Law Practice:

Josh’s practice focuses on construction services and litigation, real property disputes, personal injuries, business disputes, environmental claims, and general liability.  Prior to joining the Cosgrave firm, Josh was a partner at a civil litigation firm in West Linn, Oregon.

Representative Cases:

Construction Services and Litigation:

  • Defended a general contractor in a construction defect lawsuit alleging more than $10 million of damages arising from construction of a high school.  The case involved third party claims against numerous subcontractors and an architect.  After many depositions, discovery of hundreds of thousands of documents, and lengthy motion practice, the case was ultimately settled favorably for the contractor.
  • Successfully defended a general contractor in a multi-million dollar suit arising from the construction of a big box commercial building and adjacent strip mall.  After filing claims against numerous subcontractors and material suppliers we reached a favorable settlement for our client.
  • Defended a developer in two lawsuits arising from alleged construction defects at condominium projects at the Oregon coast, totaling approximately $5 million in alleged damages.  Both suits were settled with favorable results for our client.
  • Obtained a defense ruling on summary judgment regarding most of a plaintiff HOA’s claims against the developer of a 197 unit townhome project.  The case ultimately settled for significantly less than the $9.8 million of alleged damages.
  • Successfully avoided a lawsuit on behalf of a general contractor/developer a five unit townhome project, by organizing repairs through the ORS 701 Notice of Defect procedures.  The case was settled pre-litigation without extending the statute of limitations for claims against our client.
  • Defended the developer of a 48 unit condominium project with alleged damages of approximately $3 million.  Based upon successful third party practice and depositions the cases settled for significantly less than the amount claimed.
  • Successfully defended claims against a general contractor and its subcontractors under an OCIP (owner controlled insurance program) policy for a large condominium project at the Oregon coast.  The case involved a punch-list of alleged construction defects more than 70 pages long.  After detailed investigation and expert witness preparation, we were able to reach a favorable settlement for all of the contractors.

Real Estate Disputes:

  • Successfully defended claims against a homeowner arising from the alleged breach of a Christmas tree lease agreement.  With the help of a seasoned Christmas tree expert and aggressive litigation planning, the case reached a favorable settlement for our clients.
  • Defended a homeowner in a property-line dispute in which one neighbor cut down a property-line fence with a chainsaw, among other heated disagreements.  Despite high emotions, a favorable settlement was reached for both sides.
  • Defended a home seller in a claim of non-disclosure and fraud arising from water intrusion and mold in a home.  The seller was the neighbor of the home that she sold, and the case involved exterior security cameras, restraining orders, and alleged gun threats.  Despite very contentious circumstances, we were able to successfully settle the case favorably for our client.

Personal Injury Claims:

  • Represented a personal injury plaintiff in a claim involving a compound leg fracture arising from motorcycle accident.  Obtained a six figure settlement for our client.
  • Defended a church in a negligence claim brought by a plaintiff that suffered a spinal fracture during a faith healing sermon.  The plaintiff suffered her injury while catching another churchgoer who had received the holy spirit.  After a three day jury trial, the jury found that the church had not been negligent, and awarded plaintiff no money.
  • Represented a pedestrian that was struck by a car and suffered significant facial and dental injuries.  The client received a six figure persoanl injury settlement.

Education and Bar Admissions:

Josh graduated Magna Cum Laude from Willamette University in 2002, with a bachelor’s degree in psychology.  He went on to earn his law degree at University of Oregon School of Law in 2006.

Josh was admitted to the Oregon State Bar in 2006 and the United States District Court for the District of Oregon in 2009.

Personal:

My wife and I are both native Oregonians. We enjoy the outdoors, travel, movies, and exploring Portland’s food scene.

Presentations:

“New Construction Home Warranties”
Portland Area Realtors, March 2015