Over several decades as a construction lawyer, Darien Loiselle has built a comprehensive, solutions-oriented practice as a key leader in Schwabe’s Real Estate and Construction industry group. His clients include owners, general contractors, designers and engineers, specialty contractors, insurers and maritime interests. A member of Schwabe since 1992, Darien has extensive experience negotiating agreements, solving complex disputes and representing clients in litigation on major construction and marine projects.

A construction-industry authority

Darien’s diverse industry experience and big-picture perspective make him an innovative problem-solver for all types of construction issues. Respected throughout the industry, he has served as general counsel to the Columbia River Chapter of Associated General Contractors (AGC), chair of the Maritime Commerce Club, a member of AGC’s Foundation Board, counsel to Associated Builders and Contractors, and chair of the Construction and Maritime Sections of the Oregon State Bar. Darien is a sought-after presenter on construction-related issues. 

"I choose Schwabe when we have a high concern over a matter and want the best possible ‎representation. A lot of this is because the handling of a major case for us almost 40 years ago ‎when I saw firsthand the Schwabe machine in action. In recent years, Darien Loiselle has done a ‎excellent job on our contracting issues.‎"

-Nehalem Marine Manufacturing

"Darien Loiselle is extremely responsive and makes smart decisions."

-Yorke & Curtis

Bar Admissions

• Oregon State Courts
• Washington State Courts
• United States Court of Appeals, Ninth Circuit
• United States District Court, District of Oregon
• United States District Court, Eastern District of Washington
• United States District Court, Western District of Washington

Education

• University of Oregon School of Law, Juris Doctor degree, Member of the University of Oregon Law Review (1992)
• Willamette University, Bachelor of Arts degree, magna cum laude (1987)

Construction Defect Litigation

• Represented developer, general contractor and designer on a creative joint defense arrangement to mitigate costs and create a practical solution to a series of complex defect questions. (McKenzie Lofts Homeowners Association)
• Defended and resolved claims involving one of the largest construction defect projects in Oregon and over 20 represented parties. (Trendwest Seaside Vacation Resort)
• Defended and resolved claims against developer (and others) involving challenging responsibility and coverage determinations. (Irvington Place Homeowners Association)

Construction Delay/Impact Claims

• Successfully tried delay and impact claims for commercial general contractor against school district on three contemporaneous projects. (Batzer Inc. v. Jackson County School District)
• Tried and resolved claims for general contractor against owner involving substantial extended general conditions. (Howard S. Wright v. Santiam Memorial Hospital)
• Prosecuted and resolved delay and impact claims for commercial general contractor against school district and successfully defended claims by subcontractors. (Thompson Construction v. Ashland School District)
• Won multi-million dollar verdict against city on wastewater treatment facility. (Big River Construction v. City of Tillamook)

Lien/Bond/Payment Disputes

• Filed and resolved successfully seven-figure lien on financially distressed development in downtown Portland. (Benson Industries v. Opus One)
• Defended surety through Oregon Supreme Court on multi-million dollar wage claim against public works bond. (Acstar Insurance v. North Marion School District)
• Pursued and resolved lien claims on major hotel renovation and negotiated and resolved subcontractor lien claims. (Howard S. Wright v. Hilton Hotels)
• Filed and collected on multi-million dollar construction lien on distressed restaurant development project. (Western Construction v. Greg's Grill)

Prevailing Wage Defense

• Defended numerous contractors on prevailing wage claims.

• OP-ED: Beware of Tackling Remedial Work Without Consideration of Legal Impacts
• Prepare for Tomorrow by Reviewing Your Contract Today – Termination Clauses
• Oregon Governor’s Executive Order and the Real Estate and Construction Industry
• COVID-19: Preserving Your Payment Rights through Lien and Bond Claims
• OP-ED: Preparing for Resilience and Vitality During Periods of Economic Change
• OP-ED: In Construction These Days, It’s "Return of the Payment Wars"
• OP-ED: Five Steps Contractors Can Take to Improve Business in 2018
• OP-ED: After recession, focus is to be better and not bigger
• OP-ED: Learn to Identify Red Flags and Green Lights
• Taking the High Road
• Contractors, It's Time to Put That House in Order
• Time, Time, Time...Is Not On Your Side
• How to Avoid the Perils of BOLI Law and Prevailing Wage

Seminar

• Building Your Construction Project: Critical Concepts and Issues: Owner-Architect Relationships
• DJC Oregon Builder Breakfast Series: Securing Work and Getting the Job Done During a Global Pandemic
• MTC Lunch Series
• Change Order Basics