From an ODOT interpretive installation for a pair of historic bridges at Astoria-Warrenton old Highway 101 to the Heritage Trail & Installations in downtown Tigard, RESOLVE Architecture + Planning strives to tell seldom-heard stories that are rich in history and cultural heritage through placemaking design and collaborative design fabrications with local artisans.

Suenn Ho, principal and urban designer, and John Flynn, AIA, NCARB, LEED AP, principal and architect, founded RESOLVE in 2014. Its companion company, Suenn Ho Design, opened in 1993. Ho and Flynn each have three decades of international design experience that includes projects in France, Hong Kong, New York City, Boston and Pennsylvania.

“RESOLVE gives us the opportunity to work on projects of interest to us and to collaborate with clients and contributing specialists ranging from economists to artisan fabricators to quality-focused constructors,” they said. “We also see our firm as endeavors that can support equity, diversity and inclusion in the profession and building industry through practice, mentorship and engagement.”

In addition, RESOLVE worked on the Metro Expo Center D-E Connector, APANO Offices and Multicultural Center and the Donor Screen and Wall Art for FORA Health’s new facility, all in Portland.

RESOLVE joined NAMC-OR in May 2021 and Ho and Flynn said their membership positions them to advocate for increased percentage participation of minority-owned companies on projects entering construction.

“We appreciate the opportunity to network and develop relationships with general contractors and subcontractors who might otherwise be overlooked. As a small firm, we know that every successful project is the result of many hard-working collaborators. NAMC-OR is a great place to find them.”

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Cinna’Mon Williams is the newest member of the NAMC-OR team and joins the association as its Business and Member Services Officer. In this role, she works with members on a one-on-one basis and leads NAMC-OR’s human resources function. She also will focus on updating processes and procedures to create efficiencies and funding development, and provide project management on a wide variety of events.

“I have been involved with NAMC-OR since the organization was established. As a public agency representative, I previously supported NAMC-OR members in accessing contracting opportunities and provided technical assistance focused on how to do business with public agencies,” she said.

Over the last several years, Williams has participated in committees and councils alongside Executive Director Nate McCoy and worked collaboratively to impact change and be the voice for the small business community and NAMC-OR members.

“I am thrilled to be a member of the NAMC-OR team and to use my knowledge and skills to help small business owners grow and prosper,” she said. “Externally, my most immediate goal is to connect with our members to better understand what obstacles they face and find ways to help them go over, around or through these barriers.”

Prior to NAMC-OR, Williams was a member of the Urban League of Portland’s Executive Leadership team in the role of Director of Education and Workforce Development. During that time, she oversaw the organization’s family empowerment programs; career and employment-focused efforts; and small business development.

She also created and implemented the organization’s Entrepreneurship Academy and the Feed the Folks Initiative; redeveloped all elements of the agency’s youth and family services; acted as the primary event planner for the annual Career Connections Jobs Fair; and expanded its employment programs to serve and support upwards of 900 career seekers annually.
Prior to the start of her nonprofit-focused work, Williams advocated for communities of color as an equity advocate in the public sector for close to three decades. She held various roles, all of which were dedicated to ensuring equity in contracting, coaching and empowering small businesses with a focus on sustainable capacity building, providing access and creating resources that support communities of color.

Williams holds a bachelor’s degree in Business with a concentration in Leadership, and a master’s in Business with a concentration in Management. She is a long-distance walker, an “over-involved mother to two adult children, has been happily married for a few decades, is a doting first-time grandmother to a Pandemic Princess, and is a proud parent of a very poorly behaved Chihuahua named Sir Prince.”

“I grew up in the local community. I attended high school (I’m a proud Jefferson High School Demo) and college here. My husband and I also raised our children here, and my granddaughter is being raised in the same neighborhood. This is not just a job to me. It is personal and knowing that knowing in some small way I can contribute to the prosperity of the local small business community (which has a positive impact on the overall community) brings me immense joy.”

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Capstone Partners is a regional multidisciplinary commercial developer with offices in Portland and Seattle. It specializes in multifamily, mixed-use, retail, industrial and office development. In addition to its for-profit business, its team engages in local community activities, industry organizations such as ULI and NAIOP, and non-profit work.

For example, in Portland, Capstone has had a longtime engagement with KairosPDX, a K-5 PPS charter school focused on closing the huge opportunity gap for underserved Black and Brown kids and families. Principal Chris Nelson has been on the board for 10 years, and Stacy Blanton, VP of Asset Management, is leading a new KairosPDX Facility Committee. She works with James Cador, NAMC-OR’s program coordinator, to support KairosPDX staff to help the school with its on-site maintenance, repair and facilities needs.

