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DWT
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Admitted to Practice

  • Oregon, 2009
  • District of Columbia, 2001
  • Washington, 2012
  • U.S. District Court District of Oregon, 2011
  • U.S. District Court District of Colorado, 2008

Languages

  • German

Marcus Eyth

EythMarcus
Partner
T503.778.5324
F503.778.5299

Marcus advises and represents project owners, designers, contractors and construction managers on all aspects of private and public construction and supply contracting. His practice includes drafting and negotiating construction and design contracts, assisting clients on day-to day project issues and dispute resolution, including mediation, domestic and international arbitration (including ICC) and litigation. Marcus has prosecuted and defended a range of multimillion-dollar complex construction disputes involving contractor terminations, differing site conditions claims, delay and change order claims, design and construction defect litigation and lien claims. He counsels clients on procurement issues, including contract reviews, bid protests, navigating the FARs and local regulations unique to public contracting, and preparing and defending claims including requests for equitable adjustment.

Representative Experience

Construction Contract Drafting

Contract drafting for health care owner

Prepare and negotiate contracts on behalf of provider of mental health and housing services in connection with build-outs of facilities and leasing needs. (Ongoing)

Contract drafting for hospital owner

Retained by hospital owner to review and negotiate construction, design, consulting and vendor agreements ranging in size from $150,000 to $40,000,000. (Ongoing)

Contract drafting for hotel owner

Prepared and negotiated design and  construction contracts on behalf of building owner in connection with the development and construction of a hotel in Palo Alto, Calif. (Ongoing)

Contract drafting for general contractor

Review and negotiate construction contracts for public contractor in connection with fire station and school projects in Oregon and Washington. (2009-present)

Contract drafting for grocery store owner

Prepared and negotiated design and construction contracts on behalf of Pacific Northwest organic grocery store chain for the construction and expansion of stores in Oregon. (2013)

Contract drafting for architecture firm

Prepared and negotiated design contract on behalf of architect in connection with the design of natural gas utilities project. (2012)

Contract drafting for restaurant tenant

Prepared and negotiated construction contract on behalf of restaurant owner (owner of the first certified, sustainable sushi restaurant in the world) for the construction of a new restaurant location in Oregon. (2012)

Construction contracts for 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.

Construction Litigation

Changes and delay claim for hospital owner

Defended building owner against $1.5 million change order dispute and delay claim submitted by subcontractor and passed-through by general contractor. (Ongoing)

Defective design/construction dispute representing contractor

Defended roofing subcontractor against $3 million defective construction claim brought by public building owner and general contractor relating to water intrusion. (2013)

Change order dispute for hospital owner

Defended hospital building owner against $4 million change order claim submitted by subcontractor and passed-through by general contractor. (2012)

Changes and delay claim for hotel owner

Defended hotel building owner against architect and contractor liens and change order claims while prosecuting delay claim. (2012)

Mechanics lien for architect

Prosecuted lien claim on behalf of architect against owner/developer for failure to pay for design services. (2012)

Defective design/construction dispute for developer/owner

Prosecuted defective construction claim on behalf of condo developer against contractor for claims relating to excessive sound transmission between units. (2011)

Termination for convenience for hospital owner

Defended hospital building owner against prime contractor claims relating to owner's termination for convenience of an expansion and remodel project. (2011)

Defective design/construction dispute for government contractor

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. (2010)

Defective design claim for hospital owner

Prosecuted defective design claim against architect on behalf of hospital owner in connection with remodel expansion project. (2011)

Mechanics lien for subcontractor

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. (2010)

Changes (differing site conditions) and delay claim for government contractor and its subcontractor

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. (2009)

Mechanics lien for general contractor

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. (2009)

Termination for default for U.S. government contractor*

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. (2009)

Subcontractor inefficiency and delay claim for design-build general contractor*

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. (2008)

Termination for default for U.S. government contractor*

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. (2008)

Defective design/construction dispute for international engineering firm*

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. (2007)

Defective design/construction dispute for international engineering firm*

Successfully defended an engineering firm 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. (2005)

Government Contracts

Government contracts counseling

Counseling of government contractor 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. (Ongoing)

Bid protest representing public contractor

Represented telecommunications contractor who was not awarded the contract for the provision of telecommunications services and equipment to the Oregon Department of Corrections. Representing same contractor in appeal of bid protest denial. (2012)

Bid protest representing public contractor

Represented aviation logistics company who was not awarded the contract for the provision air terminal and ground services at Kuwait International Airport, Kuwait City, Kuwait under a solicitation issued by USTRANSCOM. (2011) 

Public bond claims for subcontractor

Achieved favorable settlement on behalf of crane supply and operator subcontractor on Oregon public highway project; recovered principal, interest and attorneys' fees. (2009)

Changes and delay claims for government contractor and its subcontractor*

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. (2006)
* Denotes experience completed at a prior firm

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

Professional & 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
  • Tennis Instructor and Assistant Men’s Tennis Coach, Pacific University, Forest Grove, Oregon, 2011-present
  • American Bar Association, Forum on Construction Industry
  • Association of General Contractors (AGC), Member of Legal Operating Committee, Oregon Columbia Chapter