediator typically does not have … Continue Reading

Oregon Prevailing Wage Presentation

By Sean Gay on Posted in Federal Contracting, Public Construction Contracting
On October 9, 2020, I will present on prevailing wages at the Oregon State Bar Construction Law Section’s seminar titled Public Contracting Issues: Federal and State. My presentation will address fundamental concepts, resources, administration, how to analyze prevailing wage issues, and tips for preparing coverage determinations. Click here to learn more and here to register online.… Continue Reading

Are You Willing to Wait a Year? Popularity of CLT Leads to Growing Pains for Suppliers

By Sean Gay on Posted in Uncategorized
The Daily Journal of Commerce recently reported that increased demand for mass-timber material, such as cross-laminated timber (“CLT”), has caused a shortage as suppliers struggle to expand production.  Iain Macdonald, an industry executive interviewed for the article, stated that “lead times of a year have not been uncommon.”  Increased demand has been fueled in part … Continue Reading

Construction Defect Litigation Seminar

By Sean Gay on Posted in Construction Defects, Uncategorized
On May 16, 2019, I will chair The Seminar Group’s Construction Defect Litigation seminar in Portland, Oregon.  The seminar will include a panel of knowledgeable lawyers with broad experience litigating construction defect and related insurance disputes.  Among those presenting will be two of my colleagues Lou Ferreira and Andrew Gibson.  Click here to learn more … Continue Reading

The Sureties Strike Back: The Expedited Dispute Resolution Performance Bond

By Sean Gay on Posted in Bond Claim, Insurance
Subcontractor default insurance (“SDI”) — insurance  that covers certain losses related to a subcontractor’s material breach of a subcontract — has been gaining in popularity over bonds among general contractors. However, for a number of reasons, sureties assert that bonds are better than SDI, despite the common complaint about bonds that sureties are slow to pay … Continue Reading

Teaming Agreements Set Out Construction Team Members’ Relationship and Responsibilities in Pursuing Award of a Contract

By Sean Gay on Posted in Construction Contracts
A written teaming agreement is useful in defining the roles and responsibilities of a team of designers and contractors seeking to win a contract for a construction project. In my recent article for the Daily Journal of Commerce, I detail several key aspects of a well-drafted teaming agreement. Read the full article here. “Teaming Agreements: … Continue Reading

Oregon Construction Law Seminar

By Sean Gay on Posted in Uncategorized
On September 22 and 23, 2016, my colleague Eric C. Grasberger will co-chair The Seminar Group’s Oregon Construction Law seminar in Portland, Oregon.  This seminar will include a panel of knowledgeable lawyers with broad experience addressing Oregon construction law.  I will be presenting and will speak about design-build contracts and the project delivery method.  Two … Continue Reading

No Crane Trespassing! Swingway Easements Make Good Neighbors

By Sean Gay on Posted in Acts of God, Construction Defects, Damages Claims, Insurance, Risk Management, Safety/Personal Injury
Earlier this year, my colleague Eric Grasberger authored a blog post about a crane collapse in Lower Manhattan.  In that post, he mentioned that neighboring landowners may seek to prevent cranes from intruding into the airspace above their property.  Contractors and owners alike are often surprised to learn that a crane swinging over adjacent property … Continue Reading

Hate Negotiating? Think It is a Waste of Time? Think Again. Seven Habits of Successful Negotiators

By Sean Gay on Posted in Construction Contract Interpretation, Construction Contracts, Damages Claims, Developers v. Contractors, Payment Disputes
If you dislike negotiating, you are not alone. But successful negotiators understand and embrace the opportunities that a negotiation presents.  In my recent article for the Daily Journal of Commerce, I discuss seven habits of successful negotiators that can help you successfully conclude your construction-related negotiations. Read the full article here.   “Hate Negotiating? Think It … Continue Reading

Construction Default Rights and Remedies Seminar

By Sean Gay on Posted in Uncategorized
On June 3, 2015, I will chair The Seminar Group’s Construction Default Rights and Remedies seminar in Portland, Oregon.  This seminar will include a panel of knowledgeable lawyers with broad experience addressing default and termination issues.  Two of my colleagues will also be presenting:  Kenneth P. Childs will speak about bankruptcy issues; and C. Andrew … Continue Reading

DBIA Releases New Model Bond Forms for Design-Build Projects

By Sean Gay on Posted in Design Build Agreements
On May 6, 2015, the Design-Build Institute of America (“DBIA”) released a suite of new bond forms prepared specifically for design-build projects.  According to DBIA’s press release, the forms were co-authored by designers and builders and have been endorsed by two surety industry groups.  As with any industry template form, consultation with an attorney is … Continue Reading

A Cautionary Tale for Public Agencies: Your Feasibility Analysis Must Be Based on Data, Not Assumptions

By Sean Gay on Posted in Uncategorized
In a recent opinion, the Court of Appeals determined that the Central Point School District (“District”) violated the law when it attempted to outsource student transportation services. In 2009, Oregon’s legislature sought to curtail the outsourcing of government jobs under circumstances that either cost the taxpayers more money or saved the taxpayers money by sacrificing … Continue Reading

10 Important Termination Considerations

By Sean Gay on Posted in Commercial Construction Contracts, Construction Claims, Construction Contract Interpretation, Construction Contracts, Construction Industry
When terminating a contract, you want to have a high degree of confidence that termination is justified and done properly. In my recent Daily Journal of Commerce Construction column, I outline 10 important considerations in navigating this high-risk terrain. Read the full article here. “10 Important Termination Considerations” was originally published on Feburary 20, 2015 by … Continue Reading

Ahead of Schedule Blog Launches New Responsive Design and Enhanced Reader Features

By Sean Gay on Posted in General
Dear Ahead of Schedule blog readers. We have enjoyed keeping you informed with construction law and project development news and tips since early 2009. While our commitment to keep you informed hasn’t changed, technology certainly has. Back when we first started posting, it was still a desktop- and RSS-dominated world. Today, more and more of … Continue Reading

Oregon Supreme Court’s Decision: Plaintiff’s Tort Claims Accrued on Substantial Completion and were Time-Barred

By Sean Gay on Posted in Construction Defects, Statutes of Limitation
In my recent article, “Provision Providing for Early Accrual of Statute of Limitations Held Inapplicable,” I discuss the Oregon Supreme Court’s reversal of a trial court’s decision that, by the terms of the parties’ contract, plaintiff’s tort claims accrued on the date of substantial completion and were time-barred. Read the full article, here. “Provision Providing … Continue Reading

Oregon Court of Appeals’ Decision: Contractor Cannot Terminate Its Subcontractor To Offset Costs

By Sean Gay on Posted in Defects
In my recent article, "Contractor Not Entitled to Setoff Costs of Repairing Subcontractor’s Defective Work," I discuss the Oregon Court of Appeals’ decision that a contractor cannot terminate its subcontractor for convenience and setoff costs incurred in repairing the subcontractor’s defective work (affirming the trial court’s decision). Read the full article, here. "Contractor Not Entitled … Continue Reading

The Vexing Date of Substantial Completion: Oregon Supreme Court to Consider Two Cases Addressing When Statutes of Limitation and Ultimate Repose Begin to Run

By Sean Gay on Posted in Construction Claims, Construction Contract Interpretation, Construction Defects, Construction Litigation, Defects
The Oregon Supreme Court will review two recent Court of Appeals decisions related to statutes of limitation and repose on construction projects. In the first case, Sunset Presbyterian Church v. Brockamp & Jaeger, Inc., the Oregon Supreme Court will address the following questions: (1) When the construction contract includes an accrual provision, is the statute … Continue Reading
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