Construction

Assist with review and negotiation of contracts for design and construction of private space launch facilities in Florida

Represent general contractor in complex multi-party claims involving design warranty and delay on corporate headquarters for international athletic product manufacturer

Represent general contractor in complex claims involving incomplete design and delay on a multi-prime power generation plant project in Alaska

Represent foundation and tunnel contractors on tunnel-related claims in Washington and Florida

Represent general contractor in large claims involving new computer chip manufacturing facility

Represent general contractor on partial termination of stadium steel fabricator

Represent private developer to defend delay and impact claims by general contractor

Represent international contractor on large California wastewater plant claim

Represented a general contractor during construction of a $1.2 billion computer chip manufacturing facility.  Multiple parties had claims on the project, including our client, totaling over $200 million dollars.  We were able to coordinate the various claims and contracts, which resulted in an amicable settlement in the client’s favor.

Achieved multimillion dollar settlement of contractor claims against the State of Hawaii involving changed conditions incurred in construction of a large sewage treatment plant.

Represented a drilling contractor in a dispute with the California Department of Transportation on claims for encountering differing site conditions during the construction of a portion of a new highway in slide prone territory. Assisted in the preparation of the claims and pursued it through arbitration resulting in an award to the client

Represented heavy civil contractor in delay claim prosecution against local public entity on a road rehabilitation project.

Misreprentation and nondisclosure of soil conditions claim prosecution for heavy civil contractor in California Office of Administrative Hearings Public Works Contract Arbitration against state agency on a multi-year highway construction project.

Heavy civil contractor differing site condition and delay claim prosecution in California Office of Administrative Hearings Public Works Contract Arbitration against local public entity on a multi-year bridge replacement project.

Recovery on delay claim prosecution for heavy civil contractor against state agency on a multiyear railroad bridge replacement project.

Represented JV prime contractor in a >$100 million arbitration relating to a light rail project against the project owner and involving multiple subcontractors.

Obtained large award from a contract appeal board following a hearing of wrongful termination claim on a highway contract.

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.

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.

Represented large regional mechanical contractor. Joint Venture was a subcontractor on a power plant rehabilitation project which was being performed by large international company. Claims involved numerous changes, delays and impact which were caused by others, and changed conditions. Joint Venture recovered 100 percent of claim after six-week arbitration.

Favorably resolved dispute for a major mining contractor working for U.S. company involving new shaft construction in South America. Claims involved design deficiencies, differing site conditions and changed work. Resolved dispute by escalated dispute resolution processes between principles of two companies at neutral location.

Represented a general contractor during construction of a $1.2 billion computer chip manufacturing facility.  Multiple parties had claims on the project, including our client, totaling over $200 million dollars.  We were able to coordinate the various claims and contracts, which resulted in an amicable settlement in the client’s favor.

Represented a design-build general contractor during construction of an F-22 aircraft maintenance facility in Anchorage, Alaska.  In addition to assisting in the prosecution of claims, we negotiated with all team members to bring the project to conclusion and the claims were amicably resolved by all parties.

Represented a design-build general contractor during construction of an F-22 aircraft maintenance facility in Anchorage, Alaska.  In addition to assisting in the prosecution of claims, we negotiated with all team members to bring the project to conclusion and the claims were amicably resolved by all parties.

Retained by a general contract to oversee and coordinate the preparation of construction documents, including drafting of the prime contract, for an approximately $70 million shopping mall.

Retained by an Island Improvement Association, which is made up of Island homeowners, and was tasked with coordinating and drafting design, construction and financing documents when the association sought to replace the only bridge allowing access to the island. In addition, we assisted the client throughout the procurement process to assure the proper design and construction team was in place for this major project.

Developed competitive bid procurement procedures and policies for a Regional Fisheries Enhancement Group, which coordinates and performs salmon habitat restoration. In addition to developing bid and procurement procedures, we drafted contract documents and bid package information for the various projects the client undertakes.  We also assisted the client on project management issues, including oversight of construction teams ultimately selected by this Owner client.

Evaluated major project contract documents in support of client’s LTA due diligence efforts on a US DOE Loan Guarantee Program for a cellulose-to-ethanol conversion facility. We also performed technical due diligence review.

