Kenneth P. Childs
Experience
Litigation
Kip Childs has practiced with Stoel Rives LLP since 1988. He has a litigation practice
that focuses primarily upon the areas of insolvency, bankruptcy, commercial law and
construction, and he regularly practices in the states of Oregon, Washington and
Idaho. He has conducted more than 85 trials and arbitrations, and participated in
several hundred mediations and settlement conferences. He has published numerous
articles on various legal topics; is a frequent speaker at bar and industry seminars; has
been active in several bar committees, sections and activities; and has donated
hundreds of hours of pro bono services to under-represented clients. Kip takes a
focused and practical approach to guiding clients through litigation.
Of Counsel
Workout & Restructuring
Portland, OR
Kip has extensive experience conducting commercial real estate foreclosures; drafting
(503) 294-9409 direct
loan workout, forbearance and extension agreements; representing both secured and
(503) 220-2480 fax
unsecured creditors in all types of bankruptcy matters; and litigating fraudulent
conveyance actions and commercial law disputes.
Construction & Design
Kip is also heavily involved in litigating construction defect, delay, impact and design
kip.childs@stoel.com
Education

University of Wisconsin Law School,
J.D., 1983
claims; advising clients on insurance coverage issues; and assisting clients with
Managing Editor, Wisconsin
negotiating and drafting construction and design contracts. He has represented clients
International Law Journal, 1982-1983
in several multi-party and multi-claim lawsuits, conducted numerous trials and
Member, Jessup International Moot
Court team, 1982
arbitrations, and assisted numerous clients in negotiating and drafting complex
settlements.

Representative Work
Admissions
Workout & Restructuring

Oregon

Idaho

Washington

U.S. District Court for the District of

Represented purchaser of an FDIC loan portfolio ($3.5 billion) in liquidating
multiple commercial loans and foreclosing upon multiple commercial properties
in Oregon, Washington and Idaho.

Represented large national loan servicer in numerous matters involving loan
workouts, commercial foreclosures and bankruptcies.

Represented lender in negotiating loan forbearance agreements for multiple
commercial loans to a large hotel chain.

Represented receiver appointed by the State of Oregon in taking over and selling
one of Oregon's largest real estate brokerage firms.
Colgate University, B.A., 1978
Oregon

U.S. Court of Appeals for the Ninth
Circuit
Kenneth P. Childs

Represented secured lender in recovering a fleet of over 60 tanker trucks in a borrower's Chapter 11 bankruptcy reorganization.

Represented lender in foreclosing upon and recovering a resort and associated golf course, restaurants and retail
establishments.

Represented bank in defeating priority claims and recovering several million dollars' worth of collateral in corporate borrower's
Chapter 11 bankruptcy.

Represented Canadian bank in locating, arresting and recovering a large charter fishing vessel that had been secreted out of
Canadian waters.

Represented heavy-equipment supplier in recovering collateral and prosecuting claims in distributor's bankruptcy reorganization
arising out of distributor's multiple sales out-of-trust.

Represented two large real estate developers in negotiating and resolving multiple retail lease defaults at numerous shopping
centers.

Represented bank in defending multimillion-dollar lender liability claims arising out of funding provided for the development of
a resort and golf course.
Construction & Design

Represented real estate development company in prosecuting multiple construction defect claims ($10 million) relatin g to the
construction of six commercial office buildings.

Represented school district in arbitration proceeding (two-week arbitration hearing) in both prosecuting delay claims ($1
million) and defending multiple change order claims ($4 million) arising out of the construction of two new high schools and one
new middle school.

Represented contractor in arbitration proceeding (four-week arbitration hearing) in prosecuting various change order claims ($2
million) and defending multiple defect and delay claims ($4 million) arising out of the construction of a new high school.

Represented contractor in combined lawsuit and arbitration (one-week arbitration hearing) involving various change order
claims and multiple defect claims relating to the construction of a luxury hotel.

Represented individual in arbitration proceeding (one-week arbitration hearing) in prosecuting claims ($3 million) and defending
counterclaims ($7 million) relating to the split-up of a real estate development corporation.

Represented winery owner in lawsuit seeking recovery of the costs ($1 million) for tearing off and replacing defective stucco
system.

Represented developer in lawsuit (one-week trial) over enforcement of construction lien claims ($6 million) resulting from the
lender's decision to cut off financing.

