At the same time that Portland architecture and engineering firm Mackenzie gained its new name, Hilary Mackenzie’s small residential architecture firm, Mackenzie Architecture Inc., began receiving fewer calls from prospective clients.

A rebranding effort in late 2013 wherein the larger firm, which was founded by Hilary Mackenzie’s father, Tom Mackenzie (he has since retired), changed its name from Group Mackenzie to Mackenzie immediately caused confusion for people seeking the services of Portland-based Mackenzie Architecture, Hilary Mackenzie said.

“It just sucked the life out of my business,” she said.

Before Mackenzie dropped the word “Group,” the names of the two firms were distinct enough that it was less common for people to mistake one for the other, Hilary Mackenzie said. Now, the first hit in a web search for “Mackenzie Architecture” is not her business. Instead, searchers find Mackenzie’s website.

“Basically, my phone quit ringing for three months,” she said. “I decided I had to do something.”

Hilary Mackenzie last summer filed a lawsuit in federal court against Mackenzie for trademark infringement and unfair competition, but has since dropped it after running out of money to pay her lawyer. Following an unsuccessful bid to convince Mackenzie outside of court to revert to calling itself Group Mackenzie, she’s planning to distinguish her business by changing the Mackenzie Architecture name.

In November, Hilary Mackenzie legally changed her full name to Hilary Sundeleaf Mackenzie in honor of her maternal grandfather, late Portland architect Richard Sundeleaf. Taking on her mother’s maiden name corresponds to plans to rename this spring the one-woman firm she founded in 1984. She will likely call it Sundeleaf Mackenzie Architecture Inc.

“I’ll probably keep Mackenzie in (the new name) because I’ve been doing this for 30 years and that’s how people know me,” she said.

Matthew Wilmot, the Schwabe, Williamson & Wyatt lawyer representing Mackenzie, declined to discuss the case, but issued a written statement on behalf of Mackenzie managing principal Rich Mitchell stating that the firm is pleased that Hilary Mackenzie dismissed her lawsuit.

“Our firm has used the Mackenzie mark since 1968, and believes it’s well within its right to use the Mackenzie mark in the present day,” Mitchell said.

Hilary Mackenzie said she has no regrets about pursuing legal action against Mackenzie over the impact of the larger firm’s name change on her business, but knew it was time to move on. She noted that legal fees for trademark infringement lawsuits average around $150,000.

“For one person, it’s prohibitive,” Hilary Mackenzie said. “I decided I needed to go forward. I tried. I wanted to try.”

Her lawsuit asked that Mackenzie return to using its former name and sought monetary damages from the larger firm. But she admitted that the chances of the case reaching court were slim.

“Trademark lawsuits – they’re fabulously expensive to pursue,” Hilary Mackenzie said. “What you win if you win is the right of the name. It’s where the big boys play. It’s all about gaining those rights and you rarely get monetary damages.”

Mostly, she said she’s disappointed with how the larger firm handled her concerns by barely responding to initial phone calls and letters before the lawsuit was filed and then indicating it would defend its name in a costly legal battle.

“I frankly thought they were better than that,” Hilary Mackenzie said. “That had always been the problem that they could always outspend me, but I was hoping they were willing to talk about it.  I didn’t think it was unreasonable.”

She said she’s also baffled why Mackenzie officials appear to have no concern about the confusion the firm name change has caused. After the larger firm rebranded, the volume of calls and mail her firm received intended for Mackenzie staffers surged. She said she still receives several calls a week and mail intended for Mackenzie. Her lawsuit claimed that when Mackenzie staffers received calls seeking the services of Mackenzie Architecture, they transferred those inquires to the larger firm’s architecture department.

“It’s unprofessional and it goes against the standards of architects because you’re never supposed to take work from other architects,” Hilary Mackenzie said.

In an August 2014 letter to Hilary Mackenzie’s lawyer, Kevin Hayes of Klarquist Sparkman, Wilmot said Mackenzie exclusively provides commercial architectural services while Mackenzie Architecture strictly provides residential services, so it’s unlikely for clients to mix up the two, he said.

