William (Bill) G. Fig

Partner, Construction Group Chair

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1656 Direct

Assistant: Joanna M. Bolstad: 503.243.1661 x 243

Practice Areas
Overview
Bill represents mortgage servicers and lenders defending foreclosure-related claims and "wrongful foreclosure" lawsuits in state and federal courts in both Oregon and Washington.  He has successfully handled appeals of these matters in the Washington appellate courts and the 9th Circuit Court of Appeals.  Bill is currently the Chair of the Oregon State Bar Construction law section and the firm's construction group.  He has significant experience representing contractors and material suppliers in all aspects relating to their businesses.  This includes contract review and drafting, prosecuting and defending construction bond and lien claims, and litigating all types of payment claims in state and federal courts.  He also handles administrative claims against contractors' surety bonds.

In addition, Bill is a member of the firm's agribusiness group and represents ag servicers/suppliers in drafting their contracts/credit applications and prosecuting their lien and payment claims.  Bill has represented a variety of lien claimants in state receivership actions and Chapter 11 bankruptcy actions.  Lastly, Bill helps small to mid-size businesses with their general legal needs, including drafting/reviewing contracts and collection of their accounts receivable.  He has prosecuted over 100 collection cases to judgment.  Because debtors sometimes attempt to hide assets or do not voluntarily pay the judgment entered against them, Bill also has extensive experience in pre-judgment provisional process and post-judgment collection enforcement.
Education
J.D., Northwestern School of Law at Lewis and Clark College (1995)
B.A., Broadcast Journalism, University of North Carolina, Chapel Hill (1989)
Oregon Trial Advocacy College
Environmental and Natural Resources Law Certificate, Lewis and Clark College
Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Washington State Bar
      U.S. District Court, Eastern District of Washington
      U.S. District Court, Western District of Washington
Court of Federal Claims
Representative Cases
Construction Cases
We represented a Washington homebuilder in a lawsuit filed against a real estate investor for breach of promissory note and the judicial foreclosure of the trust deed that secured the note.  The defendant investor attempted to avoid liability for his obligations by asserting Washington Consumer Protection Act counterclaims against our client.  At the trial court, we prevailed on a motion for summary judgment granting the client's claims against the investor and defeating the investor's Consumer Protection Act counterclaims.  The investor appealed the trial court's rulings.  On the appeal, we decisively defeated the investor's complex Consumer Protection Act arguments, and the Court of Appeals affirmed the trial court's rulings.

We successfully prosecuted homebuilder's payment claim in AAA arbitration.  In the same action, we defeated owner's main defect claim, which was the home at issue was allegedly so deficient it needed to be demolished.  After the entry of the client's arbitration award with the court, we were able to collect part of the amount owed to the client via writs of garnishment.

We represented homeowner in lien foreclosure action brought against the owner by a restoration contractor.  The client refused to pay for the contractor in full for its work, which the client believed was defective. We were able to use of our knowledge of the lien laws to leverage the contractor to "walk away" from its claims.

We represented Oregon subcontractor in a lawsuit against a general contractor and surety on a public works job.  After a four-day bench trial, the court entered a verdict in favor of the subcontractor for the full amount of its claim plus attorney fees. The Circuit Court's ruling was affirmed on appeal.

Lender/ Servicer Representation
We represented a mortgage servicer regarding wrongful foreclosure and consumer protection act claims brought against it by a homeowner in federal court.  We obtained a defense verdict in the servicer's favor after a five day jury trial.

We have defended mortgage servicers and lenders in over 200 contested litigation cases in federal and state courts in Oregon and Washington.  These cases include claims for alleged violations of the FDCPA, RESPA, TILA, the TCPA and the Washington Consumer Protection Act.  We have successfully obtained the client's dismissal via a summary judgment motion in a significant number of these cases.

We obtained summary judgment for a servicer client on a borrower's FDCPA claim in the Western District of Washington.  We successfully defended the dismissal on the borrower's appeal of the ruling the 9th Circuit Court of Appeals.  The U.S. Supreme Court confirmed the 9th Circuit's ruling via a related case on the same issue.

We obtained summary judgment on the borrower's consumer protection act claims brought in Washington Superior Court.  We successfully defended the borrower's appeal of the summary judgment in the Washington Court of Appeals, Div. II.

