Current Employment Position(s)

Member, since 2006

Year Joined Organization: 2006

Lawyer Overview

Construction, Real Estate, and Condominium Law: Represents owners, developers, design professionals, and general contractors in construction disputes, real estate contract disputes, claim avoidance, property damage claims, and litigation. Has tried cases involving delay and extra work claims, inadequate design, bid protests, construction defect and mold claims.

Commercial Litigation and Dispute Resolution: He's represented wood and paper product companies, manufacturers, associations, and professional firms. Has tried cases involving real estate purchase and sale agreements, commercial lease disputes, shareholder derivative suits, and wood product facilities. Has acted as arbitrator or mediator in construction-related claims, real estate, and commercial contract disputes.

Areas of Practice

• Litigation and Dispute Resolution
• Construction
• Sustainable Development / Climate Change

Representative Cases

• Dolan v. Shelton Property Ventures, et al.
• R.C. Hedreen Companies v. GLY Construction
• Stimson Lumber v. Harpel and Argus Security
• Hollywood Video v. John Doe Corp
• Western Engineering Constructors v. Patent Scaffolding Systems
• Weidner & Associates— Amber Ridge, English Cove & Highland Parc-- Obtained favorable results for developer in 3 multi-million dollar claims
• Sundquist Homes, Inc. – Barrington, Red Oaks, Mill Creek & Wethersfield—Successfully resolved four claims against large multi-family housing developer
• HMI Real Estate— Alki Beach, Metropolitan and Palermo—Defended three claims against multi-family housing developer
• Murray Franklyn Family of Companies—Vintage 2 HOA v. Avignon Touraine, LLC
• One Central Park Owners Assoc vs. Richards Road LP & Atlantic Holdings, Inc.
• Fortune View Condo Assoc. vs. Fortune Star Development Co
• Renaissance On Queen Anne Owner's Assoc. vs. Taylor Renaissance Equity, LLC
• Villa Costella Owner's Assoc. vs. Villa Costella, LLC
• Bridgecrest Townhomes Assoc. vs. Renton Townhomes, LLC
• Evanston Square Condo Owners Assoc v. Evanston Associates
• Cedar Place v. Caddis Construction
• Hildebrandt & Siena Condo Assoc. vs. Merlin II Associates, LLC
• Harbor View Condo Assoc. v. Landon, Alex & Greene, Nancy
• Peaks at Tukwila Development Condo Assoc. v. Foundation Development Corp.
• 56Th Avenue Square COA vs. C.N.S.S. & Nathan Construction
• Arrowhead Park Vista Homeowners Assoc. v. Asuka Development LLC
• Crystal View Owners Assoc v. Crystal View LLC
• Country Place Homeowners Assoc. v. Country Place IV, LLC
• Westmont Condominium Owners Assoc. v. Avalon Properties, LLC
• Signature Pointe Condo Assoc vs. Pacific Northwest Properties
• ERP Operating L.P. vs. Drk Development, Inc
• Mercer IslandTownhomes Assoc. vs. Trull Develop. & Lightfoot Development, Inc.
• Northridge Village Condo Assoc. vs. Northridge Village LLC
• Morgan Manor Condo Assoc. vs. Washington Pointe Inc.
• Nantucket at Harbour Pointe Condo Assoc vs. TLM Harbour Pointe, Inc
• Woodlands Condo Assoc. vs. Sunnydale Properties LLC
• Brezza Condo Assoc. vs. TMC Develop. Co.; Brezza LLC
• Pioneer View Owners' Assoc. vs. Franssen Devel. Co. LLC & F-1 Enterprises, Inc
• Marina Cove Condo Assoc. vs. Isabella Estates, Trigny Corp

West Practice Categories

Alternative Dispute Resolution, Construction Law, Litigation & Appeals

Bar Admissions

• Washington, 1986
• U.S. District Court District of Alaska
• U.S. District Court District of Hawaii
• U.S. Court of Appeals 9th Circuit
• U.S. District Court Western District of Washington
• U.S. District Court Eastern District of Washington
• U.S. District Court District of Alaska

