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Marcus Eyth
Partner
Marcus chairs the firm's construction and government contracts group. He advises and represents project owners, designers, and contractors on all aspects of private and public construction and supply contracting. He drafts and negotiates construction and design contracts, assists clients with 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 including contractor terminations, differing site conditions claims, delay and acceleration claims, design and construction defect claims and construction lien foreclosures. He counsels clients on procurement issues, including contract reviews, bid protests, navigating the FARs and local regulations unique to public contracting, and prepares and prosecutes requests for equitable adjustment and claims.
Contract Drafting and Project Counseling
Contract drafting for developer
Retained by developer to prepare and negotiate architect agreement and construction contract for construction of $100 million senior living apartment facility in Oregon. (2022)
Contract drafting for hospital owner
Retained by hospital owner to prepare and negotiate $80 million construction contract for hospital remodel and partial new construction project in California and to counsel client during construction. (Ongoing)
Contract drafting for hotel owner
Prepares and negotiates design and construction contracts on behalf of California hotel owner ranging from $300,000 interior remodel scopes to $100 million ground up construction projects. (Ongoing)
Contract drafting for general contractor
Represents general contractor in Oregon and Washington in preparing subcontracts and advising on project issues with public owners and subcontractors. (Ongoing)
Contract drafting for global sport company
Prepares design, project management, and construction contracts for Oregon based global sport company for projects ranging from $12 million warehouses to $200 million campus renovation projects. (Ongoing)
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Construction Litigation
Construction defect lawsuit representing hospital owner
Litigating $26 million construction defect claim on behalf of hospital owner against prime contractor and multiple subcontractors in connection with widespread new building flooring failures. (Ongoing)
Defective design/construction dispute representing hotel owner
Prosecuting claim against architect and construction contractor on behalf of hotel owner in connection with water intrusion issues related to spa, pool, windows and doors construction. (Ongoing)
Extra work and delay claims representing subcontractor
Represented steel fabrication and erection subcontractor in prosecuting $22 million delay and extra work claims against design-builder and defending $40 million claim in alleged delay damages in connection with major airport construction project in Washington. (2023)
Change order dispute for hospital owner
Represented hospital owner in mediation and arbitration against large change order claim submitted by general contractor, including several pass-through subcontractor claims. (2019)
Mechanics lien defense for lender
Defended five lien claims and foreclosure actions for lender in connection with construction of an airplane bio-fuel facility, including successful dismissal of largest lien claim via motion for summary judgment. (2023)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Government Contracts
Government contractor delay claims
Representing Belgian general contractor in preparing REA related to design changes and delays in connection with civil works construction at a U.S. air base in Belgium. (Ongoing)
Changes and delay claims for government subcontractor
Represented steel subcontractor in preparation of REA related to design changes and delays and prosecuting pass-through claim in coordination with general contractor in connection with construction of LRDR Radar Building at Clear Air Force Base in Alaska. (2022)
Government contractor claims and contract counseling
Representing German general contractor performing construction and maintenance work on U.S. military bases in Germany, Poland, and Italy in connection with contract interpretation, RFP issues, claims, and general project counseling. (Ongoing)
Government contractor claims and contract counseling
Representing Italian general contractor performing construction work on U.S. military bases in Italy, including preparation of REAs, assistance with day-to-day project issues, and claims. (Ongoing)
Bid protest representing public contractor
Successfully represented Italian public contractor in bid protest in connection with U.S. government procurement to perform general contractor services at army base in Italy. (2020)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice
- Washington, 2012
- Oregon, 2009
- District of Columbia, 2001
- U.S. District Court, District of Oregon, 2011
- U.S. District Court, District of Colorado, 2008
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
Languages
- German
Memberships & Affiliations
- Vice President of Board, 2010-2013; President of Board, 2013-2018, Chair of Building Committee and Legal Counsel, 2018-2023 – German International School (Portland, Ore.)
- United States Professional Tennis Association, Elite Professional, 1996-2002, 2009-present
- Tennis Instructor and Men's Tennis Coach, Gonzaga University, 1998-2001; Pacific University, 2011-2014
- American Bar Association, Forum on Construction Industry
- Association of General Contractors (AGC), Member of Legal Operating Committee, Oregon Columbia Chapter
Professional Recognition
- Named as one of the "Best Lawyers in America" in Construction Law by Best Lawyers, 2018-present
Background
- 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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Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More Presentation
06.02.21
Presentations
Construction & Design
"Suspensions and Terminations," Construction Project Scheduling & Delay Claims, The Seminar Group Read More Publications
05.04.21
News
Government Contracts
Quoted in "Border Wall Builders Lack Court Options For Canceled Deals," Law360 Read More External LinkClassroom
11.02.20
Insights
Terminations
Rarely Used "Constructive Termination for Convenience" Argument Disposes of Contractor Claim Read More COVID-19 cells
04.24.20
Insights
Government Contracts
Board Determines Virus Is Excusable but Non-Compensable Delay Read More 06.03.15
Presentations
Construction & Design
"Pre- and Post- Termination Claims and Against Defaulting Contractors," Construction Default Rights And Remedies, The Seminar Group
Publications
09.26.12
Publications
Government Contracts
"Government Contracting: An Opportunity in a Down Economy," Daily Journal of Commerce Read More External LinkPublications
10.26.11
Publications
Real Estate
"PPPs: An Opportunity to Jump-start Infrastructure Projects in a Down Economy," Daily Journal of Commerce Read More External Link06.24.11
Presentations
"Oregon Construction Lien Law," Continuing education class, Salem Contractors Exchange, Salem, Ore.
Publications
05.26.10
Publications
Construction & Design
"Navigating the Waters of Insurance Policies for Condo Construction Projects," Daily Journal of Commerce Read More External LinkPublications
10.22.09
Publications
Construction & Design
"One Question: Where Did All the Money Go," Daily Journal of Commerce Read More
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