John Parnass

John is a construction lawyer with more than 20 years' experience who specializes in complex infrastructure projects, including transit, water/wastewater systems, roads and bridges and tunneling projects, as well as large commercial, medical, sports and educational facilities. Within his broad-based practice, John’s primary areas of expertise involve subsurface risk management (i.e., differing site conditions, specification and geotechnical data report review, microtunnel boring machine disputes), public works procurement issues (bid protests, bidder responsibility issues, legal compliance), and contract negotiation/preparation, general counseling and claims avoidance. John is a frequent speaker to industry organizations and edits Washington’s oldest construction law blog, www.waconstructionlaw.com.

Practice Highlights

Construction litigation

• Economic loss rule: represented Washington general contractor in obtaining dismissal of tort claims filed by school district.
• Statute of limitations: represented major league baseball team in Washington Supreme Court case establishing that Seattle stadium is exempt from statute of limitations.
• Acceleration and delay claims; engineering malpractice; design/build disputes; construction defects; and residential.
• 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.
• Wrongful termination: obtained jury verdict for owner City of Everett (Wash.) 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 multiparty 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 multiparty settlement agreements.

Construction transactions

• Tenant Improvements: represented major Internet retailer in negotiation of construction and design contracts for development of over one million square feet of leased space.
• 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.