Admitted to Practice | Oregon, 2009 | | District of Columbia, 2001 |
| Marcus Eyth advises and represents foreign and U.S. companies on all aspects of construction and government procurement contracting, commercial transactions and litigation matters. He focuses on contract dispute resolution, including mediation, arbitration and litigation, and has handled a range of multimillion-dollar complex construction disputes, from breach of contract to design and construction defects. Marcus counsels clients on procurement issues, helps negotiate and draft design and construction contracts, and advises on day-to-day contract matters and construction risks. He also maintains a commercial leasing practice, representing tenants and landlords. Selected Experience Developer/owner Ongoing Prosecuting defective construction claim on behalf of condo developer against contractor for claims relating to excessive sound transmission between units. Government contractor Ongoing Counseling of government contractor on ongoing basis on Federal Acquisition Regulations compliance and contracting issues relating to the sale of COTS software and associated services, including issues relating to data rights and license agreements. Architect Ongoing Prosecuting lien claim on behalf of architect against owner/developer for failure to pay for design services performed. Owner Ongoing Defending hospital building owner against prime contractor claims relating to owner’s termination for convenience of an expansion and remodel project. Owner 2010 Prepared and negotiated design and construction contracts on behalf of Pacific Northwest organic grocery store chain for the construction of a new store in Oregon. Owner 2010 Reviewed and revised hospital building owner’s series of custom form contracts for hospital improvements, including design, contractor (large and small project forms) and consultant contracts. Government contractor 2010 Successfully defended government contractor against a $2 million defective design claim brought by a subcontractor/manufacturer relating to the manufacture of transuranic waste containers. After a two-day mini-trial hearing, the neutral entirely rejected the subcontractor’s claims. Subcontractor 2010 Achieved favorable settlement on behalf of a plumbing subcontractor performing work on a condo project; established priority over the lender and recovered principal, interest, attorneys’ fees and costs relating to the prime contractor’s failure to pay amounts due. Government contractor and its subcontractor 2009 Prepared Request for Equitable Adjustment on behalf of government contract subcontractor in association with a pass-through claim to recover damages for increased costs associated with government changes and differing site conditions experienced on a project located in Umm Qasr, Iraq. Owner 2009 Prepared and negotiated construction contract on behalf of building owner in connection with the development and construction of a hotel in Eugene, Ore. General contractor 2009 Achieved favorable settlement on behalf of general contractor performing work on a residential project; established priority over lender and recovered all amounts claimed, including interest, attorneys’ fees and costs relating to bankrupt owner’s failure to pay amounts due. Subcontractor 2009 Achieved favorable settlement on behalf of crane supply and operator subcontractor on Oregon public highway project; recovered principal, interest and attorneys’ fees. U.S. government contractor 2009 Successfully defended a general contractor against an $8.5 million wrongful termination for default claim brought by an international subcontractor related to the construction of an airport hangar project in Iraq. After a two-week International Chamber of Commerce (ICC) arbitration hearing, the termination was deemed justified and the client was awarded reprocurement costs and a substantial amount of attorneys’ fees. Design-build general contractor 2008 Successfully mediated a settlement on behalf of a general contractor involving a $13 million inefficiency claim brought by a plumbing and HVAC subcontractor relating to a government-contract laboratory project located in Colorado. U.S. government contractor 2008 Successfully defended a general contractor against a $38 million wrongful termination for default claim brought by an international subcontractor related to the construction of a runway project in Afghanistan. After a two-week International Chamber of Commerce (ICC) arbitration hearing, the termination was deemed justified and the subcontractor was not rewarded any costs. International engineering firm 2007 Achieved favorable settlement on behalf of engineering client associated with the defense of a $25 million-plus defective-design claim initiated by a general contractor during the construction of a water-treatment plant in Virginia. Counseled client over a three-year period to help administer the project through completion and to strategize and manage the legal issues and claims related to the various adverse parties, including the client’s subconsultants, the public building owner and the general contractor. Government contractor and its subcontractor 2006 Prepared extensive claim documentation (including REAs), and represented subcontractor and general contractor in negotiations and at trial before the ASBCA against the government in association with a pass-through claim to recover damages relating to government changes imposed during the construction and installation of miter gates at a dam on the Ohio River. International engineering firm 2006 Achieved favorable settlement for engineering client relating to a multimillion-dollar impact and inefficiency claim brought by a general contractor and its subcontractor related to a public water-treatment plant project in Washington state. International engineering firm 2005 Successfully defended an engineering client against a multimillion-dollar defective design claim brought by a general contractor relating to the destruction of a reconstructed road and bridge by a cyclone in the Province of Mozambique. General contractor Retained by contractor to review and/or draft and negotiate all of its tenant fit-out and similar contracts ranging in value from $300,000 to more than $5 million. Additional Qualifications
- Associate, Construction and Government Contract Practices, Seyfarth Shaw LLP, Washington, D.C., 2003-2008
- Staff Attorney, Claims Resolution Tribunal, Zurich, Switzerland, 2002-2003
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Professional and Community Activities
- German-American School of Portland, Vice President of the Board, 2009-present
- United States Professional Tennis Association, Professional 1, 1996-2002, 2009-present
- American Bar Association, Forum on Construction Industry
- Association of General Contractors (AGC), Oregon Columbia Chapter
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Education LL.M., International and Comparative Law, Georgetown University Law Center, 2002, with distinction
- Focus on International Construction Law and International Arbitration
J.D., Gonzaga University School of Law, 2001, cum laude
B.A., Psychology, German, University of Vermont, 1996 * Denotes experience completed at a prior firm | |