Bart W. Reed

Bart W. Reed
Of Counsel
Seattle, WA
P: 206.386.7568
Overview

About Bart

Bart W. Reed is Of Counsel in the Seattle office and practices with the firm’s Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction and design issues and disputes, representing owners, developers, contractors, subcontractors,  design professionals and sureties, in diverse matters on both public and private projects. His experience covers a wide range of issues affecting design and construction clients, including contract drafting/negotiation, non-payment and surety claims, construction liens and payment bond claims, design disputes, construction defects, and scheduling issues in the defense and prosecution of delay/impact claims.

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Experience

Experience

Design and Construction Contract Drafting

  • Assisted owners, developers, design professionals, contractors, subcontractors and suppliers in the review, formation and negotiation of contract documents, with specific emphasis on risk mitigation and allocation, for various private projects, including condominiums, apartments, low-income housing developments, and commercial and industrial facilities.
  • Assisted owners, developers, and contractors in the development and negotiation of turnkey EPC contracts for solar energy projects.

Private Construction Litigation

  • Favorably resolved multiple claims of defect, delay and impact, along with contractor termination issues, arising from large-scale apartment complex renovation project in Seattle, Washington.
  • Successfully defended large regional civil engineering firm and favorably resolved multimillion-dollar design defect dispute regarding civil and infiltration design issues on industrial facility in Everett, Washington.
  • Assisted general contractor in defense of multiple condominium defect claims and facilitated settlement and resolution of multimillion-dollar construction and design-related disputes between homeowners associations and project developers.
  • Aided owner of industrial facility in achieving favorable settlement of additional compensation claims for delay and extra and changed work asserted by mechanical contractor, emanating from emergency work performed on owner’s canola-processing plant in Minnesota.
  • Successfully defended major national engineering firm as primary outside counsel in protracted multiparty case in Tennessee involving $24 million dispute arising from sinkhole activity on construction site of Fortune 500 pharmaceutical corporation’s consolidated network distribution center. Case involved complex civil, structural and geotechnical engineering issues. Prevailed on motion to compel production of important post-construction and pre-litigation remediation geotechnical report from owner and, after hard-fought discovery and motion practice, achieved extremely favorable settlement (less than 4% of total hard-cost claim).
  • Successfully defended real estate developer in Cobb County, Georgia in multimillion-dollar construction defect and professional negligence case where plaintiffs alleged injuries arising from significant water infiltration and mold infestation.
  • Prosecuted and defended multiple large-dollar claims on behalf of large Chicago-based general contractor relative to major infrastructure projects in the Southeast, including recent summary judgment award and settlement achieved (for disposition of multimillion-dollar claims from trade subcontractor on Alabama project) during appeal by subcontractor arising from successful state licensing and registration defense.
  • Represented national architectural firm in case regarding multiple design and payment disputes and other contractual matters emanating from school projects in Atlanta, Georgia and achieved favorable disposition and monetary settlement of case during discovery phase of litigation.
  • Facilitated resolution of numerous wage and hour claims arising from multiple projects for a large Washington general contractor and a Washington real estate developer.

