Brent Carpenter

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Brent Carpenter

OVERVIEW

From contract negotiation, through contract administration, to dispute resolution, Brent Carpenter represents general contractors, subcontractors, and suppliers in all stages of public and private construction projects throughout the Pacific Northwest.

Brent’s construction law experience includes negotiating and drafting private contracts, guiding clients through the public procurement process, including bid protests, and assisting in contract administration. With attention to detail and thoroughness, he also prepares, prosecutes, defends against, and resolves a variety of claims, including bond, lien, differing site conditions, and delay claims.

Brent also has extensive experience representing government contractors—in industries other than construction—in bid protests and contract administration disputes with local, state, and federal governments. No matter the industry, Brent adeptly guides clients through the bid protest and claims processes.

In all cases, Brent intentionally listens and observes to identify issues before they become disputes. However, if the need to litigate arises, Brent is prepared to effectively and efficiently resolve disputes through settlement, alternative dispute resolution, or litigation. Remaining level-headed is his key to successful litigation, and Brent’s clients appreciate the fact that he maintains perspective and remains calm, even in the most intense disputes. Further, Brent’s clients describe him as easy to talk to, responsive to their needs, and skilled at writing and advocacy.

Brent’s background running a small business gives him valuable insight to the priorities of his clients’ businesses and he strives to keep those priorities in mind when representing clients. In addition to his busy practice, Brent serves as the Chair of the firm’s Construction Practice Group, which collectively offers the decades of experience needed to successfully navigate complex construction law and government contracts issues.

When not practicing law, Brent enjoys trail running, hiking, biking, and skiing with his wife and daughter.

 

Education

  • B.A., New York University, cum laude, 1995
  • J.D., Lewis and Clark Law School, 2009

Admissions

  • State of Oregon
  • State of Washington
  • U.S. Court of Federal Claims
  • U.S. Federal Circuit Court of Appeals
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Oregon
  • U.S. District Court, Western District of Washington

Membership and Activities

  • American Bar Association, Public Contracts Law Section
  • Court of Federal Claims Bar Association
  • Northwest Utility Contractors Association
  • Asphalt Pavement Association of Oregon
  • Associated Builders and Contractors
  • Associated General Contractors of America

Presentations

  • AIA Contract Document Workshop, HalfMoon Education Inc., July 2018
  • “Representing Subcontractors in Litigation,” Oregon Construction Law Seminar, September 2015
  • 2013 AIA Contracts Seminar: Dispute Resolution and Waiver of Consequential Damages

RESOURCES

Constructive Change: Getting Compensated for Changed Work in the Absence of a Written Change Order

May 6, 2022

Most construction contracts contain a provision requiring a written change order as a condition precedent to payment for changed work. However, even in the absence of a written change order, a contractor may be entitled to payment, as an equitable adjustment to the contract price, for changed work under the legal theory of constructive change.

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Variations in Estimated Quantities on Construction Projects

January 25, 2022

Owners typically provide an estimate of the necessary quantities in the bid package in order to guide the contractor in bid preparation. However, many contractors have experienced situations in which the actual quantities varied from the quantity estimate provided by the owner.

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Material Cost Escalations: Who Pays for Them?

December 29, 2021

If the contract does not provide for, or prohibits, contractor claims for material cost escalations, the contractor may be liable for the escalation. Further, if material delivery delays in turn delay the project, a contractor could face the assessment of liquidated damages.

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