John Parnass

John is a construction lawyer advising clients on public and private infrastructure projects, including transit, water/wastewater systems, roads and bridges and tunneling projects, as well as large commercial, medical, sports and educational facilities. His practice is equally divided between preventive counseling and formal dispute resolution.

Within this broad-based practice, John’s primary areas of expertise involve subsurface risk management (i.e., trenchless tunneling disputes, differing site conditions, specification and geotechnical report review), public works procurement issues (bid protests, bidder responsibility issues, legal compliance), and contract negotiation/preparation, general counseling and claims avoidance.

Practice Highlights

Recent trenchless and tunneling

• Geotechnical and Contract Document review/modification for 7,000 lineal foot waterline project installed by horizontal directional drilling and open cut.
• Geotechnical/Contract Document review and modification for 3,500 lineal foot HDD project in historic landslide zone. Negotiate claims and change order requests.
• Obtain jury verdict in favor of Washington city in default termination case arising from micro-tunneling beneath highway.
• Defend large water utility from Differing Site Condition claims arising from MTBM tunneling.
• Represent regional water district association in planning and installing open cut 96" water transmission line.
• Geotechnical/Contract Document modification for lift station abandonment project with new gravity line installed by MTBM.
• Claims counsel for large water/wastewater utility on MTBM project involving convenience termination and DSC issues.

Recent construction litigation

• Bid protests: represented owners and contractors in bid protests in federal court, state courts and legislative and administrative proceedings.
• 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.
• 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.
• 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. 
• 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.
•  Lead trial counsel for the developer of a $42 million mixed use retail/apartment complex located on Mercer Island, Wash.
• Assist client with cost recovery in connection with design and construction of $45 million campus redevelopment project.
• Represented major regional transit agency in defense of large contractor claims for delay, acceleration and lost productivity arising from light rail construction.
• Prosecuted claim for general contractor against subcontractor for reneging on bid day quotes.
• Represented large Northwest general contractor in $25 million suit arising from construction of railroad refueling facility in Idaho.
• Represented major national engineering firm against large surety in dispute over responsibility for failure of coal gasification plant in Wyoming.
• 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.
• Represent Seattle Mariners in construction claims arising from design and construction of new ballpark.
• 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.

Recent construction transactions

• Serve as lead construction counsel for a large regional association of water districts.
• Outside counsel to Sound Transit in connection with its regional light rail system.
• Draft and negotiate client construction contracts for the tenant improvement work to be funded by client in the shell and core facilities in the South Lake Union area of Seattle.
• Serve as outside general construction counsel to major regional water/wastewater utility.
• Drafted and negotiated design/build agreement for $30 million expansion of detention facility.
• 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.