Public Construction Litigation and Procurement Law

  • Named Special Deputy Prosecuting Attorney for King County, Washington and negotiated favorable settlement of various design, payment and public retainage claims between County and general contractor on Brightwater Conveyance Project.
  • Prevailed in obtaining an award for full recovery of damages for developer client in Contract Disputes Act claim against U.S. Postal Service arising from multiple ground leases relating to properties in Tukwila, Washington.
  • Represented and defended major design services firm against design claims between public owner and general contractor on a water/wastewater treatment facility in King County, Washington.
  • Defended national engineering firm and achieved favorable settlement of claims asserted by local Washington municipality concerning project administration and management services rendered on a roadway improvement project.
  • Defended and prosecuted claims on behalf of multinational Canadian-based general contractor in connection with local county/state prison project. Successful mediation presentation resulted in favorable defense against county owner’s assertion of liquidated damages and claims for withheld retainage and back-charges associated with alleged defects in facility’s various commercial flooring systems. Obtained large monetary settlement amount from owner through third-party actions against multiple flooring subcontractors.
  • Successfully handled multiple breach of contract, delay, labor inefficiency, impact, change order and payment claims for Division 17 finish-trade contractors (specializing in electronic security systems and related components) in connection with various state and county prison, courthouse and other public institution projects throughout the country, including California, Georgia, Kentucky, Maryland and Texas.
  • Assisted multiple general contractor and subcontractor clients in their respective protests of competitive bids, as well as RFPs and RFQs, on projects throughout the nation, with most recent achievement involving local civil site-work and underground utility contractor obtaining multimillion-dollar project in connection with high-profile Atlanta Beltline Project.
  • Prepared, submitted and prosecuted claims and cases before various Boards of Contract Appeal and prevailed on direct and indirect cost claims, including impact, delay, labor inefficiency and change order claims, for large national electrical trade contractor.

Surety Law

  • Prevailed on numerous Miller Act and “Little Miller Act” claims throughout the country, along with defense and prosecution of performance and bad-faith claims against and on behalf of large construction sureties issuing payment and performance bonds for state and federal projects.
  • Defended and prosecuted for and on behalf of major national surety on performance bond claims relating to project completion and post-termination issues of contractor/principal arising from high-profile construction projects.

Appellate Practice

  • ESI Cos v. Ray Bell Constr. Co., No. 2008-CA-001756-MR, 2009 WL 4060478 (Ky. Ct. App. Nov. 25, 2009) – Overturned Tennessee Court of Appeals opinion by arguing before the Kentucky Court of Appeals, after transfer of case to Kentucky, and prevailed on collateral estoppel issues emanating from large delay claim of Memphis, Tennessee-based security electronics contractor on prison project.
  • Dalton Paving & Constr., Inc. v. S. Green Constr. of Ga., Inc., 643 S.E.2d 754 (Ga. Ct. App. 2007) – Received favorable dispositive ruling for commercial developer and builder, affirming and reversing decision of trial court, on cases before the Georgia Court of Appeals involving appeal of arbitration award by subcontractor in dispute with general contractor and other related entities.
  • Hipes & Norton, P.C. v. Pye Auto. Sales of Chattanooga, Inc., 562 S.E.2d 729 (Ga. Ct. App. 2002) – Prevailed on appeal by overturning a trial court’s order denying an award of attorneys’ fees for a law firm client.
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Honors

Honors & Activities

Professional Honors and Activities

  • Listed among Rising Stars (Construction Litigation), Washington Super Lawyers®, 2013-2014
  • Member of one of only 13 firms nationwide ranked Tier 1 for Construction Law by U.S. News – Best Lawyers®Best Law Firms“ since the survey’s inception
  • U.S. Green Building Council/Green Building Certification Institute
    • Accredited as a Leadership in Energy and Environmental Design Accredited Professional (LEED AP)
  • American Bar Association, Construction Law Forum
  • Washington State Bar Association Construction Law Section Council Member

Civic Activities

  • Contributing Volunteer for numerous Habitat for Humanity projects
  • Pro-Bono Volunteer for the Bainbridge Island Museum of Art
  • Actively involved in Bainbridge Island Little League
  • Member and Supporter, Washington Trails Association and The Mountaineers Club
  • Blakely Elementary School Ed. Spec. Committee Member, Bainbridge Island School District
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Insights & Presentations

