Paul Sheely
Partner
Expertise Overview

Paul has been in practice for over 30 years, with the last 25 years being concentrated in construction defect litigation and other property loss in Oregon and western Washington. Prior to becoming an attorney, Paul had a 10 year career in construction engineering, mechanical design, and project management on commercial construction and public power projects.

Over the past 25 years, Paul has represented subcontractors, general contractors, design professionals, board members, and plaintiffs in litigation related to building envelope failures, structural failures, sub-surface soil issues, failures related to infrastructure, including bridges, roads, and public works in several hundred construction defect lawsuits. Paul has also represented design professionals in engineering and architectural malpractice claims. In addition to construction related claims, Paul has experience in surface water litigation, fire loss, and crop loss cases.

Paul is the lead attorney of Smith Freed Eberhard’s construction defect practice group of five attorneys. Paul has extensive experience in all phases of litigation and all aspects of the risk transfer mechanisms used in an insurance defense practice including complex claims. He has tried multi-week trials involving major construction claims, has handled arbitrations, has argued numerous dispositive motions, and has prosecuted appeals.

Paul enjoys working on his “project house”, walking his dog, and cheering on his daughter’s basketball team.

Relevant Cases

Paul successfully handled an appeal of a ruling granting summary judgment, which clarified the start and stop dates for Oregon’s statute of repose in an appeal that went through the Oregon State Supreme Court, Shell v. The Schollander Companies, Inc., 358 Or 552 (2016).

In another matter, Paul represented a large infrastructure company in obtaining a favorable ruling on appeal, in which the court of appeals reversed the granting of a directed verdict and rulings on several evidentiary issues. A.G. Edwards, Inc. v. Northwest Pipeline Corp., No. 14227–2–III, 1996 WL 311866, (Wash. Ct. App. Div. 3 June 6, 1996).

Paul has argued many dispositive motions related to the most commonly litigated areas of construction defect law, including the “Economic Loss Rule”, statutes of limitations and repose, release language in contracts, indemnity clauses, and other areas important to the practice area of construction litigation.

Education

Northern Illinois University College of Law, J.D., 1991
Central Washington University, B.S., Construction Management Technology, 1987
Columbia Basin College, A.E., Engineering Technology, 1979

Professional Certification & Accolades

Member, Oregon State Bar Association
Member, Washington State Bar Association
Admitted, United States District Court, District of Oregon
Admitted, United States District Court, Western District of Washington
Black Belt Trial Advocacy Training Program
Best Lawyers in America - 2019 - 2024
Oregon Super Lawyer - 2018-2020, 2022-2023

Practice Areas
  • Practice Area
    • General Contractors
    • Subcontractors
    • Construction & Development
Bar Admissions
  • Oregon
  • Washington
Success Story Commercial Liability Defense Construction & Development Premises Liability Avoiding the Septic Storm Friday February 8, 2019 By: Paul Sheely
Success Story Construction & Development General Contractors Running Out The Clock Thursday June 18, 2015 By: Paul Sheely
Success Story Construction & Development Window Installation Thursday June 18, 2015 By: Paul Sheely
Success Story Construction & Development Subcontractors Design Defects Thursday June 18, 2015 By: Paul Sheely
Legal Alert Construction & Development Washington Case Law Update: No Damages Recoverable under New Home Sale Agreement for Improperly Installed… Thursday July 6, 2017 By: Paul Sheely
on-demand
Webinar Construction & Development Design Professionals Developers General Contractors Slip and Fall Subcontractors Wrap Policies Surety Oregon & Washington Construction Law Master Class Thursday February 9, 2017 By: Paul Sheely
Legal Alert Construction & Development General Contractors Oregon Construction Case Law Update: Prior Continuous Property Damage Will Trigger Policy Wednesday September 28, 2016 By: Paul Sheely
Legal Alert Construction & Development Oregon Case Law Update: Subsequent Purchaser of Real Property can Sue for Preexisting Property Damage Wednesday July 20, 2016 By: Paul Sheely
Legal Alert Construction & Development Washington Case Update: Court Finds Breach of Independent Duty Even without Actual Property Damage Tuesday May 24, 2016 By: Paul Sheely
Legal Alert Construction & Development General Contractors OR Case Update: Which 10-Year Statute of Repose Will Apply to a “Spec” Home Purchase? Thursday February 25, 2016 By: Paul Sheely
Legal Alert Commercial Liability Defense Oregon Case Update: My Fault is Only Passive, so Pay My Defense Costs Wednesday May 28, 2014 By: Paul Sheely
Legal Alert Automotive Defense Commercial Liability Defense Construction & Development First & Third Party / SIU Personal Lines Oregon Case Update: My Fault is Only Passive, so Pay My Defense Costs Wednesday May 28, 2014 By: Paul Sheely
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