Media consultant
Ongoing
Defending claim by architectural firm against media consultant alleging consultant’s work was defective, requiring rework.
Various clients
Ongoing
Representing various owners in damages claims against municipal, county, and state government relating to wrongful permitting activity and alleging claims for tortious interference and Section 1983.
Manufacturer of high-voltage cable
Ongoing
Representing German manufacturer of high-voltage cable in claim for contract balance, with counterclaim for late delivery. Settled at mediation following substantial discovery.
Owner representation
Ongoing
Representing owner in clams against builder/seller for defective construction, breach of warranty, fraudulent inducement. Trial court entered summary judgment against owner when he was represented by another firm; Alan obtained a reversal on appeal on all counts with a remand for trial.
Developer/general contractor
2009
Defended developer/general contractor in two separate cases against claims of condominium homeowners associations and prosecuted third-party claims against subcontractors for indemnity, breach of contract and contribution. Settled at mediation.
2009
Represented landowner in case involving allegedly unreasonable enforcement of design review covenants in residential subdivision. Washington Court of Appeals reversed trial judgment for association.
2009
Represented pharmaceutical company in contract dispute. Contract provided for arbitration before the International Chamber of Commerce. Other party argued clause was unconscionable and unenforceable. The 9th Circuit Court of Appeals disagreed and affirmed dismissal of claims against client based on other party’s failure to pursue ICC arbitration.
2008
Represented landowner in action brought by purchaser seeking to enforce purchase and sale agreement. Defended client on basis of statute of frauds. Summary judgment in favor of client affirmed by Washington Court of Appeals.
Hammel Green & Abrahamson
2007
Defended architectural firm against claims of University of Alaska (Fairbanks) alleging design issues caused cost overrun on Museum of the North. Settled at mediation.
National manufacturer of insulation materials
2007
Defended manufacturer of insulation products in condominium defect litigation against claims it provided/installed defective or nonconforming product. Settled after substantial discovery and pretrial motions.
National wireless carrier
2006
Defended national wireless carrier in many claims brought by various independent dealers nationwide alleging various theories, including breach of contract, violation of Robinson-Patman Act, violation of state franchise and consumer protection legislation and antitrust.
Italian purchasing agent
2006
Represented Italian purchasing agent for Russian developer of luxury shopping center in Moscow against Canadian forest products company in claim that product delivered did not meet specification, with resulting damages from cost to cover delay, demurrage, etc. Settled after document discovery and defeating motions for summary judgment.
Hazardous materials abatement consultant
2004
Defended hazardous materials abatement consultant against claims it failed to detect or characterize contaminants in remodel of 100-year-old high school, resulting in significant project delay and overrun. Settled.
National manufacturer of wood products
2004
Defended manufacturer of pre-primed wood supplied to condominium project against claims it provided nonconforming product. Settled at zero out-of-pocket cost.
Montana Power Company
2003
Defended utility against $39 million claim for alleged antitrust violations in the context of natural gas transmission deregulation. Trial court dismissed all claims on summary judgment. Affirmed on appeal.
HSBC Commercial Credit
2002
Represented major national lender in defense of a lender liability claim exceeding $11 million based upon claims of promissory estoppel and breach of contract to lend. Judgment for our client was affirmed on appeal.
Metromedia Fiber Network, Inc.
2001
Defended owner/operator of fiber network against claims for additional compensation by contractor relating to trench installation of fiber. Settled after substantial discovery.
Hammel Green & Abrahamson
2000
Defended architectural firm against claims of Kennewick (Wash.) School District alleging that design issues caused cost overrun on third Kennewick high school. Settled just prior to arbitration hearing.
Fluor Daniel Northwest
1999
Defended U.S. Department of Energy site contractor against claims by steel fabricator for cost overruns on Environmental Molecular Sciences Laboratory in Richland, Wash. Trial resulted in judgment for fabricator for less than a quarter of damages judgment sought and less than half of the amount last offered by fabricator to settle.
Fluor Daniel Northwest, ICF Kaiser Hanford Co., Kaiser Engineers Hanford, J.A. Jones Construction Services Co.
1999
Defended U.S. Department of Energy Hanford site contractors charged with managing site construction projects against various claims brought by regional and national contractors in at least 10 separate cases. Projects included re-tubing of N Reactor; installation of pneumatic coal-handling system; monitor well-drilling. Theories spanned full range of construction theories, including cumulative impact, cardinal change, changed conditions.
Kaiser Engineers Hanford
1984
Defended U.S. Department of Energy site contractor against claim of wrongful termination brought by local contractor.