Sean Gay

Photo of Sean Gay

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.

Subscribe to all posts by Sean Gay

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

CPSC Recommends Removal and Replacement of Chinese Drywall

Today the Consumer Product Safety Commission recommended removal of all sulfur-containing drywall from homes built with the problem drywall. The CPSC’s recommendation is contained in its Interim Remediation Guidance for Homes with Corrosion from Problem Drywall. In addition to the problem drywall, the CPSC recommends removal and replacement of all fire safety alarm systems, electrical components … Continue Reading

Chinese Drywall Investigation One of Largest in CPSC History

The Consumer Product Safety Commission has spent more than $3.5 Million investigating sulfur-containing drywall in what has become one of the largest investigations in CPSC history, according to Scott Wolfson, spokesman for the CPSC. And the investigation is not done yet. During a press conference last week, the CPSC announced the release of more than 1,800 … Continue Reading

Chinese Drywall Reported In Oregon: How You Can Protect Yourself.

The Portland Business Journal  recently stated that Chinese drywall has been reported in Oregon. In addition, late last week the United States Consumer Product Safety Commission (“CPSC”) issued a status report on its investigation into the imported drywall. This report states that 5,503,694 sheets of Chinese drywall were imported into the United States during 2006, so … Continue Reading

Obama Administration Implements Changes to Federal Contracting

For those readers interested in federal contracting and related labor issues, our colleague Dennis Westlind recently blogged about changes implemented by the Obama Administration. Those posts address the following topics: • Project Labor Agreements on Federally Funded Construction Projects • Executive Orders Affecting Federal Contractors Stay tuned for more changes as the new administration implements its … Continue Reading

Chinese Drywall Defects a Growing Concern

Since we first blogged about Chinese drywall, homeowners in at least 19 states, including Washington and California, have reported problems associated with defective drywall. Late last year, U.S. Consumer Product Safety Commission (CPSC) began receiving complaints about damage to homes constructed with drywall manufactured in China. The drywall reportedly contains elevated sulfur levels, which have … Continue Reading

What do drywall, dog food and baby formula have in common?

With the widespread use Chinese products, it had to happen sooner or later—a construction defect made in China. According to the Wall Street Journal, gypsum wallboard—otherwise known as drywall—manufactured in China is releasing sulfur gases, which can smell foul and cause corrosion. Apparently the sulfur, a noxious chemical, has been linked to problems with air … Continue Reading