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Litigation

Construction & Design

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Davis Wright Tremaine's construction practice team employ a comprehensive approach to the provision of legal services to construction professionals. In plain terms, we can help along every step of the process. This is why we most enjoy getting involved at the front end in order to ensure contracts are properly drafted. Should problems arise during construction, we also offer practical and informed guidance on how to resolve disputes without sacrificing the success of the project. Our clients include a broad range of private and public owners, general contractors and design professionals. As part of one of the nation's top law firms, we bring our clients outstanding lawyers to help with any business or risk-planning needs.

Meeting the Needs of Owners, Construction Contractors & Design Professionals

Contract Review and Drafting

  • Design/Bid/Build contracts
  • Design/Build contracts
  • Shared risk agreements
  • Subcontracts
  • Design
  • Technical services
  • Purchase orders
  • Joint ventures
  • Mentor/Protégé agreements

Contract Performance

  • Preparation and defense of REAs
  • Preparation and defense of claims, including lien foreclosures and bond claims
  • Terminations for convenience
  • Terminations for default
  • Payment issues

Bidding and Procurement

  • RFP and Proposal review
  • Teaming agreements
  • Confidentiality agreements
  • Protests
  • Pricing and status issues
  • TINA
  • Affiliation issues
  • DBE issues
  • MBE issues
  • WBE issues
  • Self-performance issues

Dispute Resolution

  • Boards of Contract Appeal
  • Dispute review boards
  • Arbitration
  • Mediation
  • Negotiation
  • Courts
  • State
  • Federal
A bulldozer leveling the ground at the construction site.
Dark blue background with abstract geometric shapes

Named one of The Top 50 Construction Law Firms in the country

Davis Wright Tremaine named to the 2024 list of "The Top 50 Construction Law Firms™" by Construction Executive for its leadership in the construction industry.

The 2024 Top 50 Construction Law Firms Link to https://www.constructionexec.com/top-lists/law/2024

Construction Contracting

Contract drafting for general contractor

Represents general contractor in Oregon and Washington in preparing subcontracts and advising on project issues with public owners and subcontractors. (Ongoing)

Contract drafting for hotel owner

Prepares and negotiates design and construction contracts on behalf of California hotel owner ranging from $300,000 interior remodel scopes to $100 million ground up construction projects. (Ongoing)

Termination for convenience claim for contractor

Representing general contractor in recovery of damages following termination for convenience issued by owner on school district project (Ongoing)

Contract drafting for architecture firm

Prepared and negotiated design contract on behalf of architect in connection with the design of natural gas utilities project. (2012)

Mechanics lien for architect

Prosecuted lien claim on behalf of architect against owner/developer for failure to pay for design services. (2012)

Defective design/construction dispute for developer/owner

Prosecuted defective construction claim on behalf of condo developer against contractor for claims relating to excessive sound transmission between units. (2011)

Termination for convenience for hospital owner

Defended hospital building owner against prime contractor claims relating to owner's termination for convenience of an expansion and remodel project. (2011)

Contract drafting for grocery store owner

Prepared and negotiated design and construction contracts on behalf of Pacific Northwest organic grocery store chain for the construction and expansion of stores in Oregon. (2013)

Defective design/construction dispute for government contractor

Successfully defended government contractor against $2 million defective design claim brought by subcontractor/manufacturer relating to manufacture of transuranic waste containers. After two-day mini-trial hearing, neutral entirely rejected subcontractor's claims. (2010)

Mechanics lien for subcontractor

Achieved favorable settlement on behalf of plumbing subcontractor performing work on condo project. Established priority over lender and recovered principal, interest, attorneys' fees, and costs relating to prime contractor's failure to pay amounts due. (2010)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Construction Litigation

Defective design claim for hospital owner

Prosecuted defective design claim against architect on behalf of hospital owner in connection with remodel expansion project. (2011)

Subcontractor inefficiency and delay claim for design-build general contractor*

Successfully mediated settlement on behalf of general contractor involving $13 million inefficiency claim brought by plumbing and HVAC subcontractor relating to government-contract laboratory project located in Colorado. (2008)

Termination for default for U.S. government contractor, 38 million*

Successfully defended general contractor against $38 million wrongful termination for default claim brought by international subcontractor related to construction of a runway project in Afghanistan. After two-week International Chamber of Commerce (ICC) arbitration hearing, termination was deemed justified and subcontractor was not awarded any costs. (2008)

Alaska civil contractor v. federal agency*

Represented civil contractor against federal agency and recovered full amount sought in board hearing.

Alaskan power contractor v. municipality*

Represented power contractor in Alaska Superior Court against Municipality for contract balance and extras, and recovered full amount sought in bench trial.

Alaskan power contractor v. municipality*

Represented road contractor in Alaska Superior Court against Municipality for extra costs, and recovered full amount sought in jury trial.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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8(a) Program's Future in Question as New Arguments are Raised in Federal Court Read More
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10.04.23
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Oregon Court of Appeals Addresses an Insurer's Duty to Defend and Affirms "Complete Defense" Rule Read More
ocean shipping container
07.06.22
Insights
Construction
Ocean Shipping Reform Act Signed Into Law Read More
Publications
06.24.22
Publications
Construction & Design
"How To Avoid Construction Lien Traps In Bankruptcy Filings," Law360 Read More
steel beams
05.25.22
Insights
Construction
California Case Highlights Importance of Naming Proper Entities in Construction Contracts Read More
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Practice Contacts

Eyth, Marcus
Marcus Eyth
Partner
Portland
503.778.5324

Our Team

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DeMella, Jonathan
Jonathan A. DeMella
Partner
SeattleWashington, D.C.
206.757.8338
202.973.4247
Eyth, Marcus
Marcus Eyth
Partner
Portland
503.778.5324
Gurr, Matthew
Matthew C. Gurr
Associate
Seattle
206.757.8012
Jefferson, Michael
Michael D. Jefferson
Associate
Seattle
206.757.8131
Kennedy, Kate H.
Kate H. Kennedy
Of Counsel
Seattle
206.757.8075
Krizanac, Antonija
Antonija Krizanac
Associate
Portland
503.778.5487
Machetanz, Traeger
Traeger Machetanz
Partner
SeattleAnchorage
206.757.8337
907.257.5300
Mues, Matthew
Matthew H. Mues
Counsel
Portland
503.778.5244
Robinson, Blake
Blake Robinson
Counsel
Portland
503.778.5341
Tavella, Marie Anne
Anne Marie Tavella
Partner
Chair, Office DEI Committee (Anchorage)
Anchorage
907.257.5345
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©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.