Innovative Litigators
Expert Problem Solvers
Legal Analytics Driven

From the moment we opened our doors, Smith Freed Eberhard has been fearlessly pushing the edge of what’s possible for our clients. We’ve carefully cultivated and developed specialties in our practices and our people to give you the very best: formidable expertise, strategically creative thinking, and litigation guideline adherence. We are your champion, keenly focused on understanding your situation, solving your challenges, and achieving your goals.

Our construction defect team is highly skilled in defending all types of defect claims. This includes: General Contractors / Subcontractors / Developers / Product Liability. We have the specialized knowledge to defend all of the following trades: Carpenter & Framer / Cement & Concrete Finisher / Construction Laborer / Construction Foreman / Electrician / Estimator / Flooring Installer / Siding Contractor / HVAC Tech / Kitchen Designer / Landscaper / Mason / Painter / Pipelayer / Plumber / Roofing Foreman / Roofing Laborer / Roofing Mechanic / Safety Manager / Sheet Metal Worker / Welders.

Our Process

1.
Early & Accurate
Evaluation


2.
On-Time Reporting
throughout the life of the case

3.
Legal Analytics
Proven Results
Paul Sheely
Partner
  • Oregon

Paul has been in practice for over 30 years, with the last 25 years being concentrated in construction defect litigation and other property losses in Oregon and western Washington. Prior to becoming an attorney, Paul had a 10 year career in construction engineering, mechanical design, and project management on commercial construction and public power projects.

Over the past 25 years, Paul has represented subcontractors, general contractors, design professionals, board members, and plaintiffs in litigation related to building envelope failures, structural failures, sub-surface soil issues, failures related to infrastructure, including bridges, roads, and public works in several hundred construction defect lawsuits. Paul has also represented design professionals in engineering and architectural malpractice claims. In addition to construction related claims, Paul has experience in surface water litigation, fire loss, and crop loss cases.

Paul is the lead attorney of Smith Freed Eberhard’s construction defect practice group of five attorneys. Paul has extensive experience in all phases of litigation and all aspects of the risk transfer mechanisms used in an insurance defense practice including complex claims. He has tried multi-week trials involving major construction claims, has handled arbitrations, has argued numerous dispositive motions, and has prosecuted appeals.

Paul enjoys working on his “project house”, walking his dog, and cheering on his daughter’s basketball team.

Paul Sheely
Partner
  • Oregon

Paul has been in practice for over 30 years, with the last 25 years being concentrated in construction defect litigation and other property losses in Oregon and western Washington. Prior to becoming an attorney, Paul had a 10 year career in construction engineering, mechanical design, and project management on commercial construction and public power projects.

Over the past 25 years, Paul has represented subcontractors, general contractors, design professionals, board members, and plaintiffs in litigation related to building envelope failures, structural failures, sub-surface soil issues, failures related to infrastructure, including bridges, roads, and public works in several hundred construction defect lawsuits. Paul has also represented design professionals in engineering and architectural malpractice claims. In addition to construction related claims, Paul has experience in surface water litigation, fire loss, and crop loss cases.

Paul is the lead attorney of Smith Freed Eberhard’s construction defect practice group of five attorneys. Paul has extensive experience in all phases of litigation and all aspects of the risk transfer mechanisms used in an insurance defense practice including complex claims. He has tried multi-week trials involving major construction claims, has handled arbitrations, has argued numerous dispositive motions, and has prosecuted appeals.

Paul enjoys working on his “project house”, walking his dog, and cheering on his daughter’s basketball team.

Brian Schiewe
Partner
  • Washington

Brian Schiewe is an experienced litigator with a diverse legal background that helps him quickly grasp what will dictate a case’s outcome. Brian’s civil litigation practice includes construction defect, catastrophic and personal injury, premises liability, and a variety of commercial litigation matters.

Brian practices out of the firm’s Seattle office and defends individuals and companies of all sizes and industries in courts throughout Washington State.  He routinely represents general contractors and subcontractors in the defense of construction defect claims.  His premises liability experience includes defending retail stores, apartment complexes, restaurants, and other businesses in a variety of claims.  In the personal injury arena, Brian’s experience is diverse and includes vehicle accidents, jobsite injuries, and product liability.

