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Brad Powell’s practice focuses on handling litigation matters, complex construction claims, contract disputes/interpretation, and resolution of bond, retainage, and lien claim situations for general contractors in the Pacific Northwest. With nearly 40 years of experience, Brad has established a reputation as a leading construction litigator handling legal matters for the general contractors that have shaped Seattle’s skyline, built its infrastructure and constructed its roads and bridges. Clients come to him for his counsel on drafting and negotiating contracts or solving a contract dispute because they know he will guide them through a proven process designed to protect their interests and resolve issues and disputes earlier rather than later.

Through litigation, mediation, arbitration, and settlement, Brad has successfully resolved construction claims in state and federal courts, as well as before arbitration panels in the western United States, Texas, Florida, and Washington, D.C. He has negotiated numerous construction contracts, joint venture agreements, as well as architecture and engineering contracts and subcontracts.

Representative matters

Transactions

Negotiated and drafted for major general contractors hundreds of millions of dollars worth of contracts, in various structures, including first known Integrated Project Delivery Method contract in the Pacific Northwest, for a major health care facility.

Risk Management

Negotiated and drafted for major general contractors hundreds of millions of dollars worth of contracts, in various structures, including first known Integrated Project Delivery Method contract in the Pacific Northwest, for a major health care facility.

Litigation

Successfully defended project developer against site contractor claims and recovered full losses of developer from contractor, including attorney’s fees. Claims litigated through formal arbitration and successfully confirmed award in court, defeating multiple challenges.

Liens, Claims and Defense

Successfully defended project developer against site contractor claims and recovered full losses of developer from contractor, including attorney’s fees. Claims litigated through formal arbitration and successfully confirmed award in court, defeating multiple challenges.

Surety and Bond Actions

Lead counsel for general contractor building four major transit stations underground in downtown Seattle. Handled major claims against municipality owner and more than 30 subcontractor claims. Successfully resolved all major issues with minimal litigation.

Claims

Represented large JV on $150MM plus design-build project for a new section of highway including several bridges, for a state DOT. Involved throughout project with major DSC claims leading to substantial change orders and ultimately an agreed termination. Pursued arbitration against design engineers thereafter for significant recovery.

Lead counsel for general contractor building four major transit stations underground in downtown Seattle. Handled major claims against municipality owner and more than 30 subcontractor claims. Successfully resolved all major issues with minimal litigation.

Insurance Recovery and Insurance Coverage

Represented large JV on $150MM plus design-build project for a new section of highway including several bridges, for a state DOT. Involved throughout project with major DSC claims leading to substantial change orders and ultimately an agreed termination. Pursued arbitration against design engineers thereafter for significant recovery.

Affiliations

  • American Bar Association, Public Contract Law and Forum on the Construction Industry Sections
  • Steering Committee, Division 2, Forum on the Construction Industry
  • Washington State Bar Association, Construction Law and Litigation Sections
  • King County Bar Association
  • Chairman, Associated General Contractors of Washington, Legal Affairs Committee, 2006 – 2007

Practice Areas

Education

  • J.D., University of Washington, with honors
  • B.A., University of Washington, Political Science

Bar Admissions

  • Washington State Courts
  • U.S. District Court, Eastern District, Washington
  • U.S. District Court, Western District, Washington
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Federal Claims