Todd’s practice focuses on representing general contractors, subcontractors, project owners and design professionals in all aspects of construction law, from contract preparation to litigation. He has appeared for his clients in numerous arbitrations, as well as before every level of court in the state, including the Washington State Supreme Court.

Prior to his legal career, Todd was a 20-year construction management professional. He worked as a project manager for prominent Seattle-area general contractors, managing a diverse range of multi-million dollar projects from hotels to historic remodels. Todd has spent his entire working life in the construction industry, having grown up in a mechanical contracting family with a Northwest history going back four generations. In addition to his experience as a general contractor, Todd was the minority shareholder of a design/construct mechanical contractor in the 1990s.

Todd is a frequent speaker on construction law topics to construction industry and business groups. He also remains involved with Seattle University School of Law as a guest lecturer on topics including Federal Government Contracting and Trial Advocacy. Todd has published many articles on construction law, and has contributed to eight books on that topic.

Presentations

• "Financial Statement Analysis for the Risk Averse," OMRB Alaska Construction Law and Government Contracting Seminar (2012)
• Presenter:  "Design/Build: Potential Plusses and Pitfalls," Construction Seminars Northwest (2010)
• Presenter: "Construction Contracts," Associated Builders and Contractors’ Emerging Contractors’ Program (2002-Present)
• "What Did I Just Sign? Releases, Waivers, Indemnity, and Other Indecipherable and Scary Construction-Related Agreements," OMRB Construction and Public Contract Law Seminar (2006), Construction Seminars Northwest (2008)
• "21st Century Construction Contracting," OMRB Annual Government Contract and Construction Law Seminar (2008)
• "Mechanical and Electrical Construction," ABA Construction Industry Forum’s Sticks and Bricks Program (2008)
• "Spearin and Beyond: The Implied Duties of the Project Owner," Northwest Construction Seminars (2007)
• "Critical Construction Contract Clauses," Associated Builders and Contractors’ Diversity Committee (2007)
• "Simple Guidelines for Avoiding Conflicts," Construction Seminars Northwest (2007)
• "Design Professional Liability," King County Bar Association CLE (2005)
• "GC/CM Construction Format: Will It See 2008?," OMRB Construction and Public Contract Law Seminar (2005)
• "Construction Law," Mechanical Contractors Association of Western Washington Senior Project Manager Certificate Program (2004, 2010)
• "Construction Claims: What Are The Damages?" Washington State Certified Public Accountants Association, Annual Construction and Real Estate Conference (2003)

Publications

• Contributor, "Nuts & Bolts”, Seattle Daily Journal of Commerce Construction Blog (2010 - present)
• Contributor, Associated Builders & Contractors Western Washington "Ask a Professional" column (2008-present) 
• "Watch Out for those Post-Contract Agreements," Seattle Daily Journal of Commerce (2009)
• "American Safety: The Final Nail in the Coffin of Implied Waiver," Northwest Construction Magazine (2008)
• "How Fair Was the Mike Johnson Decision?" Seattle Daily Journal of Commerce (2008)
• Contributing Author and Editor: annual Construction Law Update, Aspen Publishing (2003 - 2010)
• "Oral Agreement? It Can Cost You," Seattle Daily Journal of Commerce (2005)
• Contributing Author: Federal Government Construction Contracts, ABA Publishing (2003) (2nd Ed., 2010)
• "The Changing Face of Subcontract Forms," Seattle Daily Journal of Commerce (2003)

Professional and Civic Involvement

Washington State Bar Association, Construction Law Section
King County Bar Association
Board of Contract Appeals Bar Association
Order of the Barristers
Phi Delta Phi Legal Honorary
American Society of Heating Refrigeration and Air Conditioning Engineers
Washington Phikeia Foundation, Board of Directors
University Preparatory Academy, Parent Council
UW Tyee Sports Council
Faculty Member, National Institute of Trial Advocacy

Courts

Washington State Courts
U.S. District Court, Western District, Washington

Education

J.D., Seattle University, cum laude, 2001
B.A., University of Washington, English, 1984

Affiliations

Associated Builders & Contractors Western Washington (ABC)
Associated General Contractors Washington Seattle District (AGC)
Associated General Contractors Washington Inland Northwest District (AGC)
American Society of Heating Refrigeration and Air Conditioning Engineers (ASHRAE)
Mechanical Contractors Association of Western Washington (MCAWW)

Representative Projects

• Twin Bridge Marine Park v. Dep’t of Ecology, 162 Wn.2d 825 (2008). Successfully represented developer of a “dry stack” marina before the Washington State Supreme Court. Defeated the Department of Ecology’s attempt to impose fines and penalties under the Shoreline Management Act.
• RCSH Bellevue, LLC v. Sellen Construction Co., Inc.  Successfully represented contractor in arbitration and before the Superior Court, Court of Appeals and Washington State Supreme Court in attempt by opposition to have the arbitration award vacated. Prevailing at all levels, ultimately collected both the original arbitration award and significant additional interest for client. In separate but related action, defeated opposition’s counterclaim on summary judgment, and negotiated favorable monetary settlement before trial.
• Francalangia v. 603 Fifth Avenue, LLC.  Successfully represented client/developer before the Washington Court of Appeals in matter alleging diminution in condominium value based on impairment of view. Obtained reversal of significant money judgment entered by trial court.
• (Names of Parties Withheld Due to Confidentiality) Successfully represented homeowners against builder of custom home in large construction defect action, resulting in seven-figure settlement prior to arbitration.
• (Names of Parties Withheld Due to Confidentiality) Successfully defended real estate broker in action alleging fraud, constructive trust, breach of contract and professional negligence. Negotiated settlement shortly before trial by which client retained title to the real property at issue, and paid plaintiff nothing.