Before attending law school, Brian managed all aspects of litigation support as a paralegal at a Seattle, Washington firm, where he focused primarily on complex litigation and prosecuting class action cases involving corporate fraud and misconduct.

Insights & Thought Leadership

While in law school, Brian was recognized for excelling in written and oral advocacy and was selected as a finalist for the Cheney/Metzger Legal Writing Scholarship and for participation in Seattle University’s Frederic T. Tausend appellate competition. He also built upon his strong research and analytical skills as a Judicial Extern for the United States Bankruptcy Court for the Western District of Washington.

Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Construction Defect Litigation General Litigation Cracked Concrete and Damaged Sheetrock Friday December 20, 2019 By: Cliff Wilson
Success Story Commercial Liability Defense Construction Defect Litigation Premises Liability Avoiding the Septic Storm Friday February 8, 2019 By: Paul Sheely
Success Story Commercial Liability Defense Construction Defect Litigation General Contractors Jobsite Injury Jobsite Injury Claims Dismissed Friday June 26, 2015 By: Firm Authorship
Success Story Construction Defect Litigation A Successful Appeal of OSHA Jobsite Violations Friday June 26, 2015 By: Ryan McLellan
Success Story Construction Defect Litigation General Contractors Running Out The Clock Thursday June 18, 2015 By: Paul Sheely
Success Story Construction Defect Litigation Window Installation Thursday June 18, 2015 By: Paul Sheely
Success Story Construction Defect Litigation Subcontractors Design Defects Thursday June 18, 2015 By: Paul Sheely
Success Story Commercial Liability Defense Construction Defect Litigation Personal Lines Breaking Bad Advice Thursday June 18, 2015 By: Firm Authorship
Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Legal Alert Construction Defect Litigation Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement Thursday August 16, 2018 By: Kyle Riley
Legal Alert Construction Defect Litigation Washington Case Law Update: No Damages Recoverable under New Home Sale Agreement for Improperly Installed… Thursday July 6, 2017 By: Paul Sheely
Legal Alert Construction Defect Litigation Oregon and Washington Case Law Update: Insurance Coverage Cases with “Okay” and “Awful” Results Wednesday May 17, 2017 By: Firm Authorship
on-demand
Webinar Commercial Liability Defense Construction Defect Litigation First & Third Party / SIU General Litigation Professional Lines (EPL,D&O,E&O) Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon Thursday January 11, 2018 By: Jeff Eberhard
on-demand
Webinar Construction Defect Litigation Design Professionals Developers General Contractors Slip and Fall Subcontractors Wrap Policies Surety Oregon & Washington Construction Law Master Class Thursday February 9, 2017 By: Paul Sheely
on-demand
Webinar Commercial Liability Defense Construction Defect Litigation Laying the Foundation: The Basics of Oregon and Washington Construction Law Tuesday January 3, 2017 By: Michael Staskiews
We Play
to Win

The cornerstone of our practice is the representation of developers, general contractors, and select specialty subcontractors in construction defect litigation. We represent developers and contractors throughout Oregon and Washington. The types of clients we represent are involved in developing and building residential communities as well as commercial developments. Their projects include high end custom homes, high density apartments and condominiums, commercial malls, large scale retail outlets, schools, stadiums, and athletic arenas.

Over the years, we have developed a “personal counsel” approach which has allowed us to establish and maintain longstanding relationships with our contractor clients. Using this personal counsel approach, we help develop risk management policies and procedures for our clients. We routinely provide advice and counsel regarding the numerous and often complicated legal problems that arise in the day-to-day operations of our clients’ construction businesses. Our personal approach and willingness to get to know each specific business is valued by our clients because we get to know them and their operation. Ultimately, we can anticipate day-to-day issues that are unique to each client.

Let’s talk

Tell us about your legal challenge.
We’ll tell you how we can help.