Rick L. Stacey

Attorney Profile

Top Rated Construction Litigation Attorney in Boise, ID

McConnell Wagner Sykes + Stacey
 | 827 E. Park Blvd., Suite 201
Boise, ID 83712
Phone: 208-994-5029
Fax: 208-489-0110
Selected To Super Lawyers: 2018 - 2019
Licensed Since: 2003
Practice Areas:
  • Construction Litigation: Business (40%),
  • Real Estate: Business (20%),
  • Personal Injury - General: Plaintiff (10%),
  • Surety (10%),
  • Government Contracts (10%),
  • Business Litigation (10%)
Attorney Profile

Attorney Rick L. Stacey is a founding member with the McConnell Wagner Sykes + Stacey PLLC law firm in Boise, Idaho. Serving a diverse range of clients throughout the Boise metropolitan region and all across the state, Mr. Stacey focuses his practice on complex commercial litigation, maintaining a particular focus on litigation involving construction and real estate disputes.

A highly rated and award-winning trial lawyer, Mr. Stacey has achieved unprecedented success advocating on behalf of contractors and subcontractors, construction managers, lenders, project owners and other stakeholders during bench and jury trials as well as during arbitration. During the course of his career, he has helped secure over $45 million in judgments and awards for his clients.

Along with his successful trial and arbitration practice, Mr. Stacey also has extensive experience negotiating and drafting construction contracts, and he has achieved worldwide recognition as a leader in this area of law. As such, he routinely offers testimony and counsel in litigation involving engineering, procurement and construction issues, and other related matters.

A 2000 magna cum laude graduate of Boise State University, Mr. Stacey attended the S.J. Quinney College of Law at The University of Utah, where he obtained his Juris Doctor in 2003. That same year, he received his license to practice from the Idaho State Bar, and he is also admitted to practice before the U.S. District Court for the District of Idaho. He also received a certification in environmental and natural resource law during his time in law school.

Recognized for his impeccable professionalism and exceptional trial and negotiation skills, Mr. Stacey has received a number of awards and honors, in addition to being recognized by Super Lawyers, he has also received a "Top 100 Trial Lawyer" designation from The National Trial Lawyers, and he currently holds an AV Preeminent peer review rating* from Martindale-Hubbell. He is also highly active in his legal community, as evidenced by his membership with local, state and national bar associations.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Construction Litigation (40%): Construction Defects

Real Estate (20%)

Personal Injury - General (10%): Personal Injury - Plaintiff

Surety (10%)

Government Contracts (10%)

Business Litigation (10%)

Focus Areas

Construction Defects, Personal Injury - Plaintiff

Selections

Selected to Super Lawyers for 2 yearsbottom-image

Super Lawyers: 2018 - 2019

Email Me

To: Rick L. Stacey
Super Lawyers: Potential Client Inquiry

White Papers

  • It's Good To Be King: The Idaho Tort Claims Act (2014) - This article explains the Idaho Tort Claim Act, which requires Idahoans damaged by state or local governmental action must provide the governmental entity with notice of said damages within certain time limits.

  • New Law May Affect Existing Non-Competition Agreements (2006) - This article explains an Idaho law that went into effect in 2006, which supercedes the common law rules formerly governing non-competition agreements in Idaho.   

  • Does Your Construction Contract Protect You Against Material Price Increases? (2014) - This article explains why construction contractors should make sure that their construction agreements include force majeure clauses.

  • Is Your Construction Company Properly Registered? (2013) - This article explains the requirements of the Idaho Contractor Registration Act and some of the potential consequences of failing to comply.  

  • Chasing Out of State Work May Cost Unsuspecting Contractors (2012) - This article explains some of the potential pitfalls associated with seeking to obtain out of state construction work.

  • To Arbitrate or Not to Arbitrate? An Important Question (2009) - This article discusses the pros and cons of arbitration that one should consider in determining whether to contractually require all disputes to be decided by arbitration.

  • Sales Tax Relief for Idaho Contractors (2006) - This article explains an Idaho statute granting temporary state sales tax relief to certain contractors.

  • EPA Control of Storm Water Pollution (2004) - Discusses EPA regulations governing storm water pollution controls and the consequences for failing to comply. 

  • Disclosure Act Can Seriously Impact Idaho Builders and Developers (2006) - This article explains the technical requirements of the Idaho Contractor Disclosure Act.  

  • The Notice and Opportunity to Repair Act (2005) - This article examines the technical requirements of Idaho's Notice and Opportunity to Repair Act.