“My client does not receive inquiries from any such ‘confused’ prospective clients as there is no confusion in the marketplace,” Wilmot wrote.

He added that Mackenzie would only consider a dispute resolution that did not involve changing the firm’s name. In bold type face he wrote, “Mackenzie has no intention of changing its name and any demands that it do so will be objected outright.”

Publicity surrounding the Mackenzie Architecture trademark infringement lawsuit against Mackenzie has informed potential clients that the two Portland firms are independent businesses, Hilary Mackenzie said.

“Filing the lawsuit helped a lot,” she said. “It did distinguish. People were looking for which Mackenzie they wanted as opposed to thinking they were the same.”

When Hilary Mackenzie filed the lawsuit, she wasn’t willing to change the Mackenzie Architecture name. But she’s now pleased that her firm’s new name will recognize her grandfather who she interned for at the beginning of her career. Sundeleaf, who died in 1987, was a well-regarded Portland-area architect who helped Hilary Mackenzie’s father get established as an engineer in Portland by referring clients to him, she said.

“I think I’m going to like my new firm name,” Hilary Mackenzie said. “I have a nice architectural pedigree.”

The post Architecture firm to change its name appeared first on Daily Journal of Commerce.

Work on the began last March in Gresham. The CMU and steel structure will house police support functions, including support for patrol officers in Rockwood, evidence storage and processing areas, and a community room. Partners on the project include general contractor , construction manager , and architects . Targeted major completion of the project is set for this November.

The post Public safety facility under construction in Gresham appeared first on Daily Journal of Commerce.

In the wake of the recession, many local architectural firms have had to expand the scope of their services to find new avenues of business in a shrinking marketplace. As the economy begins to recover, those efforts appear to be paying off – 2012 produced the strongest growth in the architecture industry in five years.

“The commercial office side … has been still really slow, so we’ve had to look at other ways to grow and to diversify,” said Rich Mitchell, managing principal of Group Mackenzie, one of Portland’s largest architectural firms.

In 2008, Group Mackenzie had 156 employees. By the third quarter of 2009, it had a total of 89 in its offices in Portland, Seattle and Vancouver, Wash.

Business was dwindling for traditional projects such as suburban industrial ones, so the company had to refocus. It began concentrating on commercial redevelopment projects in the urban core, where an increasing number of residents and businesses were migrating.

“We’ve had to change how we go about projects, and being a firm that is 50 years old, we were part of that group – 30 years ago, even 20 years ago – where almost all of our work was in the suburban ring and further out,” Mitchell said. “Today, that’s not the case. It’s much more balanced. A lot of our work is in the city and a lot of our work is going to be in the city.”

The company’s architectural billings grew 7 percent in 2011 and 20 percent in 2012. Projections are for 5 to 10 percent growth this year. Meanwhile, it now employs 139 people.

Group Mackenzie’s story fits with national statistics. According to the American Institute of Architects, November was the strongest month for architectural billings growth since the end of 2007. The overall Architecture Billings Index was at 53.2 (any score over 50 indicates growth) – the fourth straight month of progress.

The index is an economic indicator of construction activity nine to 12 months down the road, so it stands to reason that builders could be busy next summer. Billings were strongest in the Midwest and Northeast regions; however, the Northwest also stands to benefit.

Kermit Baker, AIA’s chief economist, said numerous Western markets overbuilt prior to the recession – like California, Nevada and Phoenix – are holding back the rest of the region with lackluster billings.

Chris Linn, a principal at Boora Architects, which employs approximately 68 people in Portland, is anticipating a 3.5 percent to 4 percent increase in billings this year, much from new multifamily projects on tap. Linn said the addition of out-of-state work and projects for Stanford University and Google helped the company weather the economic storm.

Diversification of roles and responsibilities has carried local architects through tough times, according to Brian Mares, an architect with Scott | Edwards Architecture.

“I think it’s important for architects to remember that our skill sets are wide-ranging and have a place in many different sectors,” he said.

Danny Drake, an associate with LRS Architects, noted that he has invested in technical aspects. He took a number of computer programming and business administration classes in college in addition to his architecture coursework.

