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Sean Gay

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Sean Gay is a former construction professional who applies his extensive industry experience to help clients achieve their goals. Before joining Stoel Rives, Sean managed construction projects in Washington and Hawaii. As a construction project manager, Sean was intimately involved in the technical and financial aspects of his projects.

Clients rely on Sean’s ability to leverage his real-world experience to their legal issues. He 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.

Sean is a partner in Stoel Rives’ Construction & Design group.

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Construction contract exampleSubcontractor 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…

In the push to get a construction project started, important management tasks may be overlooked or subordinated by “higher priority” tasks, and the importance of completing many of those tasks may not become apparent unless there is a legal dispute. In my latest article for the Daily Journal of Commerce, I provide a brief…

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.…

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 …

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 …

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? …

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…

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…