We represented lender in interpleader action relating to fire insurance proceeds.  We obtained summary judgment in lender's favor against the borrower's claim to the proceeds, which resulted in lender recovering the full amount of the proceeds.

We successfully objected to borrower's bankruptcy filing and obtained summary judgment against borrower's counterclaims in an Oregon judicial foreclosure action.  Client was able to complete sheriff's sale of property, which resulted in a full payment of the loan (via redemption rights) by the borrower.

We represented reverse mortgage lender regarding "wrongful foreclosure" claims brought against it by foreclosed borrower in Washington Superior Court.  We successfully obtained summary judgment dismissing the borrower's claims, which lead to borrower curing her default to reinstate her loan.

Receivership/Bankruptcy Cases
We successfully obtained full payment of client's $300,000 ag services lien in Oregon bankruptcy action.  This required negotiating with the farmer debtor and the debtor's secured lender.

We successfully obtained payment of client's construction liens in Oregon receivership case.  Client had recorded liens against six properties that became part of the receivership estate.  We petitioned the court to have the receiver recognize the liens and have worked with the receiver relating to the sale of each encumbered property to satisfy the client's liens.

We obtained relief from the bankruptcy stay in contractor's Chapter 7 case to allow client to obtain a judgment to recover on its claim against the contractor's surety bond posted with the Oregon Construction Contractors Board.

We represented warehousing/logistic company in Washington receivership action involving a hotel property.  We were able to obtain a successful resolution of the client's warehousemen's lien claim vis a vis the claims of various secured lenders.

Business Cases
We represented doctor in employment/contract dispute with his clinic employer.  We prevailed on motion for preliminary injunction enjoining clinic from enforcing restrictive covenants in doctor's employment contract.

We obtained a defense verdict in engine builder client's favor regarding claims brought against it by customer.

We obtained a defense verdict in car restoration shop client's favor regarding claims brought against it by customer.

Represented national collection agency in prosecuting over 200 breach of contract/accounts receivable claims on behalf of its member businesses.  Obtained verdicts in clients favor in vast majority of these actions.

Professional Organizations
Federal Bar Association
Multnomah Bar Association
Oregon State Bar
Oregon State Bar Construction Group, Treasurer (2016-2017) 
Oregon State Bar Construction Group, Secretary (2018)
Oregon State Bar Construction Group, Chair (2020)
Washington State Bar Association
Publications
Author of Lexis-Nexis Oregon Lien Law Summary - 2020
Author of Legal Corner in the Monthly NACM Business Credit Journal, 2005 - 2015
Author of Provisional Process Chapter in OSB Debtor/Creditor CLE
Articles
Speaking Engagements
What You Need to Know - Oregon Construction Law 2019: OSB Construction Law Section (2019)
Oregon and Washington Construction Lien Law: NACM Oregon (2004 - 2014, 2016 - 2019)
Bond and Lien Law in Oregon (2017)
The Nuts and Bolts of Oregon Lien Law: MBA (2017)
Nuts & Bolts of Commercial Collections : NACM Oregon (2016)
Lien Law Webinar: OR Construction Lien (2016)
Lien Law Webinar: WA Construction Lien (2016)
Your Right to Payment & Available Collections Options:  NACM Oregon Annual Meeting (2014)
Webinar:  Personal Guaranties, NACM Oregon (2012)
Oregon and Washington Lien Laws, Pacific Northwest Credit Conference, NACM Oregon (2010)
Collection Alternatives for the Family Law Practitioner, Oregon State Bar Family Law Section Meeting (2010)
Bond Claims: National Association of Credit Managers (2010) Business Procedures to Ensure Payment – NACM Webinar (2010)
The Tax, Insurance, Bonding, Lien and Contract Issues You will Encounter in the New Construction Climate Sussman Shank LLP, AKT LLP and BW Insurance Company (2010)
Construction Seminar - Protecting Your Right To Payment: Contract Issues, Construction Liens, and Construction (2010)
"Credit Talk" Webinar, NACM Oregon (2010-Present)
Effective Litigation Techniques for Trade Creditors Webinar: NACM Oregon (2010)
Personal Interests
Bill fills his spare time cheering on his UNC Tarheels and with "hands-on" projects such as restoring old Chevy pickup trucks and his 1906 home.  He is married with a grown daughter and two pugs.
1642 Portland Business Journal: Oregon's 2019 Most Admired Companies Oregon Business: 100 Best Companies to work for in Oregon 2019 Oregon Business: 100 Best Green Workplaces in Oregon 2019
Practice Areas
Education
J.D., Northwestern School of Law at Lewis and Clark College (1995)
B.A., Broadcast Journalism, University of North Carolina, Chapel Hill (1989)
Oregon Trial Advocacy College
Environmental and Natural Resources Law Certificate, Lewis and Clark College
Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Washington State Bar
      U.S. District Court, Eastern District of Washington
      U.S. District Court, Western District of Washington
Court of Federal Claims
Employment Blog
The Nuts & Bolts of Oregon Construction Liens
Presented by Bill Fig, Partner

