Tamara L. Boeck
Experience
From "concept through completion" or "dirt to done," clients have come to rely on
Tami for her pragmatic business approach and 23 years of experience representing a
wide variety of clients in all areas of project development. Whether it is advising
clients regarding development insurance risks and coverage disputes, pre-project and
project contracting risk management (RM) advice relating to project development, or
dispute resolution in ADR or litigation, she approaches each matter with a focus on the
client's goal and best interests, utilizing a broad range of practical knowledge for her
client's benefit in mitigating disputes or representing clients in litigation where
necessary. Tami's early background representing insurers in coverage claims has also
served her policy-holder clients well regarding project protection and coverage
disputes.
Tami routinely advises owners, developers and general contractors primarily in
Partner
California, Idaho and Nevada. She works with clients on a wide range of projects
Sacramento, CA
including commercial, residential and mixed-use projects, as well as construction-
(916) 319-4678 direct
related aspects of oil and gas, mining, food processing, solar, wind, geothermal,
(916) 447-4781 fax
biofuel, wastewater treatment and other industrial facilities. In addition to counseling
her clients on ways to avoid protracted litigation through thoughtful negotiations and
Boise, ID
effective contracts, she handles construction disputes from mediation through
(208) 387-4256 direct
litigation or arbitration, which often encompass significant business conflicts, project
delay, workmanship and performance deficiency claims, as well as those matters
involving lien laws, insurance coverage disagreements with insurers, claims involving
(208) 389-9040 fax
tami.boeck@stoel.com
toxic torts, product liability and construction related catastrophic injuries. With her
Education
depth of experience she is able to assist and protect her clients in arbitration or trial
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School of Law, J.D., 1993, with
when a pragmatic business resolution is not available.
Tami presently serves as Chair of the firm's Real Estate and Construction Development
Group, and is a member of Stoel Rives' Pro Bono Committee and Coaching and
distinction
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that firm's California offices, its subsequent Nevada offices, and served as
Shareholder-in-Charge of that firm's former primary California office.
Representative Work
Construction and Design Contracts/Project Risk Management
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Admissions
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California
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Idaho
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Nevada
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U.S. District Court, all districts of
California
Counseling national investment and management entity that focuses on market
rate and affordable multi-family housing in RM strategies and contract
negotiations for West Coast and Inter-Mountain West condominium projects.
California State University, Fresno,
B.S., 1990, cum laude
Mentoring Committee. Before joining Stoel Rives, Tami was a Shareholder for eight
years at another West Coast regional law firm. She was also one of the founders of
University of the Pacific, McGeorge
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U.S. District Court, District of Nevada
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U.S. District Court, District of Idaho
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U.S. Court of Appeals for the Ninth
Circuit
Tamara L. Boeck
Advice includes insurance coverage for projects, ongoing RM practices for contracts, and project "best practices" for multi-state
developments.
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Representing downtown redevelopment mixed-use project owner in project insurance coverage, risk management for design and
construction project team and entity protection, negotiation of design and construction contracts, project claims and risk
decisions related to legal impact of value engineering decisions, as well as post-project manuals and materials for individual
buyers and commercial associations.
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Served as lead counsel for a top 10 condominium developer in multi-state right-to-repair claims and litigation, as well as RM
strategies and contract compliance under California and Nevada state law. Eliminating potential defect lawsuits for several
projects through proactive RM, and reducing resolution settlements to at or below fully enrolled $2M OCIPS for 150-300+ unit
projects with use of proactive construction practice and warranty programs, and in role as "monitoring" counsel of insurer retained counsel and as personal counsel for owner/developer in coverage disputes. RM reduced insurance industry standard
"claim payouts" per unit on client projects on average by 50-75% and insurance premiums by as much as 30% when full program
utilized.
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Represented national developer of multi-family and student housing products in RM strategies, contract modifications and multistate claims and litigation, as well as insurance coverage counseling and representation in coverage disputes securing full p olicy
coverage payout on disputed claims and for unlisted affiliated entities.
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Represented mining entity in drafting RFPs and process, contracting and construction related aspects of new multimillion dollar
mining venture.
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Assisting out-of-state owners, developers, product manufacturers and material suppliers regarding California, Nevada and Idaho
contracting, licensing and lien laws process and procedures for compliance and programs, as well as insurance risk management
advice and proactive claims handling.
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Represented engineering, mining and geothermal entities in project disputes and lien claims, and best practices for licensing
and contracting in multi-state practices.
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Personal counsel for an exclusive high-end custom home builder in California, including assisting with licensing and business
advice, drafting contracts, establishing RM process and protocol, handling course of negotiation/construction and warranty
matters. Advice also includes construction and right-to-repair claim processes, and insurance claims/disputes under traditional
policies, as well as OCIPS, CIPS and Wraps.
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Draft construction agreements for a shaft retrofit for gold and silver mine owner/developer, and related contracts for servic es.
Advice included ongoing contract drafting for entity, as well as insurance and lien avoidance advice.
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Drafted construction installation agreements for solar installers in California, and represented solar manufacturers in claim
investigation and litigation in Nevada as well as insurance coverage advice and representation with insurer.
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Assisted with state-specific construction and lien law/licensing issues in EPC and drilling agreements for mining, wind, solar and
geothermal developers.
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Drafted design-build-operate-finance (DBOF) contract for a multimillion-dollar wastewater treatment plant under the California
IFA.
Tamara L. Boeck
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Defended owners and suppliers in multimillion-dollar mechanics lien claims and disputes, using "best practices" to mitigate and
avoid further disputes.
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Drafting, reviewing and negotiating various contracts for construction-related services, including design professional services
agreements, construction management agreements, construction services agreements and material procurement agreements.
