Innovative Litigators
Expert Problem Solvers
Legal Analytics Driven

From the moment we opened our doors, Smith Freed Eberhard has been fearlessly pushing the edge of what’s possible for our clients. We’ve carefully cultivated and developed specialties in our practices and our people to give you the very best: formidable expertise, strategically creative thinking, and litigation guideline adherence. We are your champion, keenly focused on understanding your situation, solving your challenges, and achieving your goals.

Our construction defect team is highly skilled in defending all types of defect claims. This includes: General Contractors / Subcontractors / Developers / Product Liability. We have the specialized knowledge to defend all of the following trades: Carpenter & Framer / Cement & Concrete Finisher / Construction Laborer / Construction Foreman / Electrician / Estimator / Flooring Installer / Siding Contractor / HVAC Tech / Kitchen Designer / Landscaper / Mason / Painter / Pipelayer / Plumber / Roofing Foreman / Roofing Laborer / Roofing Mechanic / Safety Manager / Sheet Metal Worker / Welders.

Our Process

1.
Early & Accurate
Evaluation


2.
On-Time Reporting
throughout the life of the case

3.
Legal Analytics
Proven Results
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
public domain condemnation Success Story Construction & Development General Litigation Cracked Concrete and Damaged Sheetrock Friday December 20, 2019 By: Cliff Wilson
avoiding the septic storm Success Story Commercial Liability Defense Construction & Development Premises Liability Avoiding the Septic Storm Friday February 8, 2019 By: Paul Sheely
Success Story Commercial Liability Defense Construction & Development General Contractors Jobsite Injury Jobsite Injury Claims Dismissed Friday June 26, 2015 By: Firm Authorship
Success Story Construction & Development A Successful Appeal of OSHA Jobsite Violations Friday June 26, 2015 By: Ryan McLellan
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
Success Story Commercial Liability Defense Construction & Development Personal Lines Breaking Bad Advice Thursday June 18, 2015 By: Firm Authorship
Legal Alert Construction & Development General Contractors General Litigation Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience Wednesday July 21, 2021 By: Ashley Nagrodski
Legal Alert Commercial Liability Defense Construction & Development Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence Tuesday May 25, 2021 By: Gordon Klug
Legal Alert Construction & Development Developers General Contractors Subcontractors A Contractor May Be Able to Escape Liability for Construction Defects but Only if the Defects Solely Resulted from the Deficient Plans or Specifications Wednesday October 28, 2020 By: Michael Staskiews
Legal Alert Construction & Development General Contractors Subcontractors Washington Court of Appeals Addresses when a Construction Contract Can and Cannot be Terminated Without a Remedy Period Wednesday August 26, 2020 By: Michael Staskiews
Legal Alert Commercial Liability Defense Construction & Development First & Third Party / SIU General Litigation Personal Lines Professional Lines (EPL,D&O,E&O) Oregon Supreme Court Issues Final Determination – Oregon’s $500,000 Noneconomic Damages Cap is Gone, at Least for Those Not Gone. Monday August 17, 2020 By: Jeff Eberhard
Legal Alert Commercial Liability Defense Construction & Development First & Third Party / SIU General Litigation Personal Lines When Good Lawyers go Bad: Washington Supreme Court Defines “Substantially Related” Within The Washington Rules of Professional Conduct Wednesday August 12, 2020 By: Gordon Klug
Legal Alert Commercial Liability Defense Construction & Development General Litigation Personal Lines Professional Lines (EPL,D&O,E&O) Oregon Extends Statutory Limitations Period on Most Civil Claims Due to COVID-19 Thursday July 16, 2020 By: Jeff Eberhard
Legal Alert Commercial Liability Defense Construction & Development General Litigation Personal Lines Oregon Court of Appeals Determines that Dismissal Without Prejudice Does not Necessarily Deprive a Plaintiff of their Day in Court. Thursday April 16, 2020 By: Cliff Wilson
Legal Alert Commercial Liability Defense Construction & Development General Litigation Personal Lines Wrongful Death Washington Court of Appeals Reverses Summary Judgment Ruling After Defining the Scope of Foreseeability and Causation in Negligence-Based Cases Thursday April 9, 2020 By: Thomas McCurdy
Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Legal Alert Construction & Development Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Thursday August 16, 2018 By: Kyle Riley
