Overview

Evan Brown is an attorney in the Construction & Design practice group who represents construction industry clients in Washington and throughout the United States.  He advises owners, developers, contractors, designers, subcontractors, and public agencies on projects ranging from commercial and residential developments to major infrastructure, industrial, and hyperscale data center projects.  From procurement and contract negotiation through project execution and dispute resolution, Evan helps clients manage risk and address challenges efficiently to keep projects on track.

Evan takes a practical but creative approach to his work, structuring contracts to minimize disputes and resolving claims and disputes efficiently and effectively.  He has experience negotiating, planning, and drafting construction and design contracts; advising clients throughout projects, helping to prevent claims and disputes or driving to early resolution; litigating construction cases in state and federal courts; and resolving matters through alternative dispute resolution proceedings, including mediation and arbitration.  He has particular experience with complex construction contracts, construction litigation (including appeals), liens, insurance and bond disputes, and public contracting and procurement.

He has worked with clients on a variety of complex projects.  His private project experience includes work on large commercial and multifamily residential high-rises, data center campuses, industrial logistics and distribution centers, and medical facilities.  His public project experience includes highways, bridges, major tunneling projects, military bases, public housing, and wastewater treatment facilities.  He has also worked extensively with contractors performing remediation and repair work, including nuclear remediation.

For each project and client, Evan endeavors to build relationships, under the client’s particular objectives and constraints, and develop effective and efficient solutions to manage risk and prevent or resolve disputes.

Education

University of Washington School of Law, J.D., 2014, with Honors; Order of the Coif, Pro Bono Honors; Editor-in-Chief, Washington Journal of Law, Technology & Arts

Pitzer College, B.A., History and Philosophy, 2006

Admissions

Washington

United States District Courts for the Eastern and Western Districts of Washington

United States Court of Appeals for the Ninth Circuit

Experience

Construction and Design Contract Negotiation, Drafting, and Advice

  • Assisted owner-developers, design professionals, contractors, and subcontractors in negotiating, drafting, and reviewing contract documents for projects of all sizes, including large and complex multi-family residential, commercial, industrial, and low-income housing, with an emphasis on practical and creative risk allocation and mitigation strategies.
  • Developed and drafted public work construction contracts and solicitation packages for public agencies, including negotiated projects and sealed-bid competitive procurements.
  • Worked with public housing authorities, other public agencies, and non-profit companies to develop internal policies and procedures for construction procurement.
  • Advised owner-developers, design professionals, contractors, subcontractors, public agencies, and non-profit companies on risk mitigation and allocation issues and insurance claims.

Construction Litigation and Dispute Resolution

  • Represented owner-developers, public agencies, contractors, subcontractors, and design professionals in litigation before state and federal trial courts, developing litigation strategy; coordinating discovery; engaging in motion practice, including dispositive motions; and both bench and jury trials.
  • Represented owners, contractors, and subcontractors in alternative dispute resolution proceedings, including private mediation, judicial mediation, and binding arbitration proceedings, including complex, multi-party arbitrations before private arbitrators, the American Arbitration Association, and JAMS.
  • Represented owners, contractors, and design professionals on appeals before the Washington Court of Appeals, Washington Supreme Court, and the United States Court of Appeals for the Ninth Circuit.
  • Represented contractors and subcontractors with respect to mechanic’s lien drafting, perfection, and enforcement, including foreclosure litigation in state court.
  • Represented contractors, subcontractors, and sureties with respect to claims against performance and payment bonds for construction projects.
  • Advised owner-developers, public agencies, contractors, and subcontractors on ways to resolve or mitigate disputes arising from private and public construction projects, including claim development and response, project closeout strategy, project-level dispute resolution proceedings, informal negotiation, dispute review board proceedings, and early preparation for potential litigation or binding arbitration.
  • Helped clients prosecute and defend against bid protests on public procurements, including securing temporary restraining orders and other injunctive relief and litigating bid protest cases at the trial and appellate levels.

Representative Matters

  • Represented national multi-family owner-developers in negotiating and drafting construction contracts for projects in various states, including Washington, Colorado, Arizona, Minnesota, and Utah.
  • Represented a Washington public housing authority in developing procurement policies and associated master contract systems, as well as individual contracts for low-income housing projects.
  • Represented a design-build contractor in litigation involving payment and delay claims by a subcontractor, including trial and successful defense against subcontractor’s appeal.
  • Represented geotechnical engineer in major litigation arising from the failure of a tunnel boring machine in Seattle, Washington.
  • Represented the owner of a multi-family residential project in Bellevue, Washington in high-stakes lien and defect litigation against the general contractor and a subcontractor, achieving favorable resolution after significant motion practice.
  • Represented owner-developer in years-long trial and appellate litigation arising from a high-rise condominium project in Seattle, Washington.
  • Helped a Washington-based technology company resolve numerous disputes arising from large construction projects without the need for litigation.
  • Represented a property restoration company in lien litigation and subsequent probate proceedings relating to collection of the judgment.

Insights

Insights & Presentations

Speaking Engagements

Recognition

  • Selected as one of “America’s Leading Lawyers for Business” (Washington) by Chambers USA (Construction), Associates to Watch, 2025–present
  • Included in The Best Lawyers in America® (Construction Law, Litigation—Construction), 2024–present
  • Listed among Rising Stars (Construction Litigation: Business), Washington Super Lawyers®, 2022–2024
  • Recognized in Puget Sound Business Journal’s “Next Generation in Law” series, December 2022

Affiliations

Professional

  • Construction Law Forum, American Bar Association, Member
  • Construction Law Section, Washington State Bar Association, Member
  • Legal Affairs Committee, Associated General Contractors of Washington, Member

Industries

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