Bid Protests
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Representing SDVSBO contractor in contract dispute with VA.
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Represented awardee in fending off bid protest in Monterey, California infrastructure project.
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Represented awardee in fending off bid protest in Reno, Nevada infrastructure project.
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Part of the team that successfully defended awardee-intervenor in GAO and Court of Federal Claims protests to the award of a
multi-year services contract.
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Represented low bidder in California CalTrans bid protest on multimillion-dollar contract.
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Represented awardee in Idaho against bid protest for IDOT contract.
Insurance Coverage
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Representing manufacturer regarding personal insurance coverage advice in litigation under SIR on potentially disputed claim.
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Represented the owner/developer of biofuel facility by providing insurance coverage advice in litigation dispute allowing
successful coverage of claim under subcontractor's policy.
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Represented the owner/developer entities in insurance disputes and litigation in California under an OCIP/WRAP, securing
coverage for clients in multi-family project construction defect litigation.
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Represented the developers in coverage evaluation and claims in wrongful death allegation from California project, securing
coverage for all entities.
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Advising mining and construction entity clients regarding licensing and insurance-related issues, including independent
contractor requirements and limitations.
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Advising design/build contractors regarding insurance-related issues, including traditional policies, CPLPs, OCIPS CIPS and Wraps
for multi-state projects.
Litigation
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Aspen Grove Condo. Ass’n v. CNL Income Northstar LLC, No. C073530 (Cal. Ct. App. Oct. 3, 2014) (slip op.). Co-lead trial
counsel for a 180-unit condominium development following a 14-day bench trial in 2012, obtained an interlocutory judgment for
a mandatory injunction against the upslope developers and successor property owners (Northstar Village) for their poor design
and unreasonable development practices caused by the diversion of stormwater at the Northstar Village Resort to an infiltrati on
basin during the $200 million expansion in 2004. Representation also included the successful defense of the appeal in a
published decision of the interlocutory judgment in October 2014, and subsequent litigation and guidance to the client through
Tamara L. Boeck
the continuing damage investigation, recommendations for repair and remediation, and representation in the damage phase of
the nuisance/trespass and water diversion litigation through successful seven-figure settlement for client.
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Served as personal counsel for a developer in multimillion-dollar custom home alleged defect litigation in California and
successfully settled for repair costs and contract costs, eliminating all misrepresentation, fraud and claimed statutory violations
as well as securing insurance coverage for client.
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Successfully represented the owner of a biofuel power generator against electrical subcontractor in litigation and resolution of
action, including through knowledge of insurance coverage and policy information of EPC contractor and subcontractor.
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Representing the owner of a windfarm in ongoing end-of-project claims, liens and warranty disputes related to construction
completion and quality, including using knowledge of insurance and bond coverage for handling dispute.
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Successfully represented an international government contractor and its surety in multi-state Miller Act/contract dispute actions
in federal court and arbitration.
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Substituted as counsel within months of initial trial date to represent Owner against eight lawsuits in state court alleging
significant personal injury arising out of Legionnaire's Disease outbreak discovered at time share towers, including prosecution
of claims against national general contractor and subcontractors for substandard work causing the outbreak. Achieved successful
resolution of all claims without trial exposure and further adverse press to Owner, which included payment by AIEs and insurers
of general contractor and subcontractors for contribution (as well as attorney fees and costs) of over 75%.
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Substituted as counsel within months of initial trial date to represent a concrete installer against indemnity claims by the
general contractor for over 350 homes in a subdivision. Successfully resolved all claims against client for fraction of perce ntage
allocation demanded by general contractor, and exposed general contractor's defective construction practices which
contributed to alleged defects.
Professional Honors and Activities
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Listed in Best Lawyers in America© (currently: Construction Law), 2010-2016
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Listed in Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™, inaugural edition, 2011
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Listed in Mountain States Super Lawyers® (Construction Litigation), 2007, 2013-2015
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Listed in Northern California Super Lawyers® (Construction Litigation), 2005, 2016
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AV Preeminent Peer Review Rated with Martindale-Hubbell®
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Fellow, Litigation Council of America, 2013-2016
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Idaho Volunteer Lawyers Program, Idaho Volunteer Lawyers Program, and Boise Senior Center, 2010-present
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Member, Fourth District Pro Bono Committee (Ada County, Idaho)
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Idaho Coordinator, Stoel Rives Pro Bono Committee and Coaching and Mentoring Committee
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Weekly volunteer, LOVE INC, Treasure Valley (budget counseling for persons of limited means and teaching)
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Member of practice group nationally ranked Tier 1 for Construction Law (2010-2016) | Construction Litigation (2015-2016) by
U.S. News – Best Lawyers® "Best Law Firms"
Tamara L. Boeck
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Vice-chair, Webinars and Publications, Construction Law and Litigation Committee, 2011-2016; Chair, 2008-2009; vice chair,
Programs and Projects, 2006-2008, International Association of Defense Counsel
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Idaho Association of Defense Counsel
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Board member, Sacramento Area Emergency Housing Commission, 2005-2008
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Secretary/Treasurer, El Dorado Hills Area Planning Advisory Committee, 1999-2004
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Sacramento County Bar Association
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California Bar Association
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Clark County (Nevada) Bar Association
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Washoe County (Nevada) Bar Association
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Nevada Bar Association
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Idaho Bar Association
Presentations
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Speaker, "Construction Contracts: Crafting Insurance and Indemnification Clauses" CLE webinar on June 14, 2011 and Aug. 25,
2010, Strafford Publications
Publications
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"If You Build It, They Will Come," Daily Journal of Commerce, Jan. 2015
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"Take Time With Four ‘Standard’ Contract Terms," Daily Journal of Commerce, Jan. 2014