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Experience
Construction Arbitration
RCI-Herzog v. Regional Transit Authority
Private Arbitration (Seattle, Washington)
Defended claims for additional costs and delays exceeding $100 million arising out of $128 million light rail project through an eight-week arbitration.
Sterling Breen Crushing Inc. v. Tarragon Construction, LLC v. Fortune 500 Company
American Arbitration Association (Seattle, Washington)
Defended national retailer in AAA arbitration against earthwork subcontractor claims on distribution facility project.
Norcon, Inc. v. Regional Electric Cooperative
American Arbitration Association (Anchorage, Alaska)
Defended electric cooperative against $53 million claim for alleged additional work, design errors and omissions, and unforeseen conditions arising out of the expansion and conversion of a single-cycle natural gas plant in Nikiski, Alaska to a combined cycle facility.
Seattle Hotel Dispute
Judicial Dispute Resolution (Seattle, WA)
Represented a Seattle-based hotel developer resolve major claims involving hotel properties in Bellevue and Seattle’s University District.
Private Development Dispute
JAMS (Seattle, WA)
Defended international investment manager and project affiliate against claims arising from termination of development management agreement. Prevailed following multi-day hearing.
Chicago Hospital Dispute
American Arbitration Association (Chicago, Illinois)
Defended national top-10 Engineering News-Record construction manager in major dispute with claimed damages exceeding $150 million arising out of design and construction of Chicago hospital.
Hawaii Wind Farm Dispute
American Arbitration Association (Honolulu, Hawaii)
Defended energy company and design-builder in dispute with alleged damages exceeding $20 million arising out of Oahu wind farm project.
Construction Litigation
American Safety Casualty Insurance Company v. City of Olympia
State Supreme Court of Washington
Washington State Supreme Court unanimously overruled an appellate court in holding that owners can enter into settlement negotiations with contractors without impliedly waiving contract defenses. In its ruling, the Court adopted and quoted arguments and conclusions Perkins Coie presented as amicus curiae. 174 P.3d 54 (Wash. 2008)
State Route 99 Bored Tunnel Dispute
Superior Court of Washington, Thurston County
Representing a major equipment manufacturer in contract and insurance coverage litigation arising out of damage to “Bertha,” the 57-foot diameter tunnel boring machine used to bore a 9,270-foot highway tunnel beneath downtown the City of Seattle. The disputes arising out of this multi-billion dollar project, which was recognized by Engineering News-Record as the Pacific Northwest “Project of the Year,” have exceeded $700 million in claims and counterclaims.
Babcock & Wilcox Nuclear Energy v. Energy Utility
U.S. District Court for the Eastern District of Washington
Defended major Washington energy utility against $50 million claim arising out of nuclear condenser replacement project at the Columbia Generating Station.
Vietnam Construction Dispute
Singapore High Court
Represented Fortune 100 corporation in resolving a multi-million-dollar dispute with global supplier relating to defects at a Ho Chi Minh City, Vietnam manufacturing facility.
Pendragon Construction, LLC v. Private Homeowners
Superior Court of Washington, King County
Defended residential homeowners in three-week trial relating to termination for cause. Defense judgment; homeowners awarded substantial damages, including costs and attorneys' fees, on counterclaims.
Glacier State Contractors Inc. v. AELP Company, et al.
Represented national engineering firm in multi-party litigation arising out of the Lake Dorothy Hydro Project in Southeast Alaska.
Dennis R. Craig Construction, et al. v. City of Seattle, et al.
Superior Court of Washington, King County
Defended national construction manager in tort and statutory claims arising out of City of Seattle transportation project; claims partially dismissed on summary judgment and then settled for nuisance amount.
Kenco Construction, Inc. v. Porter Brothers, Inc. v. School District
Superior Court of Washington, King County
Represented school district in multi-party action arising out of the construction of Aviation High School. While over $6 million in damages were eventually awarded following a multi-week jury trial, all claims against the school district were dismissed on summary judgment and the school district received almost $400,000 on its counterclaim for delayed completion of the school.
University v. BNBuilders, Inc.
Superior Court of Washington, Whitman County
Defended major public university against claims exceeding $25 million arising out of two design-build student housing projects. Summary judgment granted to university in companion lawsuits; primary litigation resolved with university making no payment.
University v. Ledcor Design-Build (Washington) Inc.
Superior Court of Washington, King County
Prosecuted and helped public university secure a significant settlement of claims arising out of the termination of design-builder on high profile design-build project.
Alaska Mechanical, Inc. v. University v. HCA Architects Inc.
Defended university against $18 million cumulative impact claim arising out of the Museum of the North expansion project in Fairbanks, Alaska.
Lydig Construction Inc. v. School District
Superior Court of Washington, King County
Defended school district against multi-million-dollar civil subcontractor pass-through claim arising out of the construction of a new $53 million high school.
Pacific Industries Northwest Inc. v. Fortune 1000 Corporation
Defended Fortune 1000 corporation against claims for changes, defective drawings, and liens relating to construction at site of former Satsop Nuclear Power facility.
Hospital Addition Project Dispute
Represented major hospital in claims against architect for design errors, and defended against delay claims by multiple contractors, on major hospital addition project.