William (Bill) G. Fig

Partner, Construction Group Chair


1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1656 Direct

Assistant: Joanna M. Bolstad: 503.243.1661 x 243
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Bill represents mortgage servicers and lenders defending foreclosure-related claims and "wrongful foreclosure" lawsuits in state and federal courts in both Oregon and Washington.  He has successfully handled appeals of these matters in the Washington appellate courts and the 9th Circuit Court of Appeals.  Bill is currently the Chair of the Oregon State Bar Construction law section and the firm's construction group.  He has significant experience representing contractors and material suppliers in all aspects relating to their businesses.  This includes contract review and drafting, prosecuting and defending construction bond and lien claims, and litigating all types of payment claims in state and federal courts.  He also handles administrative claims against contractors' surety bonds.

In addition, Bill is a member of the firm's agribusiness group and represents ag servicers/suppliers in drafting their contracts/credit applications and prosecuting their lien and payment claims.  Bill has represented a variety of lien claimants in state receivership actions and Chapter 11 bankruptcy actions.  Lastly, Bill helps small to mid-size businesses with their general legal needs, including drafting/reviewing contracts and collection of their accounts receivable.  He has prosecuted over 100 collection cases to judgment.  Because debtors sometimes attempt to hide assets or do not voluntarily pay the judgment entered against them, Bill also has extensive experience in pre-judgment provisional process and post-judgment collection enforcement.
Personal Interests
Bill fills his spare time cheering on his UNC Tarheels and with "hands-on" projects such as restoring old Chevy pickup trucks and his 1906 home.  He is married with a grown daughter and two pugs.
Representative Cases
Construction Cases
We represented a Washington homebuilder in a lawsuit filed against a real estate investor for breach of promissory note and the judicial foreclosure of the trust deed that secured the note.  The defendant investor attempted to avoid liability for his obligations by asserting Washington Consumer Protection Act counterclaims against our client.  At the trial court, we prevailed on a motion for summary judgment granting the client's claims against the investor and defeating the investor's Consumer Protection Act counterclaims.  The investor appealed the trial court's rulings.  On the appeal, we decisively defeated the investor's complex Consumer Protection Act arguments, and the Court of Appeals affirmed the trial court's rulings.

We successfully prosecuted homebuilder's payment claim in AAA arbitration.  In the same action, we defeated owner's main defect claim, which was the home at issue was allegedly so deficient it needed to be demolished.  After the entry of the client's arbitration award with the court, we were able to collect part of the amount owed to the client via writs of garnishment.

We represented homeowner in lien foreclosure action brought against the owner by a restoration contractor.  The client refused to pay for the contractor in full for its work, which the client believed was defective. We were able to use of our knowledge of the lien laws to leverage the contractor to "walk away" from its claims.

We represented Oregon subcontractor in a lawsuit against a general contractor and surety on a public works job.  After a four-day bench trial, the court entered a verdict in favor of the subcontractor for the full amount of its claim plus attorney fees. The Circuit Court's ruling was affirmed on appeal.

Lender/ Servicer Representation
We represented a mortgage servicer regarding wrongful foreclosure and consumer protection act claims brought against it by a homeowner in federal court.  We obtained a defense verdict in the servicer's favor after a five day jury trial.

We have defended mortgage servicers and lenders in over 200 contested litigation cases in federal and state courts in Oregon and Washington.  These cases include claims for alleged violations of the FDCPA, RESPA, TILA, the TCPA and the Washington Consumer Protection Act.  We have successfully obtained the client's dismissal via a summary judgment motion in a significant number of these cases.

