C. Andrew Gibson

Andrew Gibson is a construction business litigator who helps his clients build successful projects and negotiate and resolve disputes. A partner in Stoel Rives’ Real Estate, Construction, and Design Practice, Andrew drafts and negotiates all forms of project documents, from the design phase through construction, and regularly navigates clients through the tricks and traps of contracting and insurance coverage issues.

Licensed in California, Oregon, and Washington, Andrew is a veteran of all formal legal proceedings and has successfully pursued construction defect claims, delay claims, insurance and bond claims, bid protests, mechanic’s liens, real estate disputes, and collection actions through mediation, arbitration, and litigation.

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Education

Santa Clara University School of Law, J.D., 2005; High Technology Law Certificate

University of California, Berkeley, B.A., History, B.A., Political Science, 2000

Admissions

Oregon

California

Washington

United States District Court for the District of Oregon

United States District Courts for the Northern and Southern Districts of California

United States Court of Federal Claims

Armed Services Board of Contract Appeals

United States Court of Appeals for the Ninth Circuit

Energy & Technology

• On University-led open ocean Wave Energy Testing project, served as lead outside counsel for contract negotiation and dispute resolution. 
• Litigation recovery for Data Center owner on multimillion-dollar defect claims against contractor and design team following extensive depositions, significant law and motion practice, and ADR.
• On large Battery Energy Storage project in Southern California, negotiated dispute resolution of contract disputes and delay claims for EPC Contractor. 
• For owner of large Idaho Wind Energy project litigated claims of construction defects and design errors to successful resolution. 
• Contract and dispute resolution counsel to natural gas pipeline construction project Owner in NW Oregon. 
• Solar project recovery of over $1MM for material supplier client on dozens of mechanic’s liens across California.
• Collected lien and bond claims across four projects in four states despite bankruptcy filing by solar contractor.
• Drafted and negotiated all forms of Engineering, Procurement, & Construction contracts for solar, wind, wave, hydropower, and natural gas projects across the United States. 

Infrastructure

• Lead outside counsel litigating defect and delay claims for large general contractor on design-build 77,000-sf high-bay air force hangar project in Arizona. 
• Wastewater treatment plant litigation for large Oregon city owner including discovery, depositions, and dispute resolution of construction defect and delay claims. 
• Recovered on multimillion-dollar claims of differing site conditions and disputed change orders on a large public works sewer siphon under-river project for a heavy civil engineering contractor.
• Successfully defended an international general contractor from complex subcontractor extra work claims and Miller Act lawsuits on federal infrastructure projects.
• Assisted heavy highway and transportation contractor with claim preparation on state highway projects and in conjunction with state claims procedures.
• Won bid protest for general contractor on $33.5M federal construction project.

Hospitality & Education

• Professional sports and concert stadium venue negotiation of multimillion-dollar seat replacement and renovation contracts. 
• For luxury residences development in Jackson Hole, Wyoming, served as lead outside counsel for design and construction contract negotiation and claims administration.
• On resort destination hotel development in Moab, Utah, successfully negotiated multiple claims of defect and delay to resolution through ADR process.    
• For multiple winery clients in the Willamette Valley and Napa County, drafted and negotiated construction and design contracts and litigated claims to resolution.
• Ski lodge construction contract negotiation, administration, and claims litigation for multiple project Owners in multiple states. 
• Park City, Utah luxury hotel design and construction contracts and insurance negotiation.
• Litigated University’s design professional liability for student life residential building in large complex matter with dozens of fact and expert depositions leading to successful resolution through ADR. 
• College and university dorm, library, and sports complex construction and design contract drafting and negotiation. 
• Won California Court of Appeal decision affirming judgments obtained via dispositive motions in favor of a community college district and a large general contractor against a subcontractor’s claims for additional compensation.  (Unpublished decision.)
• Won arbitration award for a high-end residential contractor for unpaid work on a single-family home defeating adverse million-dollar claims for alleged defects, fraud, and misrepresentation.

Commercial Development

• In Park City shopping center development successfully arbitrated concrete and ADA construction defect claims against general contractor and subcontractor team. 
• Drafted and negotiated dozens of car dealership projects for large national automotive dealer Owner client. 
• For Idaho luxury shopping center development Owner recovered costs of repair due to defective lighting system construction. 
• Won multimillion-dollar construction defect damages arbitration award representing a Pacific Northwest multifamily property developer.
• Represented general contractor in large complex dispute over a commercial shopping center development and claims of unpaid change orders, construction and design defects, and delay claims.

