Middleton, Alan S. - Davis Wright Tremaine

Related Practices

Distribution Counseling

Real Estate

Washington Real Estate

Complex Commercial Litigation

Appellate Litigation

Construction Litigation

Arbitration

Government Litigation

Administrative Disputes

Related Industries

Communications, Media & Technology

Wireless

Additional Bios

Languages

Admitted to Practice

Washington, 1998

U.S. District Court Eastern District of Washington

U.S. District Court Western District of Washington

U.S. Court of Appeals 9th Circuit

Alan S. Middleton

Partner

alanmiddleton@dwt.com
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Seattle
206.757.8103 direct
206.757.7103 fax

Alan Middleton focuses on commercial litigation, real estate and land use, construction, and government contracts. He represents clients in a range of industries, from wireless telephone companies to condominium and subdivision developers, large owners, developers and design professionals. Alan has also handled substantial distribution litigation and counseling.

Alan's clients include Hammel Green & Abrahamson (HGA) and Liquid Siding of America.

Selected Experience

Defense of condominium developer

Developer/general contractor
Ongoing
Defending developer/general contractor of condominium against claims of homeowners association and prosecuting third-party claims against subcontractors for indemnity, breach of contract and contribution.

Defense of architectural firm

Architectural firm
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 prior to substantial work.

Defense of condominium developer

Developer/general contractor
2007
Defended developer/general contractor of condominium against claims of homeowners association and prosecuted third-party claims against subcontractors for indemnity, breach of contract and contribution. Case settled after substantial discovery and motion practice.

Defense of material supplier

Material supplier
2007
Defended material supplier to condominium project against claims it provided/installed defective or nonconforming product. Settled after substantial discovery and pretrial motions.

Representation of purchasing agent

Purchasing agent
2006
Represented 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.

Defense of abatement consultant

Abatement consultant
2004
Defended abatement consultant against claims it had failed to detect or characterize contaminants in remodel of 100 year-old high school. Settled.

Defense of material supplier

Material supplier
2004
Defended material supplier to condominium project against claims it provided nonconforming product. Settled at zero out-of-pocket cost.

Paladin Associates, Inc. v. Montana Power Company

Montana Power Company
2003
Defended utility against $39 million claim for alleged antitrust violations in the context of natural gas transmission deregulation. Court dismissed on summary judgment. Affirmed on appeal.

Brundage-Bone Concrete Pumping v. HSBC Commercial Credit

HSBC Commercial Credit
2002
Represented major national lender in defense of a lender liability claim based upon claims of promissory estoppel and breach of contract to lend. Judgment for our client was affirmed on appeal.

Defense of owner/operator of fiber network

Owner/operator of fiber network
2001
Defended owner/operator of fiber network against claims for additional compensation by contractor. Settled after substantial discovery.

Defense of architectural firm

Architectural firm
2000
Defended architectural firm against claims of Kennewick (Wash.) School District alleging design issues caused cost overrun on third Kennewick high school. Settled just prior to AAA hearing.

Defense of site contractor

U.S. Department of Energy site contractor
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 the fabricator for approximately 25 percent of judgment sought and half of the amount last offered by fabricator in settlement.

More Experience >>

Additional Qualifications

Professional and Community Activities