Retained by an Island Improvement Association, which is made up of Island homeowners, and was tasked with coordinating and drafting design, construction and financing documents when the association sought to replace the only bridge allowing access to the island. In addition, we assisted the client throughout the procurement process to assure the proper design and construction team was in place for this major project.

Developed competitive bid procurement procedures and policies for a Regional Fisheries Enhancement Group, which coordinates and performs salmon habitat restoration. In addition to developing bid and procurement procedures, we drafted contract documents and bid package information for the various projects the client undertakes.  We also assisted the client on project management issues, including oversight of construction teams ultimately selected by this Owner client.

Supreme Court affirmed a favorable trial court decision in favor of contractor who signed their land but not the bid form.

Handled the bid protest for the manufacturer and supplier of engines and control systems on a contract for the construction of ferries for the Washington State Department of Transportation including pursuing the protest through a multi-day court hearing after which court ruled in favor of the client on its protest resulting in a rejection of the award to another supplier.

Developed competitive bid procurement procedures and policies for a Regional Fisheries Enhancement Group, which coordinates and performs salmon habitat restoration. In addition to developing bid and procurement procedures, we drafted contract documents and bid package information for the various projects the client undertakes.  We also assisted the client on project management issues, including oversight of construction teams ultimately selected by this Owner client.

Evaluated major project contract documents in support of client’s LTA due diligence efforts on a US DOE Loan Guarantee Program for a cellulose-to-ethanol conversion facility. We also performed technical due diligence review.

Assisted a large telecommunications company with the procurement and construction of a large fiber optic and microwave repeating communication network in remote portions of Alaska. Assisted in the development of the request for proposals to be sent to contractors, developed the construction contracts to be used and participated in the negotiation and final negotiations of the contracts with the various suppliers and contractors, including issues regarding the applicability of prevailing wage rules. Also, assisted in the resolution of disputes that arose during contracting and construction

Received full value award following a three week arbitration hearing involving an employee-related fraud and embezzlement action.

Successfully took matter through jury trial in Alameda County and achieved full value resolution after the close of our case-in-chief.

Successfully responded to appeal by large national insurer while achieving an affirmed decision of underlying court trial verdict/judgment. First Appellate District of California has certified and published its opinion. This is the first certified and published opinion in California for Oles Morrison Rinker & Baker.

Successfully tried matter and received full defense verdict and judgment for HVAC/Sheetmetal subcontractor against large national insurer on claims relating to breach of contract and defense/indemnity obligations including recovery through equitable subrogation rights.

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.

Represented general contractor client on insurance risk and minimize liability exposure by examining loss run and insurance coverage and additional insured status for on-going projects to minimize exposure and maintain preservation of assets.

Counsel to engineering team providing construction contracting advice to institutional lenders on cutting edge renewable energy projects, which also included projects internationally.

Represented international partner in an EPC joint venture in negotiating P3 contract documents for a light rail project.

Represents international partner in joint venture involved in the world’s largest tunneling project of its kind.

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.

Successfully responded to appeal by large national insurer while achieving an affirmed decision of underlying court trial verdict/judgment. First Appellate District of California has certified and published its opinion. This is the first certified and published opinion in California for Oles Morrison Rinker & Baker.

Obtained defense verdict for waterproofing construction company on high-level condominium project in San Francisco.

Obtained substantial fraud and misrepresentation verdict against a former employee of a construction company based on embezzlement and misappropriation of funds.

Represent contractor before the ASBCA involving a construction project for the Army Corps of Engineers on a Navy base in Israel.

Represented JV prime contractor and its sureties in a >$100 million twelve-week jury trial relating to claims arising from a large bore tunneling project.

Jury awarded 100 percent of all claims for costs overruns plus business devastation damages on a road building contract in rural Alaska.

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.

Secured multi-million-dollar decision from ASBCA granting full recovery for significant quantity underruns on a dredging project.

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.

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.

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.