“Capstone Partners chose to partner with NAMC-Oregon because we believe in and want to support its mission to promote more diversity and participation of BIPOC-owned businesses in the construction (and development) industry in our region,” Nelson said. “Both industries have been and continue to be predominantly white and we believe NAMC’s leadership and support of its important education, training and mentoring work will promote more diversity and shared prosperity going forward.”

Capstone Partners recently joined NAMC-OR as a funding partner and sponsor. Nelson said they look forward to engaging in other ways to support its mission, such as mentoring and coaching as well as partnering with NAMC-OR to bring more diversity into its project execution teams in design, construction, project management and more.

Nelson said Capstone Partners has always had a “Strategic Partnering in Real Estate” philosophy. The “Partners” in its name isn’t about the owners/partners, it is about how the company leverages its partnerships (design/construction/finance/city relationships) to create successful real estate projects in its regions of operation, he said.

“I think NAMC-Oregon and Capstone will each learn from each other to build a more equitable and diverse industry in our region and, importantly, help grow and mentor young BIPOC construction and development professionals to build skills and wealth through participation in these two important growth industries,” Nelson said.

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Granite Construction is a nationwide heavy civil prime contractor with a large presence in the Portland metro area and across the Pacific Northwest. It specializes in transportation-related projects including construction of public roadways, utility improvements, airport runways and taxiways, rail facilities, and environmental improvement projects.

Granite works for most local municipalities in the Portland area and also extensively for the transportation departments in Oregon and Washington. Even though it is a large contractor and works on large projects, locally many of its projects are smaller and it often bids projects with values of less than $1 million.

“We chose to partner with NAMC-OR to promote diversity and inclusion in our local area and to provide workforce and business opportunities for historically underutilized businesses that are members of NAMC,” said Paul Harding, Granite’s Western Oregon/SW Washington area manager.

“We believe that our involvement with NAMC, and other organizations like NAMC, will help expand economic opportunities by growing both the demand for and capacity of local contractors, including those owned by people of color and women,” he added.

As a NAMC-OR partner, Granite supports the organization by bringing consistent business opportunities to its members. It provides training and mentorship, and promotes NAMC-OR externally within the construction community to increase its visibility.

“We believe mutual benefits of our partnership with NAMC will include new business relationships between Granite and other members, increased business opportunities for certified firms that are members of NAMC, mentoring opportunities that increase technical and/or business expertise of certified firms – all of which will lead to the achievement of project contracting diversity and workforce diversity goals,” Harding said.

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Over the past 63 years in business, Mackenzie’s services have evolved, and the firm now offers specialized services across a range of disciplines, including architecture, interior design, structural, civil, and traffic engineering, land use and transportation planning, and landscape architecture. The firm has offices in Portland, Seattle and Vancouver, Washington.

“Collaborative partnerships are integral to Mackenzie’s success, and contractors have solidified this strategic approach,” said Principal Josh McDowell. “Mackenzie is committed to creating an inclusive and just community and we strive to work with partners who have similar goals. We recognize our privileges and embrace individual strengths and identities.”

He noted that Mackenzie is invested in its people, clients and the communities it serves. It also is invested in the consultants it works with on projects, and it partners with consulting and service firms offering similar or complementary services.

McDowell said that when his team first talked with Executive Director Nate McCoy, they were impressed with NAMC-OR’s results-oriented approach to improve the construction industry and, by extension, the architecture/engineering/construction (AEC) industry in Oregon.

“We want to be a part of this approach for equity and inclusion in the AEC community. After hearing these initiatives, we brainstormed some really great ideas where Mackenzie could plug in and actively participate and have an impact,” he said. “We saw a real opportunity to have an impact in our community with the infrastructure NAMC-Oregon has in place and it was an easy decision to partner.”

Mackenzie recently began its formal Premier Partnership with NAMC-OR and McDowell said they are looking forward to a long-term relationship. Some of the initiatives the firm discussed partnering with NAMC-OR include:

• Participate in the education and training programs NAMC-OR provides to its members to provide insight into the construction process from the design perspective. Topics could include navigating design specifications, the shop drawing process and the change order process.
• Engage Oregon universities in increasing their women and BIPOC students, including providing mentorship and support for students in AEC programs.
• Engage Oregon K-12 schools to build interest in the AEC industry and attract students to seek out an education in AEC programs here locally.
• Reach out to AEC programs at historically Black colleges and universities across the country to build a connection to the supportive AEC community in Oregon to expand graduates with a broader area to apply for jobs.

“Both Mackenzie and NAMC-Oregon have a strong reputation and connection to the local AEC community, and by combining our resources we both felt that together we could advance our initiatives further,” McDowell said. “Mackenzie gains new channels to deepen our efforts in improving diversity, equity and inclusion in the AEC industry, and NAMC-Oregon gains a design perspective on the assistance they provide their members while creating greater contractor visibility to potential clients.”