Professional Associations and Memberships

• Washington Defense Trial Lawyers (Washington Defense Trial Lawyers) (Past President and Board Advisor)
• Washington State Judicial Selection Coalition (Chair)
• Defense Research Institute (State Representative)
• Defense Research Institute (Judicial Independence Task Force) (Vice Chair)
• Defense Research Institute (Construction Committee)
• Washington State Bar Association (Litigation, Public Procurement and Private Construction Sections (Member)
• Seattle #4 Rotary (Business Member Committee)
• Giraffe Project (Past Chair, Board of Directors)

Honors and Awards

• DRI: Community Service Board, 2007
• ABA: Silver Gavel Award, Key Contributor, 2007
• WDTL: President's Award, 2006
• Washington CEO: League of Justice, 2006
• Super Lawyers® List, Washington Law & Politics, 2001 - 2008
• AV, Peer Review Rated by Martindale-Hubbell

Classes and Seminars

• Speaker, Green Building: Benefit & Opportunities for Developers: Risks and Rewards, The Seminar Group - February 2008
• Speaker, Mold, Mildew & Moisture, WSBA Seminar - November 2007
• Speaker, Anatomy of a Mold Trial, WDTL Seminar - Annual Construction Law Update, Portland, OR - March 2007, Seattle, WA - February 2007
• Speaker, ADR in Construction Defects, Mealey’s Pacific Northwest Construction Defect Conference - June 2006
• Condominium Act and Recent Developments, Washington Defense Trial Lawyers Construction Section Seminar - February 2005
• High Exposure and High Profile Litigation, Washington Defense Trial Lawyers Annual Convention - July 2004
• Recent Developments in Construction Defect Cases, Washington Defense Trial Lawyers Construction Section Seminar - April 2004
• Speaker, Insurance Fraud or Ethical Problem?, Defense Research Institute Mold Seminar - 2003
• Speaker, Legal Issues Arising in Toxic Mold and Sick Building Cases, Northwest Real Estate Appraisers Seminar on Toxic Mold - 2002
• Speaker, Ethical Issues in Litigation Defense Matters, Pierce County Bar Association CLE on Ethics - 2002
• Speaker, Objections to Expert Testimony in Construction Defect Cases, Washington Defense Trial Lawyers Construction Section Seminar - 2002
• Speaker, Everything You Ever Wanted to Know About Construction Defect Claims, Washington Defense Trial Lawyers Construction Section Seminar - 2001
• Speaker, How to Avoid Condominium Litigation, Pacific Northwest Title Seminar - 2001
• Speaker, Condo Wars - Update of Recent Case Developments, Washington State Bar Association Real Estate Section Annual Meeting - 2001
• Legal Issues in Toxic Mold Cases, American Indoor Air Quality Council - 1999
• Washington Defense Trial Lawyers Seminar on Construction Defects, 1999

Past Employment Positions

• Bullivant Houser Bailey PC, Board of Director, 2002 - 2006
• Bullivant Houser Bailey PC, Shareholder in Charge, Seattle Office, 1999 - 2002
• Bullivant Houser Bailey PC, Associate and Shareholder, 1988 - 2006
• Barokas & Martin, Associate, 1986 - 1988

Education

• Seattle University, School of Law, Seattle, Washington, 1986
  J.D.
• Western Washington University, 1981
  B.A.
  Honors: With Honors

Published Works

• The State of the State: An Interview With Chief Justice Alexander, Attorney General McKenna, and 2005-06 WSBA President Taylor, Interviewer, Washington State Bar News, October 2006
• Author, There Are Better Ways To Assure a Fair and Impartial Judiciary, King County Bar Bulletin, August 2006
• Co-Author, Daubert, Frye and Other Challenges to Expert Testimony in Mold and Construction Defect Cases, Mealey’s Litigation Report, 2003
• Author, The Mold Rush Represents A New Litigation Gold Rush, Tort Talk, Puget Sound Business Journal, 2002
• Co-Author, Building Code Inspections No Defense for Contractors, Seattle Daily Journal of Commerce, 2000

Address

1111 Third Avenue
Suite 3400
Seattle, WA 98101-3299

Phones

(206) 447-2915

Faxes

(206) 749-2029

Emails

Contact Us

Websites

http://www.foster.com