On a major pier construction for the Navy in California, represented large regional heavy civil contractor on claims involved differing site conditions, design deficiencies, and major changes during the course of the work, greatly extending time and cost. Agreed with government to utilize modified alternative dispute resolution procedures to favorably resolve dispute in mediation in Washington, DC.

Worked closely with national heavy civil contractor on dam rehabilitation contract with Corps of Engineers to resolve a claim involving differing site condition which made portions of the work impossible and greatly increased cost of work. Resolved through dispute process with the public agency on favorable terms to contractor and allowed for completion of the project through administrative process.

Represented large regional fabricator on contract involving rehabilitation of dam, including numerous hazardous waste issues. Successfully defended against claims by owner and through stepped mediation, was able to resolve all claims with insurance funds, resulting in positive outcome for client.

Successfully recovered in excess of 90 percent of claim after three-week arbitration for a large regional commercial contractor on claims related to site development and construction of large commercial shopping mall. Claims involved delays, changes and impacts to project.

Represented national testing laboratory performing testing at a nuclear facility which had been terminated for default by the operating contractor. After a five-week trial, default termination was converted to termination for convenience and testing laboratory was reinstated and received positive recovery.

Represented large regional heavy civil contractor on new pier construction at major Naval facility including differing site conditions, design defects, and superior knowledge claims, as well as claims by subcontractors. Favorably resolved dispute with government by use of alternative dispute resolution procedures. Favorably resolved dispute with subcontractor after litigation filed using federal judge as mediator.

Alternative dispute resolution procedures used to reach a very favorable settlement with government for an international heavy civil contractor working on an earth and dam rehabilitation project using methods commonly used in Europe but not previously used in United States.

Represented national heavy civil contractor on floating bridge rehabilitation contract where bridge failed during work. Worked closely with client to resolve claims with public agency and successfully mediated resolution in multi-day, multi-party mediation, including contractors, public agency, bonding company and insurance companies resulting in no loss for contractor.

Litigated a lengthy trial regarding disputes that arose out of the remodel, repair and new construction at an oil refinery.

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.

Litigated disputes regarding contract for the provision of services in Hanford over the issue of the appropriateness of the termination of the contract, the improper solicitation of the client’s employees by the terminating party and the nature and scope of damages that could be recovered.

Represented a general contractor in a dispute with a major fabricator/steel supplier over issues that arose during the construction of a new bridge over the Kenai River in Alaska. The dispute concerned issues regarding responsibility for compliance with specified tolerances and the cause of the failure to meet specifications.

Provided representation to an electrical subcontractor on a new school project regarding disputes during the course of construction and helped prepare and present a substantial claim for delay disruption and the contract balance. The claim was pursued through a five-week jury trial after which the client was awarded a judgment for all amounts sought including costs and fees.

Contract change and defective specifications claim prosecution for heavy civil contractor in California state court against local public entity on a sewer rehabilitation project.

Differing site condition and delay claim prosecution for heavy civil contractor in California state court against local public entity on a sewer line construction project.

Subcontractor extra-contractual work claim prosecution against general contractor in California state court on a state agency reservoir construction project.

Successfully responded to appeal by large national insurer while achieving an affirmed decision of underlying court trial verdict/judgment. First Appellate District of California has certified and published its opinion. This is the first certified and published opinion in California for Oles Morrison Rinker & Baker.

Successfully tried matter and received full defense verdict and judgment for HVAC/Sheetmetal subcontractor against large national insurer on claims relating to breach of contract and defense/indemnity obligations including recovery through equitable subrogation rights.

Insurance coverage counsel advising contractor involving multiple specialized tunneling projects in several Western states including Washington, Oregon, California, and North Dakota.

Insurance coverage counsel for largest shore-based processor of Pacific Whiting on the West Coast providing advice on equipment and property claims.

Insurance coverage counsel for fully integrated worldwide leader in transportation infrastructure construction and maintenance of road, air, rail, and maritime transport infrastructure and urban development projects.

Insurance coverage counsel advising general contractor on encroachment and differing site conditions claim involving a mixed use project in Utah.

Insurance coverage and trial counsel for largest building materials and cement supplier on the West Coast with operations in Alaska, Washington, Oregon, California, Nevada and Arizona as well as Western Canada in litigation involving multi phase commercial development project in Pacific Northwest.