“When projects started shrinking, a single skill-set staff member was no longer sustainable and was required to obtain multiple skills,” he said. “This not only helped fill the gap of my architectural position, but provided me the skill to quickly adapt to a changing work environment.”

Many professionals, however, were not able to adapt during the recession, said Jeff Myhre, president of Myhre Group Architects. As a result, some either had to take positions beneath their experience level, or were let go.

“Their past skills and positions circa 2007 are no longer in high demand,” he said. “I’ve known numerous architects who have left the industry entirely, and numerous that have had to reinvent themselves within it. I’ve also hired numerous people in my own company who once held higher-level positions in other firms.”

Myhre believes the trend will continue this year, because firms remain reluctant to create new positions. Higher-level members will have to continue to serve multiple purposes, he said.

“This can be a demoralizing, frustrating and a very scary experience,” Myhre said. “The trend in 2013 that many local architects will experience will be one of deep, personal introspection and self-awareness with regard to their overall career.”

John Holmes, a principal at Holst Architecture, said 2012 was a record year for the company and that over the past 18 months it has doubled its number of employees from 12 to 24. It has transitioned from condominium projects to apartments, and increasingly focused on serving repeat national retail clients and institutions.

The post Diversification key to architects’ survival appeared first on Daily Journal of Commerce.

Portland Community College is suing architecture and engineering firms that performed work for the College Services Building on its Sylvania campus.

The school claims that and failed to adequately design the concrete floors of the $5.25 million building, which has floors that sag excessively. The floor defects led to damage in drywalls, wall partitions and doorjambs, the school claims.

PCC is demanding that the firms pay $2.4 million in damages.

“PCC takes its stewardship of public resources, including the management of bond dollars, very seriously,” said James Hill, communications specialist for PCC.

The three-story building, which was completed in 2006, was paid for with money from a $144 million bond measure approved by voters in 2000. The structure houses offices for services including transportation and public safety.

The lawsuit claims that Opsis broke a project agreement in which the firm vowed to provide competent and professional architectural services. The suit also accuses Group Mackenzie of negligence and failure to exercise the degree of skill ordinarily possessed by “reputable” engineers.

Both Opsis and Group Mackenzie declined to comment. However, James Meyer, a partner at Opsis, did say that all the parties involved were working toward a resolution.

“I would like (a resolution) tomorrow, but I think the process will take some time,” he said.

Under the state statute of repose, public works project owners have 10 years after construction is completed to submit a claim against the project’s architects or engineers. Similarly, owners have 10 years to submit a claim against the project’s general contractor.

However, unlike claims against general contractors, claims against architects and engineers on public works projects have a two-year “discovery period,” so claims must be submitted within two years after design defects are found. The validity of PCC’s lawsuit could be dependent on whether PCC can prove that it noticed the floors were sagging within the past two years.

“The fight is often about when the defect is discovered for claims against architects and engineers,” said Jill Schneider, a commercial litigation lawyer with . “The claim must be brought within two years of when the … defective design was first discovered or should have been discovered with reasonable care.

“Usually an owner is not tasked with the responsibility to do a full-bore investigation on a regular basis. That is the general standard – what PCC should have discovered rests entirely on the facts of the situation.”

The lengths of the discovery period and the statutes are products of legislative lobbying by architects, engineers and contractors to gain advantageous rules, Schneider said.

The reason why claims against architects and engineers have a two-year discovery period, which essentially reduces litigation risk by eight years for public works projects, is simple, said Cindy Robert, a lobbyist for the American Institute of Architects.

“Once you notice (the defects), you have to say something right away – and for design, that makes sense,” she said. “If there’s a problem with the design, there’s probably a problem with the construction, so you want to get on it right away.”

The project’s general contractor, , is not named in the lawsuit; however, it could be served later, Robert said, because the window is wider.

“Part of the problem of those who sue in this situation is they just cast a wide net and bring in whoever they can,” Robert said.

PCC declined to comment on this possibility.

The defendants’ lawyers must file a response to the lawsuit within 30 days, but the time frame for litigation isn’t set.