  • About Rick Stacey

    Admitted: 2003, Idaho

    Professional Webpage: https://www.mwsslawyers.com/About/Rick-L-Stacey.shtml

    Honors/Awards:

    • Mr. Stacey was named a Top Lawyer by the Construction Lawyer Society of America (2017 - present), Charter Fellow - Top Lawyer, Construction Lawyers Society of America, 2017
    • Mr. Stacey has been recognized by Mountain States Super Lawyers for Construction Litigation (2018 - present).  , Super Lawyers - Construction Litigation, Mountain States Super Lawyers, 2018
    • Mr. Stacey was named a Distinguished Lawyer in Real Estate Law in recognition for his excellence in the practice of law., Distinguished Lawyer in Real Estate Law, Lawyers of Distinction, 2019
    • Mr. Stacey is a Martindale-Hubbell “AV Preeminent" peer review rated attorney.  This is the highest rating available from Martindale-Hubbell in recognition of the highest levels of professional excellence.  , "AV" Preeminent Peer Review Rated Attorney (2013 - present), Martindale-Hubbell, 2013
    • Mr. Stacey has been name a Top 100 trial lawyer by The National Trial Lawyers.  This is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research. Membership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards, Top 100 Trial Lawyers (2014 - present) , National Trial Lawyers Association, 2014
    • Prior to being rated as an "AV Preeminent" peer review rated attorney, Mr. Stacey was rated "BV Distinguished" peer review rated attorney.  The "BV Distinguished" rating recognizes an attorney's high professional acheivements.  , "BV Distinguised" Peer Review Rated Attorney (2009 - 2012), Martindale-Hubbell, 2009

    Bar/Professional Activity:

    • Construction Lawyers Society of America - Charter Fellow (2017 - present), 2017
    • Associated General Contractors of America (AGC) (2003 - present), 2003
    • American Bar Association, Forum on the Construction Industry (2003 - present), 2003
    • National Trial Lawyers Association (2014 - present), 2014
    • Idaho Association of Defense Counsel (2013 - present), 2013
    • Construction Financial Management Association (2011 - present), 2011
    • AGC Construction Leadership Council, Vice President (2007 - 2008), 2007
    • AGC Construction Leadership Council - Executive Committee (2004 - 2008), 2004

    Pro bono/Community Service:

    • Hillcrest Country Club - Executive Committee (2019 - present) , 2019
    • Hillcrest Country Club - Board of Directors (2018 - present) , 2018
    • Boise State University Alumni Association - Executive Committee (2014 - present), 2014
    • Boise State University Alumni Association - Board Member (2012 - present), 2012

    Scholarly Lectures/Writings:

    • Mr. Stacey spoke to members of the Associated General Contractors (AGC) explaining the intracacies of Idaho's lien and bond statutes., Speaker, Construction Liens and Payment Bonds in Idaho, Banking, Construction, Surety, Title Insurance Companies, 2016
    • Mr. Stacey spoke to members of the National Association of Women in Construction (NAWIC) about the intracacies of the Idaho Contractor Registration Act. , Speaker, Idaho Construction Registration Act, Banking, Construction, Lending, Real Estate Development, 2010
    • Mr. Stacey spoke to members of the Associated Builders & Contractors (ABC) about the intracacies of Idaho's lien laws., Speaker, Mechanic's Lien Laws In Idaho, Banking, Construction, Real Estate Developers, Title Insurance, 2014
    • Mr. Stacey spoke to members of the Associated General Contractors (AGC) about coverage issues associated with Commercial General Liability policies of insurance.  , Speaker, What Every General Contractor Should Know About Commercial General Liability Insurance Policies, Construction, Small Business, 2015
    • Mr. Stacey gave a continuing education lecture on the different delivery methods for engineering, procurement and construction projects and engineering, procurement and construction management contracts., Speaker, EPC and EPCM Contracting, Construction, Engineering, Public Works Contracting, Real Estate Development, 2016

    Verdicts/Settlements:

