Sean Gay

Sean Gay

Sean Gay has substantial experience litigating disputes and drafting and negotiating construction and design contracts. In addition, he has extensive public contracting experience, having litigated bid protests and contract disputes. He has also drafted solicitation documents, such as requests for proposals and invitations to bid, and has negotiated and drafted several construction and design contracts for public agencies. Sean, a Partner in Stoel Rives’ Construction and Design Group, worked in the construction industry in Alaska, Hawaii and Washington before joining the firm. He has worked on projects owned by Microsoft Corporation; Frito Lay, Inc.; the United States Postal Service; and Alyeska Pipeline Service Company, among others.

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

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

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

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

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

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

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

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

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

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

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

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

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

Four Stoel Rives Partners to Speak at the 18th Annual Oregon Construction Law Seminar

On September 26 and 27, 2013, The Seminar Group will present its 18th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking about Integrated Project Delivery, which is an emerging project delivery method emphasizing collaboration among project participants. Three of my partners also will be presenting: Guy Randles, program co-chair, will speak … Continue Reading

Contracting For Construction In Oregon? You Need to Know the Law

In my latest Daily Journal of Commerce Construction column, I discuss the need to know Oregon construction contracting law to avoid unwanted consequences. In Oregon, construction contracts are subject to a wide variety of legal requirements, many of which are often ignored or, in some cases, violated with disastrous results. Following link will provide a summary … Continue Reading

Pincetich v. Nolan: A Cautionary Tale About the Risks of Contractor License Suspension

In Pincetich v. Nolan, the Oregon Court of Appeals recently held that a temporary suspension of a contractor’s license during a project will bar the contractor from commencing a lawsuit seeking compensation. The Nolans, husband and wife, contracted with Mr. Pincetich to build a house. During the project, Mr. Pincetich’s liability insurance lapsed and, as … Continue Reading

Good Project Site Agreements Make Good Neighbors

Construction projects can impact neighboring landowners in ways that range from minor annoyances to dangerous structural issues. Well-drafted temporary and permanent site agreements with neighboring landowners can help project owners maintain good relationships with their neighbors. In my latest article in the Daily Journal of Commerce, I describe some of the types of legal agreements … Continue Reading

Oregon Construction Law Seminar

On September 20 & 21, 2012, The Seminar Group will present its 17th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking at the seminar about frequently negotiated provisions in owner-contractor and owner-architect agreements, including waivers of consequential damages, indemnification, insurance, warranties and claims. Two additional Stoel Rives’ partners will be speaking … Continue Reading

Local Contracting Agencies Now Prohibited from Using Price As Basis for Awarding Certain Consultant Contracts

Oregon’s legislature recently changed ORS 279C.110 to require all public agencies, both state and local, to use qualifications as the basis for awarding contracts for architectural, engineering, photogrammetric mapping, transportation planning and land surveying services.  Before the change, local contracting agencies could use price as a basis for award but state agencies could not.  Once … Continue Reading

Starting a New Project? Don’t Forget to Send a Notice of Right to a Lien to Trust Deed Holders and Mortgagees

Under Oregon law, a construction lien generally has priority over a trust deed or mortgage on an improvement.  ORS 87.025(1).  If a construction lien claimant has priority over a trust deed or mortgage, the construction lien claimant will get paid from the proceeds of a foreclosure sale before the trust deed holder or mortgagee.  Having … Continue Reading

Oregon Supreme Court Declines to Reconsider Abraham Decision

In March of this year, the Oregon Supreme Court issued its opinion in Abraham v. T. Henry Construction, Inc.  Unhappy with one aspect of the opinion, the Abrahams promptly filed a petition for reconsideration.  Last week, the Oregon Supreme Court denied the Abrahams’ petition.  While it was making its way through the appellate courts, Abraham provoked … Continue Reading

Oregon Supreme Court Hears Abraham Appeal

Last month the Oregon Supreme Court heard oral argument in Abraham v. T. Henry Construction, Inc., a residential construction defect case.  Shortly after the Oregon Court of Appeals published its opinion in September 2009, Ahead of Schedule authors Eric Grasberger (“Negligence Claims Take Another Twist in Oregon” and Kip Childs (“Oregon Court of Appeals Provides Clarification … Continue Reading
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