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As an enrolled Native American with the Tribal Employment Rights Ordinance (TERO) program, Rick Nevarez did road and bridge construction and was dispatched to work on public works construction and prevailing wage jobs.

He explained that the TERO Ordinance requires that all employers who are engaged in operating a business on reservations give preference to qualified Indians in all aspects of employment, contracting and other business activities.

However, Nevarez had wanted to have a custom apparel business since he was a kid, and he always wanted to be his own boss. In 2019, he and his girlfriend, Crystal Henderson, opened The Ink Lab Custom Apparel.

The Ink Lab’s services include screen printing, embroidery, sublimation and heat transfers. Nevarez said that, in addition to being his own boss, he enjoys the creative process of bringing people’s logos and designs to fruition.

While there will be many obstacles when starting a business, Nevarez advised other budding entrepreneurs to “stay relentless, keep grinding, and keep hustling. Also always know your self-worth and what you bring to the table and charge accordingly.”

He shared his appreciation for NAMC-OR’s staff and their plethora of knowledge. “They are always there to answer all our business questions, and they are an invaluable resource. Being a NAMC member has benefited us in helping us with our website and introducing our business to many other businesses that need our services. We are happy and proud to be part of the NAMC family.”

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His interests include carpentry and interior work. Sunalta Construction was created in 2019 with the mission to be an independent contractor and to offer remodeling services to homeowners.

“I enjoy going out and working with different people regarding their own visions about their homes. Swimming pools, fire wood hot tubs, and building decks are really popular right now. Answering questions and educating clients about the layout of their houses are a big part of my work,” he said.

Sunalta Construction is state certified with the help of being a member of NAMC-OR. The company also does additions for schools and commercial work. Networking with community members about upcoming project opportunities is great for his independent business.

White Elk advised others who may be interested in a career in construction to take their time in learning the trade and gain as much on-the-job experience as possible. He stated, “Once you learn your trade, everything else comes pretty easily.”

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Derek Evans-Morales and Trygve Waage, co-owners of Reliance HR Solutions, describe themselves as “passionate about being entrepreneurs,” which led them to start their own business in June 2019.

“We were working for a professional employer organization and saw things that could be done better and cheaper, so we jumped at the opportunity to leverage our networks and skills,” Evans-Morales said.

Waage has a background in sales and brokerage marketing and has owned several businesses. Evans-Morales worked in the private and public sectors, and has a background in information systems and human resources management. They have combined those skills to help clients navigate the complex world of employment law by ensuring compliance with payroll, payroll taxes, workers’ compensation and human resources management.

“Entrepreneurship is engrained in our beings. We saw an opportunity and jumped on it and it’s in a line of work that is very fulfilling, as we help others to become more successful. We saw a true win-win situation where we grow as we help our clients to grow. There’s a lot to be said for being your own boss,” Evans-Morales said.

With three core employees, Reliance HR works with a variety of small and medium-sized businesses in many industries, which gives them a unique perspective that they can apply across companies. “It is fulfilling that our success relies on the success of our clients. So, we appreciate how this structure incentivizes a productive relationship. And it is enjoyable to work with diverse companies and to get to know so many hard-working entrepreneurs.”

Evans-Morales noted that the team has learned a lot over the past three years about the many challenges faced by startups and small businesses.

“We ask our clients about their internal policies as a good baseline for where we should focus. For example, do they already have SOPs in place, do they have an employee handbook, what are their policies surrounding paid leave, who handles their workers’ compensation? These are foundational issues that should be determined before opening your doors,” he said.

As a small business itself, Reliance HR appreciates the support it receives from NAMC-OR and its staff and contractors. “However, we also benefit from the networking and exposure that we get from being part of this community. It feels great to have community with other entrepreneurs from diverse backgrounds,” Evans-Morales said.

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As a former wildland firefighter, Jarell Lambert is no stranger to hard work. He has long had an interest in how things work and how to repair them, so when people started talking to him about a career in construction he wanted to learn more.

Lambert participated in a four-year apprenticeship where he learned carpentry. With about five years of construction experience under his belt, he decided to leave the apprenticeship and start his own company last February.

“I saw how companies were run and how employees were treated. I wanted to exemplify a good atmosphere and fairness, and have some financial gain to care for the community and my family,” he said.

Sky NW Construction provides framing and finish work in residential and commercial construction, renovations and remodels as well as concrete services. As a general contractor/subcontractor, Lambert employs three people including a co-worker from a former contractor employer.

“I saw that he had integrity and worked hard and he would push me, too. I admired his skill sets and knew he was worth more than he was being paid, so I hired him first,” he said. “I try to be mindful and choose guys who are going to work well together.”