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
Legal Alert Construction & Development Oregon and Washington Case Law Update: Insurance Coverage Cases with “Okay” and “Awful” Results Wednesday May 17, 2017 By: Firm Authorship
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 Commercial Liability Defense Construction & Development General Contractors Jobsite Injury Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability Thursday August 25, 2016 By: Firm Authorship
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: Unambiguous Policy Avoids Large Payout Friday June 17, 2016 By: Kyle Riley
Legal Alert Commercial Liability Defense Construction & Development Negligence Subcontractors Oregon Case Update: The Silent Complaint: Does Subcontractor’s Insurer have Duty to Defend Where Complaint Fails to Allege Subcontractor’s Negligence? Thursday June 2, 2016 By: Firm Authorship
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 Automotive Defense Commercial Liability Defense Construction & Development OR Case Update: Putting that Final Nail in the Coffin: When will Duplicative Litigation be Barred? Thursday April 7, 2016 By: Josh Hayward
Legal Alert Construction & Development General Contractors Subcontractors OR Case Update: When is a Court Incorrect in Awarding Specific Fees? Thursday March 3, 2016 By: Cliff Wilson
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 Construction & Development OR Case Update: Oregon Court Clears the Path for Covenant Judgments Thursday February 4, 2016 By: Firm Authorship
Legal Alert Commercial Liability Defense Construction & Development OR Case Update: Broad Pleading Triggers Duty to Defend Additional Insured in Construction Defect Case Under “Ongoing Operations” Endorsement Thursday October 29, 2015 By: Firm Authorship
Legal Alert Commercial Liability Defense Construction & Development First & Third Party / SIU Oregon Case Update: Court Refuses to Reform Policy to Allow Recovery of $18 Million Verdict Thursday April 9, 2015 By: Jeff Eberhard
on-demand
Webinar Commercial Liability Defense Construction & Development First & Third Party / SIU General Litigation Professional Lines (EPL,D&O,E&O) Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon Thursday January 11, 2018 By: Jeff Eberhard
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
on-demand
Webinar Commercial Liability Defense Construction & Development Laying the Foundation: The Basics of Oregon and Washington Construction Law Tuesday January 3, 2017 By: Michael Staskiews
on-demand
Webinar Bad Faith Commercial Liability Defense Construction & Development Cyber Liability First & Third Party / SIU Personal Lines Professional Lines (EPL,D&O,E&O) The Art of Arbitration: Strategically Structuring Your Case in Washington Wednesday August 12, 2015 By: Kyle Riley
on-demand
Webinar Commercial Liability Defense Construction & Development First & Third Party / SIU Personal Lines 2014 – A Year End Review – Washington Edition Wednesday August 12, 2015 By: Josh Hayward
on-demand
Webinar Commercial Liability Defense Construction & Development First & Third Party / SIU Personal Lines Professional Lines (EPL,D&O,E&O) 2013 – Washington Cases Law Update Wednesday February 19, 2014 By: Josh Hayward
We Play
to Win

The cornerstone of our practice is the representation of developers, general contractors, and select specialty subcontractors in construction defect litigation. We represent developers and contractors throughout Oregon and Washington. The types of clients we represent are involved in developing and building residential communities as well as commercial developments. Their projects include high end custom homes, high density apartments and condominiums, commercial malls, large scale retail outlets, schools, stadiums, and athletic arenas.

Over the years, we have developed a “personal counsel” approach which has allowed us to establish and maintain longstanding relationships with our contractor clients. Using this personal counsel approach, we help develop risk management policies and procedures for our clients. We routinely provide advice and counsel regarding the numerous and often complicated legal problems that arise in the day-to-day operations of our clients’ construction businesses. Our personal approach and willingness to get to know each specific business is valued by our clients because we get to know them and their operation. Ultimately, we can anticipate day-to-day issues that are unique to each client.

Let’s talk

Tell us about your legal challenge.
We’ll tell you how we can help.