Litigation
Stormans Inc., et al. v. Selecky, et al.
U.S. District Court for the Western District of Washington
Successfully represented intervenors in multi-week trial and two Ninth Circuit appeals (586 F.3d 1109 and 794 F.3d 1064) helping to defend State of Washington against constitutional challenge to two Washington State Board of Pharmacy rules that require pharmacies to fill legal prescriptions; petition for writ of certiorari denied resulting in complete victory for clients.
Building Owner v. Tri Film Productions, Inc.
Superior Court of Washington, King County
Represented landlord prosecuting complex dispute involving breach of commercial lease. Case successfully resolved; tenant vacated building.
International Sales Dispute
American Arbitration Association (Los Angeles, CA)
Represented sales representative in dispute against international food company for breach of manufacturer's representative agreement.
Landlord-Tenant Arbitration
Private Arbitration (Bellevue, WA)
Represented tenant facing eviction in arbitration.
Regulatory Litigation
U.S. Department of Housing and Urban Development Complaint
Defended property owner against housing discrimination complaint filed by the Gulf Coast Fair Housing Center under the Fair Housing Act.
United States v. Cedar Builders Inc.
U.S. District Court for the Eastern District of Washington
Defended claims brought by U.S. DOJ alleging violations of accessibility provisions of Fair Housing Act and Americans with Disability Act.
Mediation
Regional Parks Dispute
Represented regional parks district resolve a significant dispute (over $14 million in claims) arising out of the Point Defiance Waterfront project, which was a $60 million joint parks district and United States Environmental Protection Agency project to transform the ASARCO Superfund site into a major waterfront attraction. This project was completed at the same time that Perkins Coie helped the same parks district complete the critically acclaimed Pacific Seas Aquarium at the Point Defiance Zoo and Aquarium, which features a 280,000-gallon tank that stretches 10 feet above visitors’ heads and creates a feeling that visitors are standing in a tunnel of water.
California Property Damage Dispute
Private Mediated Settlement
Represented Fortune 100 corporation in securing multi-million-dollar settlement following property damage at Bay Area facility.
San Francisco Hotel Dispute
Represented a leading owner and operator of luxury hotel properties resolve a significant, multimillion-dollar dispute involving the contractor for a San Francisco-based hotel. The dispute was resolved without litigation.
Absher Construction v. Housing Authority
Private Mediated Settlement
Defended housing authority in complex construction dispute with total damages exceeding $13 million arising out of the construction of a $32 million luxury condominium project. Settled at mediation.
Weitz Agricultural, LLC v. International Agricultural Company
Private Mediated Settlement
Defended international agricultural company against claims exceeding $8 million arising out of design-build contract for $30 million seed processing facility in Pasco, WA; settled on very favorable terms at mediation.
University Student Center Dispute
Represented major university prosecute claims for delay following the delayed completion of a $25 million campus student center.
Bayley Construction v. School District
Private Mediated Settlement
Defended school district against claims exceeding $4 million arising out of elementary school construction project; settled at mediation.
School District v. Fidelity and Deposit of Maryland
Private Mediated Settlement
Prosecuted and helped school district secure settlement of claims against surety relating to multiple terminations of contractor for cause. Settled at multiple mediations.
Transactions
United States Project Counsel
Project construction counsel for scores of public and private construction projects in Washington and throughout the United States, including numerous capital programs exceeding $100 million. Drafted multiple design and construction contract templates, including for universities, school districts, port and public utility district. Assisted public owners secure Capital Projects Advisory Review Board (CPARB) Project Review Committee (PRC) approval for public GC/CM and design-build projects in Washington. Regularly assist public clients on procurement-related issues, including bid protests.
International Project Counsel
Transactional counsel and/or disputes support for projects in Canada, the Caribbean, Vietnam, South Sudan, and Zambia.
Manufacturing and Agricultural Facilities
Construction (fixed price, cost-plus, EPC, and design-build), supply and design agreements for manufacturing and agricultural facilities in multiple states.
Commercial Facilities
Construction, pre-construction, construction management, and design agreements as national construction counsel for commercial facilities in over 20 states, Canada, and throughout Caribbean.
Wind Farms
Construction and supply agreements for wind farms throughout the United States.
Hospitals
Cost-plus and fixed-price construction and design contracts for numerous hospital and medical facility projects in the Northwest and Alaska.
Office Buildings and Hotels
Fixed price and cost-plus construction contracts for office and hotel projects in multiple states.
Luxury Homes
Represent builders and owners of luxury homes in drafting and negotiating custom design and construction agreements, including several in excess of $10 million.
Retail and Mixed-Use
Design and construction contracts for retail and mixed-use projects in over 25 states and Canada, including multiple $500 million+ "super projects."
High Technology Facilities
Construction, pre-construction, and design agreements as national construction counsel for high technology facilities, including cleanrooms, in multiple states.
Public Works
Design, procurement, construction management, and construction contracts (fixed price, GC/CM, "heavy civil" and design-build) for capital improvement programs and individual public works projects in Washington, including school district, university, port, public hospital districts and public utility district projects.