The post PCC sues architect and engineer of services building appeared first on Daily Journal of Commerce.

is renovating a former pizza restaurant on Southwest 1st Avenue in downtown Portland for the Department of Veterans Affairs. The 4,500-square-foot space is being converted to a Community Resource and Referral Center and will feature a classroom, training room, social room and medical exam room at street level. A basement level will contain office space, a break room and storage for the center’s staff. The renovation was designed by .

The post Former pizza joint renovated for Department of Veterans Affairs appeared first on Daily Journal of Commerce.

When Reynolds High School was built in Troutdale in 1976, plans existed for sophisticated athletic facilities.

But “plans never came to fruition,” Principal Jeff Gilbert said. “I don’t know why.”

“We say we have the worst outdoor athletic facilities of any 6A – or even 5A – school in the state,” Assistant Principal and Athletic Director John Olsen said.

Reynolds has approximately 2,850 students, and most schools with comparable enrollments have a synthetic-turf football field with lights and stands. Reynolds’ “practice-quality” fields, however, force sub-varsity football games and even varsity soccer matches to be scheduled around sunset, so some start as early as 3 p.m, Olsen said. Varsity football games are played on a rented field at Mount Hood Community College.

But the Reynolds School Board last month authorized fundraising – completely from private sources – for a new football stadium at the school. Gilbert believes ground could be broken on a new stadium within two years.

“The goal is that students who are freshmen now will be playing on the facility by their senior year,” he said.

To kick off the process, the school district enlisted to assemble a master plan for athletic facilities.

“They are blessed with a lot of space to work with,” said Group Mackenzie Director of Civil Engineering Matt Butts.

The master plan calls for not only a football field with stands and a track, but also two softball fields, two baseball fields, two soccer fields – and space for youth fields and other options.

The master plan is designed in phases, with phase one focusing on the football stadium; its design and construction costs are projected to be $4.5 million to $5.5 million. A more detailed design would be commissioned later, according to Gilbert.

“We have the feasibility study done, so we know that permitting is possible, the water drainage can happen, and that the physical structure can exist in that location,” he said.

The district doesn’t plan to start building additional fields at the high school – such as those laid out in the master plan – in the near future; however, it was also important to map out where they might be constructed later on, Gilbert said.

“We wanted to make sure that, five to 10 years down the road, we hadn’t put in a football stadium where we wanted baseball,” he said.

If the second phase is built out in the future, it will mean better drainage on Reynolds’ extensive grounds for multiple sports. The baseball facilities and others in the master plan are estimated to cost $2.5 million to $3 million.

The team behind the project has decided to pay for it without district money and without a request for a voter-approved bond.

“That’s pretty standard these days,” Butts said. “I think, from a funding standpoint, it’s difficult for districts to commit much funding to this (kind of project.)”

Group Mackenzie recently completed two similar projects funded by parent organizations or athletic boosters, Butts said.

“People pay a lot in taxes already,” Gilbert said.

He said he has spoken with people who appreciate that only the people interested in building the stadium are being asked to pay for it. That’s one reason, he said, why the community is energized already.

“Since we made the announcement, we’ve had people approach us who want to volunteer their time: construction workers, electricians and businesses,” Gilbert said. “They’re not only saying they want to help financially, but they’re giving a lot of in-kind donations of labor and materials.”

Interest is coming from a wide area because Reynolds High School draws students from several surrounding cities, including Portland, Gresham, Fairview and Wood Village.

“The stadium is bringing people from all those municipalities together,” Gilbert said. “When people come to visit, they see the overwhelming amount of spirit and excitement that’s happening here.”

The post Reynolds football stadium effort kicks off appeared first on Daily Journal of Commerce.

The Canby police department is gaining room for growth. Its existing facility is 3,800 square feet, and its new one will be 25,000. Plus, an 11,000-square-foot basement – that will let in daylight – will be able to accommodate possible expansion.

“You name it, and just about everything (in the existing building) is substandard,” said Jeff Humphreys, principal-in-charge. “… they are just now getting what they have always needed.”

The new building will have amenities that the present one lacks: adequate space for evidence and records storage, facilities for male and female officers, holding cells and covered parking for some police vehicles. A multipurpose community room and a fitness center also are planned.

