Areas of Practice
Construction Disputes and Transactions

Website: www.waconstructionlaw.com

Representative Construction Disputes

Acceleration and Delay Claims. Represented major regional transit agency in defense of large contractor claims for delay, acceleration and lost productivity arising from light rail construction.

Engineering Malpractice. Represented major national engineering firm against large surety in dispute over responsibility for failure of coal gasification plant in Wyoming.

Design/Build Disputes. Represented general contractor in claim against national engineering firm over mistakes by engineer in design/build proposal and in drainage design for mechanically stabilized earth wall.

Construction Defects. Represented large Northwest general contractor in claims arising from construction of railroad refueling facility in Idaho.

SAFECO Field. Represented Seattle Mariners in construction claims arising from design and construction of new ballpark.

Pension Liability. Represented general contractor against union trust fund’s lien claim against bond and retainage on public project. Created favorable new law shielding general contractors from ERISA liabilities.

Residential. Lead trial counsel for owner of high-end custom home. Obtained and collected $4.3 million judgment against builder.

Wrongful Termination. Obtained jury verdict for owner City of Everett after three-week trial on wrongful termination case arising from pipeline project. Affirmed on appeal.

Schedule Claims. Represented general contractor in critical path schedule delay claim against University. Client awarded substantial compensation after Dispute Review Board hearing. Owner’s liquidated damage claim rejected in full.

Fiber Optics Litigation. Defended national telecommunications contractors and owners involving extra cost claims and schedule disruption claims arising from fiber optic installations.

Promissory Estoppel. Prosecuted numerous claims for general contractors against subcontractors for reneging on bid day quotes. Successful appeal to Washington Court of Appeals sustaining client's right to rely on bid and recover damages for nonperformance.

Bid Protests. Represented owners and contractors in bid protests in federal court, state courts, and legislative and administrative proceedings.

Subcontractor Claims. Represented large utility and roadway contractor in dispute with survey subcontractor over inadequate performance. Arbitration award for client for virtually all of its claim, plus attorneys' fees as prevailing party (fully collected).

Insurance Coverage Matters. Represented wide range of contractors in first-party and third-party insurance coverage claims arising from construction operations, including water damage, mold, EIFS, earthquake, faulty workmanship and windstorm perils.

Changed Condition Claims. Represented numerous owners and contractors in claims relating to unanticipated site conditions, including microtunnel boring, cut-and-cover projects and river crossing alignment.

Lost Productivity Claims. Successfully defended claim asserted by electrical subcontractor against general contractor for labor inefficiency losses on public works project. Claimant recovered nothing on large claim decided by arbitration panel following two-week hearing.

Impact Claims. Representation of owners and contractors in multi-party cumulative impact claims.

Defective Specifications. Prosecuted impact claim against major Port District arising out of defective contract specifications. Settled on favorable terms following successful mediation.

Lien Cases. Prosecuted and defended lien claims on private and public projects, including motion practice to vacate liens and multi-party settlement agreements.

Representative Construction Transactions

Pipeline Construction. Construction counsel to large regional water supply network building out transmission and treatment facilities.

Design and Construction Service Agreements. Represented wide range of private and public owners in negotiation of architectural, construction and engineering contracts.

Preconstruction Agreements. Developed preconstruction agreements for general contractor for use in connection with design/build projects.

Outsource Contracts. Represented large contractor in negotiations with regional utility to outsource pipeline construction work.

Museum Authority. Represented Seattle museum in developing contract documents (contract, specifications, proposal, instructions, invitation) for development of major sculpture garden.

Subcontract Agreements. Development of standard subcontractor forms for numerous clients, including general contractors and manufacturing companies.

Insurance. Numerous transactions involving OCIP, CCIP, project-specific coverage.

Indemnity Contracts. Negotiation of wide range of indemnity and contribution contracts allocating risk on public and private projects, including representation of owners, general contractors, subcontractors and suppliers.

Hospital Renovations. Represented owner in development of major new improvements in regional hospital facility.

Special Projects. Represented numerous owners and contractors on special projects, including complex personal residences, boatyard and motor vehicles inspection stations upgrade.

Prior Experience
Judicial clerk, Chief Justice Ellen Ash Peters, Supreme Court of Connecticut, 1987-1988

News reporter, various positions in Northeast and Seattle, 1974-1980

Publications and Presentations
Speaker, "Use of Dispute Review Boards by Public Owners," American Public Works Association, Spring Conference, April 2008

"Emerging Legal Issues on Design/Build," Northwest Construction Consumer Council, June 2007

"Managing Mayhem in the Market," Construction Management Association of America, March 2007

Author, “Selected Construction Law Issues for Commercial Lease Practitioners,” BOMA, September 2006

Memberships and Activities
Listed in "90 Best Business Lawyers," Seattle Business Monthly, February 2007 (Construction Law)

Listed in "155 Top Lawyers," Seattle Magazine, January 2007 (Construction Law)

Listed in "Top Lawyers 2003," Seattle Magazine (Construction Law)

Selected to "Super Lawyers," Washington Law & Politics, 2001-2003, 2006-2007 (Construction Litigation)

AV Rated, Martindale Hubbell

Member, Executive Committee, Davis Wright Tremaine 1997-1999

Member, Associate Committee, Davis Wright Tremaine, 1995-1997

Chair, First Year Associate Committee, Davis Wright Tremaine, 1991-1993

Member, U.S. Supreme Court Bar

Member, Washington State Bar Association

Member, Idaho State Bar Association

Member, U.S. Court of Appeals for the Ninth Circuit Bar

Member, U.S. District Court for Western and Eastern Districts of Washington Bar

Member, Seattle-King County Bar Association

Education
J.D., High Honors, University of Connecticut, 1987

• Notes and Comments Editor, Law Review

B.A. in History, Hampshire College, Amherst, Massachusetts, 1981