Insurance coverage counsel for joint venture on Sound Transit’s Northlink Light Rail project.

Insurance coverage counsel for Joint Venture Partner on Alaskan Way Viaduct Project involving what was, at time of contract, the world’s largest Tunnel Boring Machine (“TBM”).

Insurance coverage counsel for specialty subcontractor providing services on the Light Rail-Central Tunneling Project in San Francisco, CA.

Insurance coverage counsel for specialized micro-tunneling boring machine (“MTBM”) contractors involving multiple specialized tunneling projects in King County.

Insurance coverage counsel advising joint venture partners on replacement of seawall project.

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.

Represent general contractor on multi-million-dollar construction of a Silicon Valley apartment complex and obtain judgments and maximized settlements from other culpable construction parties based on defective workmanship and design.

Successfully obtained a substantial award in arbitration for impact and unpaid progress invoices and unapproved and unpaid change orders for a subcontractor on a prominent automotive facility project regarding payment and delay claims.

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.

Represented client in a bid protest involving a >$400 million wastewater treatment facility.

Draft/prepared contract documents the to be used by all parties in the construction of a large power plant, including subcontracts, supply contracts, warranty provisions and insurance requirements including negotiations with various carriers regarding the scope and nature of the builder’s risk coverage to be provided.

Assisted a large telecommunications company with the procurement and construction of a large fiber optic and microwave repeating communication network in remote portions of Alaska. Assisted in the development of the request for proposals to be sent to contractors, developed the construction contracts to be used and participated in the negotiation and final negotiations of the contracts with the various suppliers and contractors, including issues regarding the applicability of prevailing wage rules. Also, assisted in the resolution of disputes that arose during contracting and construction

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.

Successfully argued on behalf of general contractor that a supplier of temporary labor services does not have standing to assert a claim under Washington’s public bond and retention statutes.

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.

Represented contractor on claims arising from construction of a sewer treatment facility in Hawaii.

Represented JV prime contractor in claims against the project owner on seawall replacement project.

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.

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.

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.

Counsel to major mining contractor working for a private international company developing mining projects crossing borders of two South American countries. Prepared claims, as well as defend against claims relating to the project resulting in the client’s ability

Litigated disputes regarding contract for the provision of services in Hanford over the issue of the appropriateness of the termination of the contract, the improper solicitation of the client’s employees by the terminating party and the nature and scope of damages that could be recovered.

Represented a general contractor in a dispute with a major fabricator/steel supplier over issues that arose during the construction of a new bridge over the Kenai River in Alaska. The dispute concerned issues regarding responsibility for compliance with specified tolerances and the cause of the failure to meet specifications.

Represented a drilling contractor in a dispute with the California Department of Transportation on claims for encountering differing site conditions during the construction of a portion of a new highway in slide prone territory. Assisted in the preparation of the claims and pursued it through arbitration resulting in an award to the client

Provided representation to an electrical subcontractor on a new school project regarding disputes during the course of construction and helped prepare and present a substantial claim for delay disruption and the contract balance. The claim was pursued through a five-week jury trial after which the client was awarded a judgment for all amounts sought including costs and fees.

Represented heavy civil contractor in delay claim prosecution against local public entity on a road rehabilitation project.

Contract change and defective specifications claim prosecution for heavy civil contractor in California state court against local public entity on a sewer rehabilitation project.

Differing site condition and delay claim prosecution for heavy civil contractor in California state court against local public entity on a sewer line construction project.

Misreprentation and nondisclosure of soil conditions claim prosecution for heavy civil contractor in California Office of Administrative Hearings Public Works Contract Arbitration against state agency on a multi-year highway construction project.

Heavy civil contractor differing site condition and delay claim prosecution in California Office of Administrative Hearings Public Works Contract Arbitration against local public entity on a multi-year bridge replacement project.

Subcontractor extra-contractual work claim prosecution against general contractor in California state court on a state agency reservoir construction project.

Recovery on delay claim prosecution for heavy civil contractor against state agency on a multiyear railroad bridge replacement project.

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.

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.