Insurance & Residential

• Resolved complex construction defect, fraud, and misrepresentation damage claims for residential homeowner.
• Pursued and secured collection in bad-faith insurance litigation for owner/developer.
• Counseled owner clients on insurance coverage issues and policy tracking protocols.
• Successfully pursued insurance recovery for Oregon commercial business severely damaged by tornado event.
• Successfully defended Design Professionals from defective design claims on commercial projects.

Insights & Presentations

• “Mitigate Risk with a Construction Project Insurance Checkup," Daily Journal of Commerce, November 2024
• “New Federal Rule Banning Noncompetes May Impact Construction Industry,” Daily Journal of Commerce, May 2024
• “Beware of ‘Standard’ Contract Terms; Nothing Is ‘Standard,’” Daily Journal of Commerce, September 2023
• “Can a Contractor Simply Walk Off a Job?” Daily Journal of Commerce, October 2022
• “Going Through the Big ‘D’ in 2023: Delays, (Project) Divorces, and Those Darn Cost Increases,” Professional and Industry Associates Council, Associated General Contractors of America (AGC), October 2022
• “The Importance of Third-Party Beneficiary Clauses in Contracts,” Daily Journal of Commerce, September 2022
• “Construction Insurance: Common Coverage Mistakes and How To Correct Them,” Portland Business Journal, July 2022
• “Surety Bonds vs. Subcontractor Default Insurance” Daily Journal of Commerce, September 2021
• “Ensuring Your Construction Project Remains Insured,” Daily Journal of Commerce, November 2020
• “Be Aware (or Beware!) of Extended Mechanic’s Lien Rights,” Daily Journal of Commerce, November 2019
• “Claims, Contracts and the Common Law,” Construction Defect Litigation, The Seminar Group, May 2019
• “When ‘Art’ Strikes Development,” Daily Journal of Commerce, November 2018
• “Tips on Preventing and Handling Liens if (When?) the Market crashes,” The New Normal: Preparing for Portland’s New Development Trends, Stoel Rives LLP, October 2018
• “Easement Litigation: Easements by Implication and Prescription” (co-presenter), Easements and Access, The Seminar Group, June 2018
• “ConsensusDocs 200 Agreement and General Conditions: Claims, Limitation Periods, Disputes, and Resolution,” HalfMoon Education ConsensusDocs Workshop, February 2018
• “When Three’s Company, and Not a Crowd,” Daily Journal of Commerce, November 2017
• “Contract Review (Deal Makers/Deal Breakers),” Advanced Construction Law, Oregon State Bar Construction Law Section, October 2017
• “Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials,” Stoel Rives LLP Ahead of Schedule blog, March 14, 2017
• “Year-End Insurance Review: Common Coverage Oversights,” Daily Journal of Commerce, November 2016
• “Are you SOL under Oregon SOLs?—A refresher on Oregon statutes of limitation and repose,” 21st Annual Construction Law Seminar, The Seminar Group, September 2016
• “A New Wrinkle In Time To Claim Construction Defects,” Daily Journal of Commerce, April 2016
• “Protections Against Subcontractor Defaults,” Daily Journal of Commerce, November 2015
• “Defect Considerations Unique to Apartments and Condominiums,” 20th Annual Construction Law Seminar, The Seminar Group, September 2015
• “Construction Default Rights & Remedies: Subcontractor Default Insurance and Bonding,” The Seminar Group, June 2015
• “Finishing Strong vs. Finishing Wrong: Tips and Traps for Project Completion,” Daily Journal of Commerce, March 2015
• “Condominiums: Opportunities and Pitfalls,” The Seminar Group, March 2015
• “Put in Writing When the Clock Starts Ticking,” Daily Journal of Commerce, November 2014
• “Resolving Disputes on Public Construction Projects,” HalfMoon Education, Inc., October 2014
• “Launching Into the Future with Design-Build and Integrated Project Delivery,” AGC Summer Convention, August 2014
• “The Art of Negotiation,” (Joint Presentation with Pinnell/Busch, Inc.), AGC Summer Convention, August 2014
• “Retention Rule Change May Have Unintended Consequences,” Daily Journal of Commerce, March 2014

• Included in The Best Lawyers in America^® (Construction Law, Litigation—Construction), 2022–present

Professional

• Legal Aid Services of Oregon—Volunteer Lawyers Project Night Clinic, Pro Bono Counsel, 2012–present
• Oregon State Bar Construction Law Section Executive Committee, former Member
• Associates Council, Associated General Contractors—Oregon Columbia chapter, former Member

Civic

• Providence Portland Medical Foundation Board, 2018–present
• Riverdale Rural Fire Protection District, Elected Official, 2021–present
• Architecture Foundation of Oregon Board, former Member
• Arts Council of Lake Oswego Board, former Member
• Oregon Children’s Theater Board, former Member
• Sigma Chi Fraternity Chapter Mentor and Leadership Training Faculty