Range of Services Offered
Our
services to the construction industry include:
ADA Public Accommodation
Law
Davis Wright Tremaine has extensive experience in advising developers,
contractors, and property owners on the often rigorous requirements
of the Americans with Disabilities Act as they apply to real estate
development. This experience includes advising contractors on necessary
alterations to existing structures and new developments, as well
as defense of claims brought under the Act in state and federal
courts. Because ADA public accommodation/accessibility laws apply
to the vast majority of commercial development projects, the firm's
ability to provide practical and knowledgeable advice on these issues
in a timely manner is crucial to keeping projects on schedule and
avoiding costly claims.
Contract
Negotiation and Drafting
The firm frequently drafts, reviews and negotiates contracts for
its clients. The firm prepares and negotiates project specific contracts
and adapts industry contracts to meet the needs of the client and
the project. Members of the Department are familiar with the AIA,
AGC, and NSPE contract documents, including design-bid-build, design-build,
construction management, construction manager/general contractor
(CM/GC) and fast-track variations. In addition, firm members are
familiar with federal, state, and other industry contract forms
and regularly advise clients on potential pitfalls of proposed contract
arrangements and ways to minimize potential liability, and ways
to limit project disputes.
Claim
Preparation
Often, while a construction job is still in progress or wrapping
up, disputes will arise among owners and contractors. The firm has
extensive experience in preparing claims for owners, engineers and
contractors. In appropriate cases, we work with consultants and
coordinate the technical components of the claim. The firm then
works with its clients to present the claim consistent with construction
law principles and consistent with the relevant contract documents.
Such claims experience can be instrumental whether the forum is
an alternative dispute resolution process or formal arbitration
or litigation.
Dispute
Resolution
The firm is committed to providing
cost-effective services and has extensive experience in alternative
dispute resolution proceedings, and in, mediation, arbitration,
and litigation. The firm's extensive dispute resolution experience
includes delay-and-impact claims, bid protests, defective specification
and design claims, and insurance coverage issues. In addition to
representing owners and general contractors, the firm has developed
extensive expertise in the area of A/E liability.
Government
Contracts
Our government contracts practice includes assisting clients
with the preparation of bids, proposals, grant applications, bid
protests, negotiating computer hardware and software supply contracts,
negotiating federal office leases, women, minority, disadvantaged
and emerging business requirements, defending contractors under
criminal investigation by federal agencies or grand juries, and
the prosecution or defense of federal whistle-blower suits. The
practice group also has expertise in representing government agencies
in the preparation of bids, contract exemptions, RFPs, RFTPs and
other construction documents and processes, protests and contract
claims.
Public/Private
"Partnerships"
Davis Wright Tremaine has extensive experience in representing
public and private entities in planning for and implementing public/private
"partnerships", including unusual financing techniques
for such projects.
Labor
and Employment Relations
Davis Wright Tremaine has one of the leading labor and employment
law practices in the Pacific Northwest. Members of the Construction
and Employment Law Departments provide ongoing counseling services
to construction industry clients on management response to union
organizing, project labor and compliance agreements, picketing of
neutral employers and project owners, double-breasting, Davis-Bacon
issues, occupational health and safety laws and investigations,
wrongful discharge, discrimination and sexual harassment claims
and other labor issues affecting the construction industry. The
firm also has extensive experience in labor negotiations and with
the administration of collective bargaining agreements, including
multi-employer groups.
Corporate
Planning
As general counsel, we provide business counseling to ensure that
corporate formalities are maintained. The firm assists clients in
positioning themselves to take advantage of business opportunities
and advises on issues such as state and local filings and compliance
measures, qualification to do business in other states, copyright,
trademark, trade secret protection and employment contracts.
Tax
The firm's Tax Department is prepared to deal with all types of
legal questions related to federal, state, and local taxation. In
the construction and design areas, the firm's tax lawyers have a
depth of experience in interstate tax issues, B&O (Washington)
taxes and other tax matters related to construction contracting
and financing.
Employee Benefits
Our Employee Benefits Department prepares retirement and compensation
plans, employee stock ownership plans, and profit sharing and pension
plans.
Billing Rates and Business
Relationship
We have an established schedule of rates for each lawyer depending
upon his or her experience and expertise. It is customary to involve
more junior lawyers on appropriate tasks, such as legal research
and drafting matters. In selecting individuals to work on a particular
project, we attempt to provide the most economical staffing consistent
with the complexity and nature of the matter.
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