The exterior will include a large, glass section in front, and a sawtooth roof that came about through a series of meetings featuring input from citizens. The building is designed to relate to both residences and industrial buildings, because it will be sandwiched between them.

The sloped site allowed inclusion of a basement; however, the building will look like a one-story structure from the street. Additional funding could lead to the basement being transformed into a five-lane shooting range.

The building will feature a 20-kilowatt, 3,000-square-foot solar array – an element now required in all Oregon public projects – as well as an efficient HVAC system.

“We have not sought (Leadership in Energy and Environmental Design) certification, but we’re looking to have as many efficiencies as make sense,” said Robert Bitter, project manager at the Canby Urban Renewal Agency.

Construction will start this month, and should be completed in approximately May 2012, Bitter said.

The Canby Urban Renewal Agency is developing the project, and Francis C. Berg Architect PC is serving as the project manager. P&C Construction is the construction manager-general contractor. Project team members include Group Mackenzie and Interface Engineering.

Team members at Group Mackenzie include: Brett Hanson, project manager; Josh McDowell, structural engineer; Dan Jenkins, landscape architect; Tim McGuire, civil engineer; and Jane Chambliss, interior designer.

“On the Boards” is a weekly feature that spotlights local firms’ best design work. Submissions from architectural and engineering firms are encouraged. Please email ontheboards@djcoregon.com or call 503-802-7240.

The post Group Mackenzie designs Canby police facility appeared first on Daily Journal of Commerce.

The ongoing debate over what industrial sites are and aren’t available might finally come to an end in the Portland area as the public and private sectors look to team up and take an inventory.

Metro, the Port of Portland, Business Oregon, the Portland Business Alliance and the Oregon chapter of developer association NAIOP are starting work on a six-month investigation to identify all the industrial sites within the urban growth boundary or urban reserves that are at least 25 acres in size. The information will then be compiled into a report and used to inform decisions at the local, regional and state levels in the future. The work will cost $50,000 to $60,000 and be split between the groups.

The project, being done by Group Mackenzie, will be completed in two phases. Phase one, from June through September, will focus on creating an inventory of potential industrial sites that are development ready, as well as others that need additional work to make them development ready. These include brownfield clean-up sites, those that need additional investments in public services and those that need zoning adjustments.

Phase two, from October to November, will focus on analyzing five to ten strategically important industrial sites that will look at market opportunities and more detailed lists of actions, requirements and costs necessary to overcome development barriers.

The post Inventory of industrial land to be taken by public, private groups appeared first on Daily Journal of Commerce.

The city of Hillsboro is taking bids from contractors to construct a new fire station near Hillsboro Airport.

The new building will replace the existing Parkwood fire station, located at 275 N.E. 25^th Ave. Built in the 1970s as a temporary station, the current site is too small to locate a new station. Instead, the city of Hillsboro has leased land near the Port of Portland’s Hillsboro Airport to construct the replacement station.

Designed by Group Mackenzie, the new fire station will be 13,000 square feet, according to Storm Smith, public information and education officer with Hillsboro Fire and Rescue. The new site will be able to accommodate larger fire apparatus and have space to house the department’s battalion chief who oversees all of Hillsboro’s fire stations, Smith said.

Smith declined to give an estimated cost for the project, saying the city is waiting to see what contractors put in their bids. Bids are due to the city of Hillsboro by Jan. 20, 2011. The project will take about nine months to construct, and Fire Rescue hopes to occupy the new station by the end of 2011.

The post Hillsboro fire station up for bid appeared first on Daily Journal of Commerce.

One of two projects at Coaxis Inc. in Southeast Portland is substantially completed and the other is nearly finished. Employees of the company in the RiverEast Center at 1515 S.E. Water Ave. will soon be working out in a new exercise room with an attached massage room. A former 2,500-square-foot warehouse space on the building’s second floor now has new paint, new flooring, exercise equipment and open space for exercise classes. A 2,200-square-foot space will soon be the home to 24 work stations. The third-floor office area got new paint, carpeting and electrical upgrades. The two renovation projects are being done by TS Construction Management from designs by Group Mackenzie Inc.

The post RiverEast Center appeared first on Daily Journal of Commerce.