Joshua R. Kennedy

Law Practice:

Josh focuses his law practice on construction services, construction litigation, product liability, and real estate litigation and has represented contractors, developers, design professionals, and property owners in a wide variety of circumstances. He has spent significant time in the courtroom and has tried dozens of jury trials through verdict. He also has a proven track record of negotiating favorable results for clients in contract and settlement negotiations, often involving high stakes and numerous interested parties.

Josh’s practice includes:

• Civil litigation of construction, professional liability, real estate, business, product liability, and other disputes;
• Negotiating and drafting construction contracts, lien releases, settlement agreements, waivers, warranties, tolling agreements, and other contractual documents;
• Interfacing with and providing legal advice to corporate general counsel in Oregon and other jurisdictions;
• Assisting clients to establish and maintain appropriate contractual systems, standards, and processes;
• Risk management, insurance, and business structuring analysis and advice;
• Monitoring of legal, regulatory, and administrative developments and advice regarding compliance; and
• Creative problem solving for clients in a wide variety of other circumstances.

Representative Cases:

Construction Services and Litigation:

• Defended the general contractor in a construction defect lawsuit alleging more than $10 million of damages arising from alleged construction and design defects at a new high school. After successful depositions and complex motion practice, the case was settled favorably for our client.
• Successfully defended a general contractor in a multi-million dollar suit arising from the
  design and construction of a big box commercial building and adjacent strip mall. Through effective prosecution of 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.