    • Valiant Idaho, LLC v. VP, Inc.: A defendant in the Valiant v. Pend Oreille Bonner Development, LLC case appealed the district court's determination that our client's mortgage liens were superior to said defendant's vendor's lien.  After hearing oral arguments, the Idaho Supreme Court denied the defendants appeal on all substantive legal issues and upheld the district court's decision.  This decision is published as 429 P.3d 855 (Idaho 2018).  , 2018
    • Valiant Idaho, LLC v. JV, LLC: A defendant in the Valiant v. Pend Oreille Bonner Development, LLC case appealed the district court's determination that our client's mortgage liens were superior to said defendant's lien.  After hearing oral arguments, the Idaho Supreme Court denied the defendants appeal on all substantive legal issues and upheld the district court's decision.  This decision is published as 429 P.3d 168 (Idaho 2018).  , 2018
    • Tianwei New Energy Holdings, Co., Ltd. v. International Law Firm: Mr. Stacey was retained by an international law firm based in New York City to provide an expert opinion and testify regarding construction law matters arising out of the EPC and EPCM contracts used for the engineering and construction of the failed Hoku, Inc. poly-silicon manufacturing plant located in Pocatello, Idaho. He drafted expert opinions and presented expert testimony in the Beijing Municipal Higher People's Court in Beijing, China.  The court ultimately relied upon Mr. Stacey's testimony to determine that the law firm was not responsible for any ($0) of the $525 million dollars in damages allegedly suffered by plaintiff.  , 2018
    • Valiant Idaho, LLC v. Pend Oreille Bonner Development, LLC: Represented private lender that loaned money for the construction and development of The Idaho Club, a residential home and golf course development located in Sandpoint, Idaho.  The court adjudicated the priority of our client's liens and awarded damages in the amount of $21,070,526.88 after a bench trial.  , 2016
    • Yarbrough v. Idaho Waste Systems, Inc., et. al.:  Mr. Stacey obtained a $6.7 million judgment on behalf of a private lender seeking to foreclose its mortgage and recover damages against the borrower and personal guarantors on a $4.2 million dollar promissory note.    , 2015
    • Highway Technologies, Inc. v. J.R. Simplot, Co., et. al.: Mr. Stacey obtained a dismissal with prejudice of mechanic's lien claims totaling $650,000.  , 2015
    • Genesis Golf Builders, Inc. v. Pend Oreille Bonner Development, LLC et. al.: Mr. Stacey obtained a dismissal with prejudice of $1.8 million in mechanic's lien claims on behalf of a construction lender.  , 2014
    • J.R. Simplot v. Trina Solar (U.S.), Inc., et. al.: Mr. Stacey obtained the dismissal of a $31.8 million mechanic's lien claim recorded against our client's property.  , 2013
    • Fagen, Inc. v. J.R. Simplot Self Declaration of Revocable Trust, et. al.: Mr. Stacey obtained the dismissal with prejudice of $1.4 million in mechanic's lien claims recorded against our client's property.  , 2013

    Transactions:

    • Drafted Engineering, Procurement & Construction Agreement for the construction of a $50 million wastewater treatment facility., 2014
    • Drafted and negotiated Engineering, Procurement & Construction Management (EPCM) Agreement for the construction of a $300 million chemical manufacturing facility., 2015
    • Drafted Engineering, Procurement & Construction Agreement (EPC) on behalf of client for the construction of a $150 million dollar expansion to a chemical processing facility., 2013
    • Drafted and negotiated a Engineering, Procurement & Construction Management Contract (EPCM) on behalf of client for the construction of a $250 million food processing facility., 2012

    Representative Clients:

    • Simplot, Co.
    • Datum Construction, LLC
    • Pacific Coast Supply, LLC
    • Valiant Idaho, LLC
    • Raymond Management Group, LLC
    • Fidelity National Title Insurance Company
    • First American Title Insurance Company

    Other Outstanding Achievements:

    • Mr. Stacey received the "President's Award" for his service on the Boise State Alumni Association's Board of Directors.  This award is the highest achievement that a BSU Board Member can receive for service to the BSU Alumni Association and is given to those who exemplify leadership and dedication to Boise State University.  , 2017
    • Mr. Stacey was honored by the Boise State University Alumni Association for outstanding dedication, leadership and service as a Alumni Association Board Member and Executive Committee Member. , 2014
    • Mr. Stacey received an academic scholarship to attend the University of Utah - SQ Quinney School of Law.  , 2003
    • Mr. Stacey was nominated as a Top Ten Scholar his senior year at Boise State University by the Department of Arts and Sciences. , 2000

    Educational Background:

    • Boise State University, B.A., magna cum laude, Honors: Nominated as a Top 10 Scholar, 2000

    Industry Groups

    • Agricultural
    • Banking
    • Commercial Construction
    • Food Processing
    • Real Estate Development
    • Surety
    • Title Insurance
    Show More
    Office Location for Rick L. Stacey

    827 E. Park Blvd.
    Suite 201
    Boise, ID 83712

    Phone: 208-994-5029

    Fax: 208-489-0110

    Rick L. Stacey:

    Last Updated: 6/26/2019

    Page Generated: 0.32943892478943 sec