Represented contractor in arbitration proceeding (one-week arbitration hearing) involving numerous defect and change order
claims relating to construction of a riding arena and related structures.

Represented owner in lawsuit involving multiple water intrusion claims ($8.5 million) relating to two apartment complexes of 14
buildings and 260 units.
Kenneth P. Childs

Represented owner in lawsuit involving extensive building envelope and water damage claims ($8 million) relating to a
22‑ building, 711‑ unit apartment complex.

Represented homeowner in arbitration proceeding (10-day hearing) resulting in a $1 million arbitration award for cost overruns
on a residential renovation project.

Represented architect in lawsuit involving claims by owner associated with corrections and repairs to 180-unit apartment
complex that were necessitated by ADA requirements.
Pro Bono Legal Work

Represented Oregon death-row inmate in a post-conviction relief proceeding that resulted in the inmate's death sentence being
vacated and replaced with a life sentence.

Represented numerous pro bono clients on a wide variety of legal matters.
Professional Honors and Activities

Coeditor in Chief, Civil Litigation Manual, Oregon State Bar, 2004, 2009

Chairperson, Construction Section's AIA Contract Review Committee, Oregon State Bar, 2004

Chairperson, Debtor-Creditor Section's Bankruptcy Review Committee, Oregon State Bar, 1996

Executive Committee, Debtor-Creditor Section, Oregon State Bar, 1993-1995

Editor in Chief, Oregon Debtor Creditor Newsletter, 1991-1992

Pro Bono Committee, Oregon State Bar, 1988-1991
Presentations

"The Evolving World of Construction Defects," The Seminar Group, 2007-2012

"Construction Defects, Water Intrusion and Other Calamities," The Seminar Group, 2006

"Avoiding Professional Liability Actions," Half Moon Seminar, 2005

"Plaintiffing the Water Leak Case in Oregon," Lorman Education Services, 2002, 2003, 2004

"Construction Defects — Avoidance, Monitoring and Resolution," Lorman Education Services, 2004

"The Owner's Perspective on Construction Defects," Lorman Education Services, 2004

"Litigating Change Order Disputes," Lorman Education Services, 2003

"Defending Preference Claims," Oregon State Bar Debtor-Creditor Section Annual Meeting, 1996

"Successful Judgment Collections in Oregon," National Business Institute, Inc., 1995
Publications

"Civil Trials Are Disappearing in the U.S.," Daily Journal of Commerce and Idaho Business Review, Aug. 2013
Kenneth P. Childs

"May a Contractor Sue the Owner's Lender?" Daily Journal of Commerce, Dec. 2012

"Contractor Licensing and Lien Rights," Daily Journal of Commerce, Dec. 2011

"Mediation Process Can Be Refined," Daily Journal of Commerce, 2010

"Dealing with Developer Insolvencies," Daily Journal of Commerce, 2009

"Owners Often Bear Costs of Construction Defects," Daily Journal of Commerce, 2008

"Is the Building Industry Broke?" Daily Journal of Commerce, 2007

"Oregon Legislature, Construction Industry Miss Opportunities," Daily Journal of Commerce, 2007

"Washington, a Model for Construction Defect Solution," Daily Journal of Commerce, 2006

"As Condo Market Booms, So Does Litigation," Daily Journal of Commerce, 2005

"Federal Procurements," Ch. 7, Oregon State Bar Construction Law Manual, 2004

"Allegations and Interrogatories," Ch. 20, Oregon Commercial Practice Manual, 1995

"Executions Against Personal Property," Ch. 21, Oregon Commercial Practice Manual, 1995

"Conversion of Assets and § 727(a)(2) — Should a Debtor Be Denied a Discharge for Converting Nonexempt Assets to Exempt
Assets Prior to Filing Bankruptcy?" Oregon Debtor Creditor Newsletter, Vol. XII, No. 4

"Piecemeal Treatment of Executory Contracts in Bankruptcy," Oregon Debtor Creditor Newsletter, Vol. X, No. 4

"Adequately Protecting the Undersecured Creditor in Bankruptcy," Oregon Debtor Creditor Newsletter, Vol. IX, No. 3
Civic Activities

Board of Directors, Portland Mountain Rescue

Clackamas County Steering Committee, Oregon League of Conservation Voters