Rick L. Stacey

Bar / Professional Activity

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

Verdicts / Settlements (Case Results)

• 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).
• 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).
• 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

Representative Clients

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

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

Pro bono / Community Service

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

Honors

• 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
• ALM “AV Rated Construction Attorney”
• Avvo.com “10.0 Superb” Peer and Client Review Rated Construction Attorney
• Mr. Stacey has been recognized by Mountain States Super Lawyers for Construction Litigation (2018 - present)., Super Lawyers - Construction Litigation, Mountain States Super Lawyers
• 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
• 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
• 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 achievements., "BV Distinguished" Peer Review Rated Attorney (2009 - 2012), Martindale-Hubbell

Educational Background

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

White Papers

• 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., It's Good To Be King: The Idaho Tort Claims Act, Construction, Consumers, Real Estate Developers, 2014
• This article explains an Idaho law that went into effect in 2006, which supersedes the common law rules formerly governing non-competition agreements in Idaho., New Law May Affect Existing Non-Competition Agreements, All Industries That Utilize Non-competition Agreements, 2006
• This article explains why construction contractors should make sure that their construction agreements include force majeure clauses., Does Your Construction Contract Protect You Against Material Price Increases?, Construction, General Contractors, Subcontractors, Real Estate Development, 2014
• This article explains the requirements of the Idaho Contractor Registration Act and some of the potential consequences of failing to comply., Is Your Construction Company Properly Registered?, Construction, Real Estate Development, 2013
• This article explains some of the potential pitfalls associated with seeking to obtain out of state construction work., Chasing Out of State Work May Cost Unsuspecting Contractors, Construction, 2012
• This article explains an Idaho statute granting temporary state sales tax relief to certain contractors., Sales Tax Relief for Idaho Contractors, Construction, 2006
• Discusses EPA regulations governing storm water pollution controls and the consequences for failing to comply. , EPA Control of Storm Water Pollution, Construction, 2004
• This article explains the technical requirements of the Idaho Contractor Disclosure Act., Disclosure Act Can Seriously Impact Idaho Builders and Developers, Residential Construction, Real Estate Development, Remodeling, 2006
• This article examines the technical requirements of Idaho's Notice and Opportunity to Repair Act., The Notice and Opportunity to Repair Act, Residential Construction, Real Estate Development, Remodeling, 2005

Scholarly Lectures / Writings

• Mr. Stacey spoke to members of the Associated General Contractors (AGC) explaining the intricacies of Idaho's lien and bond statutes., Speaker, Construction Liens and Payment Bonds in Idaho, Construction, Surety, Banking, Title Insurance Companies, 2016
• Mechanic's Lien Laws in Idaho, Association of General Contractors, 2013
• Mr. Stacey spoke to members of the National Association of Women in Construction (NAWIC) about the intricacies of the Idaho Contractor Registration Act., Speaker, Idaho Construction Registration Act, Construction, Real Estate Development, Lending, Banking, 2010
• Mr. Stacey spoke to members of the Associated Builders & Contractors (ABC) about the intricacies of Idaho's lien laws., Speaker, Mechanic's Lien Laws In Idaho, Construction, Banking, Title Insurance, Real Estate Developers, 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, Engineering, Construction, Real Estate Development, Public Works Contracting, 2016

Other Outstanding Achievements

• Mr. Stacey served as interim President of the Boise State University Alumni Association., 2019
• Mr. Stacey was elected and served as the President of the Boise State University Alumni Association, 2020
• Mr. Stacey was elected and served as the Vice President of the Boise State University Alumni Association., 2018
• 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

• Commercial Construction Law
• Commercial Litigation
• Construction Litigation
• Real Estate Foreclosure
• Real Estate Litigation
• Surety
• Title Insurance Litigation
• usiness