KIP CHILDS

Kip’s practice focuses primarily upon real estate and construction, with a special emphasis on litigation, financing, and insolvency. He represents owners, developers, contractors, lenders and landlords in matters arising in virtually every phase of a project and building life cycle, from drafting commercial loan documents, leases, and construction contracts, to negotiating loan workouts, drafting refinancing documents, litigating all types of construction defect, delay and impact claims, and representing lenders and other creditors in bankruptcy and insolvency  proceedings.  Kip also represents property owners in all types of real estate matters, including boundary line disputes, quiet title actions, and adverse possession claims, and represents both landlords and tenants in various types of lease disputes. 

Kip 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.  

CONSTRUCTION 

• Represented real estate development company in successfully recovering $8 million for construction defects relating to the construction of six commercial office buildings.
• Represented contractor in recovering $2 million following a one-week arbitration hearing for design changes relating to the construction of a luxury hotel.
• Represented school district in successfully prosecuting $1 million in delay claims and defending $4 million in change order claims arising from the construction of three new school buildings.
• Represented winery owner in recovering $1 million for the cost of tearing off and replacing a defective stucco system.
•  Represented property owner  in recovering $8.5 million for water damages at two large apartment complexes.

REAL ESTATE

• Represented title insurance company in negotiating a favorable resolution to a claimed easement over a large farming operation.
• Represented individual investor in prosecuting claims of $3 million and defending counterclaims  of $7 million relating to the split-up of a real estate development company. 
• Represented various timber companies in defending adverse possession claims resulting from disputed fence lines and encroachments.
• Represented various large real estate developers and landlords in negotiating and resolving multiple retail lease defaults at numerous shopping centers.

LENDING AND FINANCE

•  Represented purchaser of an FDIC loan portfolio of $3.5 billion in liquidating multiple commercial loans and foreclosing upon multiple commercial properties in Oregon, Washington and Idaho.
•  Represented receiver appointed by the State of Oregon in taking over and selling one of Oregon's largest real estate brokerage firms.
•  Represented secured lender in recovering a fleet of over 60 tanker trucks in a borrower's Chapter 11 bankruptcy proceeding.
•  Represented large national loan servicer in numerous workouts, refinancings, foreclosures and bankruptcies involving securitized loans. 

LANDLORD/TENANT

• Represented numerous landlords in both commercial and residential lease disputes and eviction proceedings. 
• Represented landlords and property owners in drafting and revising both commercial and residential leases.
• Represented both landlords and tenants in various types of leasing disputes.

PRO BONO

• Represented death row inmate in successfully overturning a death sentence.

EDUCATION

• University of Wisconsin Law School, JD, 1983
• Colgate University, BA, 1978

BAR ADMISSIONS

• Oregon
• Washington
• Idaho
• US District Court for the District of Oregon
• US Court of Appeals for the Ninth Circuit

PROFESSIONAL ACTIVITIES

• Executive Committee, Litigation Section, Oregon State Bar, 2022-
• Coeditor in Chief, Oregon Pleading & Litigation Manual, Oregon State Bar, 2020
• 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

CIVIC ACTIVITIES

• Board of Directors, Portland Mountain Rescue
• Clackamas County Steering Committee, Oregon League of Conservation Voters

ARTICLES AND PRESENTATIONS

• "Construction Liens In Practice (OR)," Thomson Reuters' state-by-state publication on construction lien laws, 2019
• "Civil Trials Are Disappearing in the U.S.," Daily Journal of Commerce and Idaho Business Review, Aug. 2013
• "The Evolving World of Construction Defects," The Seminar Group, 2007-2012
• "May a Contractor Sue the Owner's Lender?" Daily Journal of Commerce, Dec. 2012
• "n 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
•  "Construction Defects, Water Intrusion and Other Calamities," The Seminar Group, 2006
•  "Washington, a Model for Construction Defect Solution," Daily Journal of Commerce, 2006
• "Avoiding Professional Liability Actions," Half Moon Seminar, 2005
• "As Condo Market Booms, So Does Litigation," Daily Journal of Commerce, 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
• "Federal Procurements," Ch. 7, Oregon State Bar Construction Law Manual, 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
• "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