Rizzo Mattingly Bosworth represents developers, general contractors, subcontractors, building products manufacturers, and real estate sales professionals in all aspects of construction litigation. Our clients are involved in a range of construction projects, from single family residences up to the largest condominium complex on the Oregon coast. We have represented many general contractors and specialized subcontractors in a variety of cases involving structural damage, mold, dust, water intrusion, and EIFS. Whether the case requires a litigator or a coverage lawyer, our attorneys have the skill and experience to meet our clients’ needs.

Construction is a dynamic practice, requiring familiarity with a variety of tort, contract, regulatory, and warranty issues. Given the breadth and complexity of construction litigation, we understand that each claim has the potential to incur significant expenses. We work together with clients to develop and carry out efficient and powerful case strategies that take into account the relative risk of each case while maximizing opportunities for a favorable resolution. These opportunities are further enhanced by our relationships with prominent construction experts, mediators, and attorneys in the field, allowing us to achieve litigation goals informally while avoiding the time and expense of protracted litigation or complicated motion practice. Nevertheless, when necessary to accomplish a client’s goals or objectives, we are broadly experienced in preparing cases and trying them to verdict.

• Successfully defended a developer and general contractor of a condominium project on the Oregon coast. More +
  Plaintiffs claimed structural and cosmetic damage to their neighboring property during the installation of steel sheet piles that supported the condominium's foundation. Plaintiffs alleged that subsurface vibration generated during installation of the panels weakened their foundation and caused structural damage. Working closely with structural and geotechnical engineers, we determined that plaintiffs sustained only modest cosmetic damage, and not structural damage. The case settled at trial for our original offer.
• Awarded summary judgment on a $10 million Employer's Liability Law claim involving a paraplegic injury during the construction of our client's recording studio. More +
  When personal injuries occur on a construction site, Oregon common law intersects with a century-old Employer's Liability Law statute, which can greatly expand the scope of a contractor's liability and damages exposure. We focused on the legal relationship between plaintiff's employer and our client, challenging plaintiff's legal status as an "employee" of the client. The trial court granted our motion for summary judgment, dismissing plaintiff's complaint.
• Successfully defended a roofing subcontractor in a claim brought by the developer of a large Washington condominium complex. More +
  The developer sued numerous subcontractors, alleging faulty workmanship. We organized a roofing subcontractor group and developed a unified defense to the claim of faulty workmanship. Roofing-related damages were minimized and, as a result, we were able to resolve the claim against our client for less than 2% of an estimated Scope of Repair prepared by a neutral party.
• Successfully defended a framing subcontractor in a multi-million dollar claim involving the construction of an Oregon assisted care facility. More +
  Excess weight from installation of light concrete flooring caused the facility's flooring to deflect. Based on our investigation, we established that the deflection and resulting damage were primarily attributable to the architect's design and the general contractor's faulty selection of material. We sought contribution from those parties, and our client was able to reach a reasonable settlement at mediation and avoid further expense.
• Obtained judgment against a Canadian EIFS manufacturer on behalf of a general contractor. More +
  Our client, a general contractor, was sued for water-intrusion damages on an EIFS-clad home. The Canadian EIFS manufacturer would not participate in the litigation, and we obtained a default judgment. We associated with Canadian counsel to register the Oregon judgment in Canada and collect on it. After deducting the monies received from the EIFS manufacturer, our client's net settlement was nominal in comparison to the damages recovered by the plaintiff from other parties.
• Successfully mediated claims against a lumber manufacturer in the collapse of a Washington apartment complex. More +
  The studs milled by our client warped and twisted, causing a partial collapse that resulted in significant delay, consequential damages, and property-related damage. Plaintiff, a homeowner's association, alleged the studs were not properly kiln-dried; our client contended that the general and the framing subcontractor failed to protect the studs from rain and standing water after they were delivered to the site. We examined the site and the client's manufacturing facility on the Olympic Peninsula and retained materials experts to assist in the investigation. As a result, the client was able to reach a favorable resolution in mediation well in advance of trial.