Lambert said that, while it’s a challenge to run a business and work on projects at the same time, it’s rewarding to build relationships with clients and complete projects for them. “There’s nothing more satisfying than someone being pleased with what you did for them.”

He added that he was fortunate to receive guidance from other contractors who got their start much like he did, and great teachers in his apprenticeship who offered advice that he now can share with others. “I would tell people to take their time to figure out how the business works, and strive to be around and implement the same things people you look up to are doing.”

Among those who have helped Lambert build his business is NAMC-OR Executive Director Nate McCoy. Early in his career, McCoy helped him transition from a non-union apprenticeship to a unionized program. “We hit it off immediately and Nate is very straightforward. He has always kept his word and attended to my needs,” he said.

Sky NW Construction joined NAMC-OR in February and Lambert said his membership provided immediate benefits. “They have a team of folks who have helped me out with integrating things into my website, they have leads for contracts and work to be done, and they have a very good, solid squad that is consistent.”

Lambert noted: “I give thanks to the Most High, and I give thanks to those who have been supportive outside the industry.”

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By Ryan C. Hall
Miller Nash LLP

As a consequence, project owners and construction contractors have exercised a new degree of vigilance, closely monitoring and documenting claims for increased project costs. This new landscape has often fostered an adversarial dynamic on projects, with both owners and contractors facing unprecedented pressures to track construction spending and cut costs where possible. More than ever, cost concerns have become an issue of contention before, during, and after project completion.

This dynamic between owner and contractor will face new challenges ahead as costs become less predictable, potentially returning to near pre-pandemic levels. Recent trends concerning construction material costs demonstrate extraordinary volatility, with the cost of lumber dropping from $1,400 per 1,000 board feet in March 2022 to $640 per 1,000 board feet in May 2022. This decrease comes on the heels of lumber prices reaching an all-time high, topping $1,500 per 1,000 board feet in May 2021.

Although unpredictable material costs have the potential to create animosity between an owner and contractor, they can also be an opportunity for the parties to pursue mutually beneficial cost savings on projects where the contractor is paid for the cost of the work plus the contractor’s fee. This can be accomplished through the addition of a shared savings clause to the parties’ contract.

A shared savings clause is an agreement between the owner and contractor providing that the contractor will be paid a percentage of the difference between the actual construction costs incurred, plus the contractor’s fee, and the guaranteed maximum price. These clauses can be either simple or detailed, depending on the parties’ needs. While the language of a shared savings clause should be specifically tailored to the needs of both the parties and the project, an example of a basic clause is as follows:

Upon final completion of the Work, if the total Contract Sum is less than the final Guaranteed Maximum Price (GMP), then the difference between the GMP and Contract Sum (the “Savings”) will be divided among Owner and Contractor as follows: (a) 50% of the Savings will be retained by Owner, and (b) 50% of the Savings will be paid to Contractor.

Shared savings clauses have many benefits. First, they incentivize the contractor to monitor and control construction costs, as the contractor has the opportunity to recognize a direct financial benefit from any cost savings realized on the project. The greater the percentage of the cost savings that the contractor will receive, the more likely that the contractor will be motivated to pursue cost savings. This demonstrates another key benefit of a shared savings clause: it provides flexibility by allowing the parties to negotiate the percentage of the cost savings that will flow to the contractor. During contract negotiations, a contractor may be willing to concede its position on other contested contractual provisions in exchange for an increase in its share of the cost savings, and the same is true for the owner.

Lastly, and perhaps most importantly, a shared savings clause ensures that both the owner and contractor are working toward the same goal: the delivery of a completed project that is within, if not below, budget. This not only increases the likelihood of cost savings on the project, but it also can help reduce claims between the owner and the contractor and ensure that they maintain a cooperative, amicable working relationship. Given the constantly evolving pressures in today’s construction industry, this is an invaluable benefit.

That is not to say that a shared savings clause is without its drawbacks. While a shared savings clause may help foster a collaborative working relationship between the owner and general contractor, it may also motivate the general contractor to take a more forceful approach with its subcontractors, given that a subcontractor’s failure to complete its scope of work on time and on budget may negatively impact the general contractor’s ability to share in any cost savings. Likewise, disagreements may arise as to the calculation and timing of payments under a shared savings clause, prompting the need for careful drafting and clear expectations between the parties.

Project owners and construction contractors should therefore have legal counsel review their construction contracts and evaluate whether a shared savings clause would be appropriate under the circumstances. While such a clause may not be necessary on every project, it can be highly beneficial if utilized and drafted correctly.

Ryan C. Hall is a construction and insurance recovery attorney with Miller Nash LLP. He focuses his practice on commercial construction litigation and insurance recovery disputes, and he also has experience with both transactional and general business matters. Ryan can be reached by phone at 503-205-2394 or by email at ryan.hall@millernash.com.

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