My background in construction has given me an exceptional ability to understand my clients’ problems. I use this deep knowledge base to apply the law strategically to procure optimal resolutions of disputes and other matters. I always maintain my professionalism and strive to avoid litigation, but if it becomes necessary, I advocate zealously for my clients, both in and out of the courtroom. In fact, as a reminder, I keep my kindergarten report card in my office credenza. It reads: “Although Sam doesn’t start most fights, he’s always around for them.”
Drawing on his extensive experience in the building industry at large as well as in commercial disputes and government contracts, litigator Sam Baker advocates for clients and resolves construction-related issues involving complex, multi-party cases in Washington State and elsewhere on the West Coast.
With an illustrious legal career spanning several decades, Sam frequently appears in state and federal courts on behalf of contractors and other clients. He also frequently represents individuals and companies in arbitration and mediation. In addition, Sam navigates organizations through their transactions with public and federal agencies, as well as with private entities.
Sam particularly enjoys advising clients on day-to-day problems that crop up and finding practical, efficient ways to solve them early on. When matters do turn into litigation, his years of experience, competitive nature and outstanding trial skills converge into effective, all-around representation that serves clients very well. Crediting his habit of thorough preparation with much of his success, Sam notes that it enables him to be completely honest in his presentations. This in turn allows him to acknowledge the weaknesses of his clients’ cases while focusing heavily on the strengths of his positions, engendering trust in his audience, and preserving his reputation for integrity.
Sam’s practice has long thrived on his multifaceted perspective on the construction arena. He spent his high school and college summers working for his father, who was a large contractor in Alaska, and graduated with a construction management degree in Building Technology and Administration (Construction Management) from the University of Washington where he became the first attorney enshrined in its Construction Hall of Fame. He then went on to serve as an officer in the U.S. Army Corps of Engineers. Clients appreciate Sam’s ability to understand the technical aspects of construction, as well as his familiarity with the industry’s culture and ways of operating.
After all these years, Sam continues to love his work, noting that he’s driven primarily by the privilege of working for and with “exceptional” people. He says: “Being able to help solve their problems through the legal process provides the ultimate satisfaction for me.”
Representative Matters
Alternative Dispute Resolution
- Large settlement secured for tunnel contractor on claims for defective design and differing site conditions encountered in construction of a light rail station 200 feet below ground.
- Secured large settlement from state on contractor claims involving a transmission line in Alaska. Subsequently claims for both contractor and state were resolved in multimillion settlement against design professionals.
- Obtained large award from a contract appeal board following a hearing of wrongful termination claim on a highway contract.
- Achieved multimillion dollar settlement of contractor claims against the State of Hawaii involving changed conditions incurred in
construction of a large sewage treatment plant.
Risk Management
- Effectively applied the concept of partnering in achieving claims free performance for the constructor of a new floating bridge
following the sinking of a predecessor bridge and major litigation brought by State.
Procurement Disputes (Bidding and Bid Protests)
- Supreme Court affirmed a favorable trial court decision in favor of contractor who signed their land but not the bid form.
Litigation
- Full recovery based on decision of the Engineering BCA for inherent failure of a government-designated rock quarry to produce
specified armor stone for new dikes/revetments on a harbor project. - Federal court jury in Montana returned large verdict for a contractor on claims against surety for failure to comply with industry
standards applicable to a contractor default. - Secured a jury verdict after 14 weeks of trial for a contractor and owner against the design professional based on the cumulative
impact of massive changes in constructing a high-rise building in Seattle. - Secured multi-million-dollar decision from ASBCA granting full recovery for significant quantity underruns on a dredging project.
- Large judgment upheld on appeal for constructor claims for multiple changes and breach of design warranty involving substantial
refurbishment of an oil refinery in California. - Jury awarded 100 percent of all claims for costs overruns plus business devastation damages on a road building contract in rural
Alaska.
Claims
- Represented prime contractor on concrete physical sciences structure at a state university, which settled after seven weeks of trial and continued for five more weeks in successful defense of mechanical contractor claims. Judgment for contractor was sustained by State Supreme Court.
- Facilitated full recovery following lengthy trial for contractor on highway construction claim involving changed conditions claims due
to failure of designated gravel courses to produce specified materials. - Secured large settlement for contractor of a major port expansion first against the federal government and later on claims by public owner against the project’s design and construction firms.
Honors and Awards
- Chambers & Partners, Washington Construction, 2019-present
- Best Lawyers in America, Commercial Litigation, Construction Law, Litigation – Construction, 2018-present
- Community Service Award, Celebrity Waiters Luncheon, 2017
- Inductee, National Academy of Construction, 2014
- Golden Beaver Awardee, The Beavers Association, 2012
- Super Lawyers, 2003 – present
Articles & Publications
- Co-Author, “Who Pays for Coronavirus Costs on Public Works Projects: Contractors or Owners?” Daily Journal of Commerce, December 24, 2020
- Co-Author, “High court decision deals a blow to contractors’ submittal process,” Daily Journal of Commerce, October 22, 2018
Presentations
Classes & Seminars Taught
- Presenter, “The Teambuilding Approach to Preparing, Pricing and Prosecuting Requests for Compensation,” Oles Morrison Alaska Construction Law and Government Contracting Seminar, 2012
- Presenter, “How to Deal With the Stigma of ‘Claims’,” Oles Morrison Construction and Public Contract Law Seminar, 2008
- Presenter, “Terminations – The Course of Last Resort,” Oles Morrison Construction and Public Contract Law Seminar, 2005
- Presenter, “Litigation Strategy – How the Parties Should Approach the Process,” Oles Morrison Construction and Public Contract Law Seminar, 2004
Professional Affiliations
- General Counsel, National Academy of Construction
- Washington State Bar Association
- King County Bar Association, Construction Law Section
- Montana State Bar Association
- Honorary Director, The Beavers
- Director and Former Chairman, Auction of Washington Wines Board of Directors
- Director and Former Chairman, Seattle Police Foundation
- Vice President, Celebrity Waiters Luncheon Organization
- Founding Member, University of Washington Construction Industry Advisory Council
- Former President, Washington Athletic Club 101 Club
- Phi Delta Phi Legal Honorary