Gregory J. Miner

Shareholder

Practice Groups: Commercial, Business, Construction & Real Estate Litigation

Bateman Seidel Miner Blomgren Chellis & Gram, PC
Stanley M. Samuels, Senior Counsel

RECENT LITIGATION EXPERIENCE

SIGNIFICANT CONSTRUCTION AND REAL ESTATE CASES

• Represented homeowners in mold litigation against architect and contractor (2004-2005)
• Represented partners in enforcing sale of real estate and in buyout of remaining partner (2003-2005)
• Represented investor limited partners in limited partnership on affordable housing projects over removal of general partners and breach of development agreements (2003-2005)
• Represented land developer in breach of contract action against purchaser of Forest Heights subdivision (2004)
• Prosecuted partition action and contribution claims in family dispute involving 26 acres of undeveloped land in Tigard Triangle ($16 million value), (2001-2004)
• Defended equity investors in corporation against aiding and abetting claims of misappropriation of trade secrets in sale of assets out of bankruptcy (2003-2005)
• Represented general contractor on lien foreclosure and in defense of delay claims on tenant improvements project (2003)
• Represented Coffman Excavation in prosecution of lien foreclosure actions and in prosecution of commercial lease default and wrongful termination against Hertz Rental Company, (2002)
• Represented timber purchaser on default of road construction and timber sale contracts with Oregon Department of Forestry (2002)
• Defended Saint-Gobain Industrial Ceramics, Inc. in lien foreclosure action involving fraudulent over billing by general contractor, 2002
• Successful contingent fee claim on insurance coverage question involving collapse of commercial office building ($400,000 claim) (2001-2002)
• Defended supplier/manufacturer of curtainwall system from counterclaims and prosecution of lien and breach of contract claims ($1 million) (2002)
• Prosecuted serious personal injury claim arising out of automobile accident in construction zone involving gravel piles left on an exit ramp (2001-2002 )
• Defended corporation and individual shareholder in multi-million dollar construction and design defect case on a $4-6 million home on the Oregon coast (2001)
• Defended pipeline owner in claim for damage to Christmas Tree farm from pipeline construction (2000-2001)
• Prosecuted engineering malpractice claim for Oregon commercial property owner
• Prosecuted EIFS and structural defect claims for homeowners in residential construction matters( 2000-2002)
• Defended design professionals and prosecution of malpractice claims against design professionals (1998-2002)
• Prosecuted defective product and defective construction claims for residential homeowners (1998-2002)
• Prosecuted claims to successful $1 million settlement (without litigation) for Zeiss Worldwide Medical against Planar arising out of joint venture business (2001)
• Defended Future Shop in various commercial lease defaults arising out of closing United States retail outlets (1999-2001)
• Defended Champion International Corporation in wrongful death claim (four deaths) arising out of clearcut operation and mud slide (1998-2001)
• Represented The Nature Conservancy in successful prosecution of claim against Simplot for increased cost of weir construction on Eastern Oregon cattle ranch (2000-2001)
• Defended principal in architecture firm relating to owner’s claim of $1 million in cost overruns and negligent certification of construction payment requests (2000-2001)
• Served as Oregon counsel for joint venture partner of general contractor in $65 - $100 million dispute over construction of Hyundai Fab E-4 project in Eugene, Oregon (1998-2000)
• Represented the Port of Portland in wrongful death claims of three steel workers at Portland Airport terminal expansion project (1999-2000)
• Represented City of Hillsboro in defense of claims and prosecution of claims ($3/4 million) against general contractor on parks improvement project (1999-2000)
• Represented ship repair contractor at Port of Portland in defense of claims arising out of sale of ship repair equipment and takeover of competing shipyard contractor (1999-2000)
• Represented general contractor on signalization contract for Portland's $1 billion light-rail extension in dispute with subcontractor over termination of subcontractor (1998)
• Represented large electronics retailer in claim against landlord for delay damages involving new retail/garage/hotel project in downtown Portland (1998)
• Represented international structural engineering firm in wrongful death case in Portland involving the design and construction of a radio/television transmission tower (1995-1997)
• Represented large industrial gas supplier in OSHA proceedings and in settlement of claims of employee arising out of wrongful death of employee (1995-1996)
• Represented a national supplier of kitchen equipment in lien foreclosure and breach of contract claim by installation subcontractor on a large sports arena project (1996-1997)
• Represented large manufacturer in claim against security and safety systems designer for large manufacturing facility located in Ohio (1996)
• Represented owner of large potato processing plant in New Brunswick, Canada, in dispute with plant and systems design professionals over defective design and design changes (1996)
• Prosecution and defense of construction lien foreclosure actions and payment/performance bond claims

PRIOR LITIGATION EXPERIENCE

• Represented Sysco Equipment Corporation in defense of supplier’s suit for wrongful termination and lien foreclosure on Rose Garden Sports Arena in Portland, Oregon
• Prosecuted $5.7 million jury verdict for ship repair contractor against Port of Portland in breach of contract case ,1990 (Multnomah County Circuit Court, Oregon)
• Jury trial (6 days) in dispute between partners over purchase and harvest of forest service timber sale of contract and termination of partnership (1998 U.S. District Court, Eugene, Oregon)
• Prosecuted specific performance of sale of apartment building complex (160 units) where the property was sold twice (3 day arbitration, Circuit Court, Clackamas County, Oregon)
• Defended claims by former owner of two apartment complexes (350 units) in Multnomah County Circuit Court and the U.S. District Court, 1993-95
• Obtained summary judgment and settlement against City of Portland for breach of 10 year intergovernmental agreement ($4 million) in Multnomah County Circuit Court, 1994-95
• Defended suit to enforce sale of apartment building in City of Portland (2 day arbitration) involving dispute of a performance, extension of financing, 1994
• Jury and non-jury trials in federal and state courts in Washington, D.C., Maryland and Virginia as well as practicing in the United States Claims Court, federal and state administrative Boards of Contract of Appeals and bid protests
• Extensive experience in representing contractors and construction companies in claims against the federal government including breach of contracts, delays, changes, Miller Act Bond claims on public projects and bid protests
• Acted as arbitrator for American Arbitration Association in cases under the construction industry rules
• Represented contractors and owners in arbitration and mediation proceedings
• Construction delay and extra work claim relating to subway station, tunneling and track work in the construction of the Washington, DC subway system (4 stations)
• Construction defects, delay claims and changed work claims regarding foundation construction, excavation in concrete work on the construction of three hospitals in Maryland suburbs of Washington, DC
• Defective work, changes and delay claims on construction of hotels, university residents halls, commercial office building, hi-rise condominiums, schools, federal government buildings including post offices, and large residential apartment complexes in Oregon, Washington, DC, Maryland and Virginia