Insights & Presentations

  • "“Blurred Lines”: Important Caveats to Consider with Integrated Project Delivery (IPD)," Daily Journal of Commerce, Jan. 20, 2017
  • "KIRO 7 Interviews Joe McCarthy on Pitfalls of Washington Condo Act – Developers Beware!" Stoel Rives “Ahead of Schedule” blog, June 21, 2016
  • Recent Survey Lands Integrated Project Delivery (IPD), But Are There Risks with IPD?” Stoel Rives “Ahead of Schedule” blog, April 15, 2016
  • Court of Appeals Affirms Brightwater Judgment, Reviews Law Regarding Differing Site Conditions and Surety Obligations,” Stoel Rives “Ahead of Schedule” blog, Jan. 20, 2016
  • Key Aspects of Joint Check Agreements,” Daily Journal of Commerce, Jan. 15, 2016
  • "Integrated Project Delivery (IPD): Key Considerations and Possible Pitfalls,” Northwest Construction Consumer Council (NWCCC) Annual Conference, Everett, Washington, Oct. 21, 2015
  • New Amendment to Washington’s Contractor Registration Act,” Stoel Rives “Ahead of Schedule” blog, July 21, 2015
  • Contract Conflict Bears a Cautionary Tale,” Daily Journal of Commerce, June 19, 2015. Also published by Idaho Business Review, July 10, 2015
  • “Washington Construction Liens: Key Considerations for Owners,” Washington State Bar Association Annual Spring Real Estate Update, Seattle, Washington, April 16, 2015
  • “Tips and Traps in Construction Risk Management: Key Contract Considerations for Owners,” Northwest Construction Consumer Council (NWCCC), Seattle, Washington, Sep. 24, 2014
  • “Don’t ‘Lien’ on Me: Managing Lien Risks for Owners and Lenders to Get the Deal Closed,” Stoel Rives LLP and First American Title Insurance Company, Seattle, Washington, July 15, 2014
  • There Is a Darker Shade of Green,” Daily Journal of Commerce, June 18, 2014
  • “The Construction Lien in Washington: Key Considerations for Owners,” Stoel Rives LLP, Seattle, Washington, June 4, 2014
  • The Construction Lien in Washington: A Legal Analysis for the Construction Industry“ (coauthor), Stoel Rives LLP, 2014 Edition
  • “Pay Attention to Your Contract Terms and Scope – Recent Washington Supreme Court Decision Reshapes Independent Duty Doctrine,” Stoel Rives “Ahead of Schedule” blog, Dec. 16, 2013
  • LEED Certification Challenges: The Future of LEED-igation?Daily Journal of Commerce, Oct. 16, 2013. Also published by Idaho Business Review, Nov. 4, 2013
  • “Should Design Professionals in Washington File a Pre-Claim Notice to Protect Lien Rights? Yes!” Stoel Rives “Ahead of Schedule” Blog, July 2013
  • Is Your Contractual Arbitration Clause ‘Unconscionable’ and Thus Unenforceable?“ Stoel Rives “Ahead of Schedule” blog, May 2013
  • LEED-igation: Fact or Fiction?Daily Journal of Commerce, Feb. 2013
  • Why You Should Pay Attention to Indemnity Clauses in Construction Contracts,” Daily Journal of Commerce, June 2012
  • “State Construction Projects in Georgia Go Green,” Frameworks, a Construction Suppliers Association Publication, Aug. 2011
  • “LEED-igation 101: Understanding and Mitigating the Legal Risks Unique to Green Construction Projects,” Professional Roofing, June 2010
  • “Getting Paid: Tricks and Traps for the Unwary When Utilizing Georgia Lien Law” and “Georgia Lien Law: Using the Sword and Shield Effectively,” Lorman Seminars, Atlanta and Savannah, Georgia, 2009–2011
  • “It’s Not Easy Being GREEN: Issues and Risks to Consider When Participating on LEED or Other Green Construction Projects,” Lunch and Learn — in house presentations at Hendrick Phillips Salzman & Flatt, PC, Atlanta, Georgia, Sept./Oct. 2010
  • “Brave New World of Public Contracting: Going Where the Money Is (or May Be)—and How to Find It!!” Associated Builders & Contractors of Georgia, Inc., Atlanta, Georgia, 2009
  • “Something Old/Something New: Tracking Substantive Changes in the 2007 AIA Contract Documents and Other Standard Form Agreements,” Construction Law Expo, Georgia World Congress Center, Atlanta, Georgia, May 2008



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