Construction and Design

Transactions

• Represent the Port of Portland on the expansion and renovation of the Portland airport (PDX) — including the terminal core renovations, concourse expansion, and parking and rental car facilities — as part of a major update to PDX as it turns 80 years old.  Construction on the terminal core is slated to take five years. 
• Represented the Port of Portland for over two decades in a variety of construction matters, including contracts, specification and bid document drafting, analysis and response to bid protests, and claims involving delay and defect issues arising out of Port construction projects at the airport and waterway terminals.
• Represented public owner on construction and design procurement and CM/GC contracting issues related to large bridge project.
• Represented school districts in negotiating design and construction contracts for schools, including general contractor and construction manager agreements ranging from $20,000 to $35 million.
• Drafted, negotiated and administrated several complex construction contracts for a Fortune 500 technology company in connection with the multibillion-dollar renovation of its main campus.
• Represented healthcare providers in negotiating design and construction contracts for hospitals and healthcare facilities, including general contractor and construction manager agreements ranging from $100,000 to $200 million.
• Represented international food processor in the drafting and negotiation of a design-build owner-contractor agreement, including flow-down rights and lien protections of owner, as well as risk management for over $130 million in improvements to its state-of-the-art manufacturing facility.
• Represented numerous multifamily mixed-use project owners in Guaranteed Maximum Price and design-build contract negotiations ranging from $10 million to $80 million.
• Represented multi-national manufacturing client in the drafting and negotiation of a multimillion-dollar professional services agreement with international engineering firm for improvements to a cutting-edge paper manufacturing facility.
• Counseled energy clients regarding state-specific construction, lien, and licensing law issued in connection with EPC and drilling agreements for mining, wind, solar, and geothermal developments.

Dispute Resolution

• Represented top-10 condominium developer in connection with potential defect lawsuits for several 150-300+ unit projects through proactive risk management, and successfully negotiated settlements to at or below $2 million OCIPS with use of proactive construction practice and warranty programs, and in role as “monitoring” counsel of insurer-retained counsel and as personal counsel for owner/developer in coverage disputes.
• Currently serving as Special Assistant Attorney General for the Washington State Department of Transportation (“WSDOT”) prosecuting and defending claims in excess of $600 million emanating from the Alaskan Way Viaduct Replacement Project in Seattle. After a nine-week trial the jury returned a verdict in favor of WSDOT for the full amount of its claims, $57.2 million, and denied the contractor’s claims of $670 million. The case is currently pending appeal.
• Served as Special Prosecuting Attorney for King County, Washington in relation to multiple claims and disputes, including but not limited to claims emanating from the Brightwater wastewater treatment project near the King County/Snohomish County border. After a 13-week trial, the jury awarded King County $155.8 million in damages.
• Served as lead trial counsel in two separate cases representing developers of privatized Army base housing under the MHPI in constitutional challenges to the local taxation of the private interest, with approximately $100 million at stake in each case.
• Successfully represented an international technology leader in defense of over $70 million in claims asserted by prime contractors that constructed a new manufacturing and research facility.
• Defended owner in its termination of a pre-construction agreement with a joint-venture prime contractor concerning an over $1 billion expansion project. The contractor sought, among other things, an order enjoining the project from proceeding with another contractor. Successfully defended the injunction and settled the dispute, allowing the project to move forward.
• Systematically settled owner-client’s multimillion-dollar defect claims against contractor and design team over the design and construction of a corporate data center project following dozens of depositions and motion practice as part of a multi-faceted litigation team.
• Served as lead trial and appellate counsel successfully defending an asphalt plant operator and its parent company in a trespass action brought by a gold dredging company seeking disgorgement damages in excess of $100 million.
• Successfully represented a city concerning construction, land use, and road access issues against a developer seeking to gain access to a city road located partially outside the city’s jurisdiction. In a unanimous Court of Appeals ruling, the Court overturned the trial court and agreed with the city that it had the right to deny access.
• Won California Court of Appeal decision affirming judgments obtained via dispositive motions in favor of community college district and a large general contractor against a subcontractor’s claims for additional compensation.
• Successfully represented international developer in easement dispute with adjacent property owner, avoiding project delays and increased construction costs estimated to be tens of millions of dollars in connection with the construction of a high-rise tower project in Seattle.
• Successfully obtained defense verdict and recovery of fees for developer in connection with multimillion-dollar claims arising from the complete renovation of a hotel project.
• Won multimillion-dollar construction defect damages award for residential and commercial developer clients in arbitration.
• Represented a federal contractor in a bid protest challenging the legality of $260 million procurement by a federal agency. Represented the contractor in numerous venues, including the Government Accountability Office, the Court of Federal Claims, the Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. The agency withdrew the procurement and agreed to comply with an order issued by the Court of Appeals for the Federal Circuit that it had adopted the position advocated by the contractor.
• Represented more than a dozen Alaska Native Corporations, providing expert government contract and SBA advice and counseling, trial representation, and defense and prosecution of size protests at the SBA and bid protests at the Government Accountability Office and the Court of Federal Claims.
• Successfully defended the award of a $90 million Navy construction contract in Guam in multiple Court of Federal Claims bid protests.