We obtained summary judgment for a servicer client on a borrower's FDCPA claim in the Western District of Washington.  We successfully defended the dismissal on the borrower's appeal of the ruling the 9th Circuit Court of Appeals.  The U.S. Supreme Court confirmed the 9th Circuit's ruling via a related case on the same issue.

We obtained summary judgment on the borrower's consumer protection act claims brought in Washington Superior Court.  We successfully defended the borrower's appeal of the summary judgment in the Washington Court of Appeals, Div. II.

We represented lender in interpleader action relating to fire insurance proceeds.  We obtained summary judgment in lender's favor against the borrower's claim to the proceeds, which resulted in lender recovering the full amount of the proceeds.

We successfully objected to borrower's bankruptcy filing and obtained summary judgment against borrower's counterclaims in an Oregon judicial foreclosure action.  Client was able to complete sheriff's sale of property, which resulted in a full payment of the loan (via redemption rights) by the borrower.

We represented reverse mortgage lender regarding "wrongful foreclosure" claims brought against it by foreclosed borrower in Washington Superior Court.  We successfully obtained summary judgment dismissing the borrower's claims, which lead to borrower curing her default to reinstate her loan.

Receivership/Bankruptcy Cases
We successfully obtained full payment of client's $300,000 ag services lien in Oregon bankruptcy action.  This required negotiating with the farmer debtor and the debtor's secured lender.

We successfully obtained payment of client's construction liens in Oregon receivership case.  Client had recorded liens against six properties that became part of the receivership estate.  We petitioned the court to have the receiver recognize the liens and have worked with the receiver relating to the sale of each encumbered property to satisfy the client's liens.

We obtained relief from the bankruptcy stay in contractor's Chapter 7 case to allow client to obtain a judgment to recover on its claim against the contractor's surety bond posted with the Oregon Construction Contractors Board.

We represented warehousing/logistic company in Washington receivership action involving a hotel property.  We were able to obtain a successful resolution of the client's warehousemen's lien claim vis a vis the claims of various secured lenders.

Business Cases
We represented doctor in employment/contract dispute with his clinic employer.  We prevailed on motion for preliminary injunction enjoining clinic from enforcing restrictive covenants in doctor's employment contract.

We obtained a defense verdict in engine builder client's favor regarding claims brought against it by customer.

We obtained a defense verdict in car restoration shop client's favor regarding claims brought against it by customer.

Represented national collection agency in prosecuting over 200 breach of contract/accounts receivable claims on behalf of its member businesses.  Obtained verdicts in clients favor in vast majority of these actions.

Speaking Engagements
What You Need to Know - Oregon Construction Law 2019: OSB Construction Law Section (2019)
Oregon and Washington Construction Lien Law: NACM Oregon (2004 - 2014, 2016 - 2019)
Bond and Lien Law in Oregon (2017)
The Nuts and Bolts of Oregon Lien Law: MBA (2017)
Nuts & Bolts of Commercial Collections : NACM Oregon (2016)
Lien Law Webinar: OR Construction Lien (2016)
Lien Law Webinar: WA Construction Lien (2016)
Your Right to Payment & Available Collections Options:  NACM Oregon Annual Meeting (2014)
Webinar:  Personal Guaranties, NACM Oregon (2012)
Oregon and Washington Lien Laws, Pacific Northwest Credit Conference, NACM Oregon (2010)
Collection Alternatives for the Family Law Practitioner, Oregon State Bar Family Law Section Meeting (2010)
Bond Claims: National Association of Credit Managers (2010) Business Procedures to Ensure Payment – NACM Webinar (2010)
The Tax, Insurance, Bonding, Lien and Contract Issues You will Encounter in the New Construction Climate Sussman Shank LLP, AKT LLP and BW Insurance Company (2010)
Construction Seminar - Protecting Your Right To Payment: Contract Issues, Construction Liens, and Construction (2010)
"Credit Talk" Webinar, NACM Oregon (2010-Present)
Effective Litigation Techniques for Trade Creditors Webinar: NACM Oregon (2010)
Professional Organizations
Federal Bar Association
Multnomah Bar Association
Oregon State Bar
Oregon State Bar Construction Group, Treasurer (2016-2017) 
Oregon State Bar Construction Group, Secretary (2018)
Oregon State Bar Construction Group, Chair (2020)
Washington State Bar Association