Updated: June 22, 2022

Construction Law Section

Construction Law Section members share common interests on a wide variety of issues related to the construction industry. The Section promotes the education of members in laws, regulations, and administrative and court decisions and the sound development of relevant laws and regulations, cooperating in that endeavor with the American Bar Association and its sections while also promoting the objectives of the Washington State Bar Association. Section members engage in a broad spectrum of business activities relating to contract drafting and negotiation and bidding processes, as well as all varieties of dispute resolution including arbitration, mediation, litigation, and bid protest.

The Section provides benefits to members through an annual all-day CLE, special topic forums several times a year, a writing competition for law students, and a newsletter published periodically. The Section also meets several times a year for an informal discussion with a special topic speaker, followed by a social hour.

Construction Law Section members also enjoy the benefit of access to editable versions of the construction-related forms, documents, and agreements (see below), developed in collaboration with local construction law professionals, which include a sample design services agreement, model residential construction contracts, model residential design-build contracts, jury instructions, a lien/claim waiver, and a settlement agreement.  Construction Law Section members can access this benefit by logging in to the WSBA website and visiting the Members Only Resources page.  If you are a current Construction Law Section member, but do not have your log-information, please email sections@wsba.org.

Annual Report  |  Budget  |  Bylaws  |  Year in Review  |  Members Only

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Section Executive Committee Elections

The Section is conducting elections for open positions on the executive committee.

Voting is scheduled for June 6–19, 2022.

Candidate Information, Open Positions, and Terms
For more information about the Section and its executive committee, please review the Section's bylaws. Candidates are listed in alphabetical order by position.

Vice Chair: one-year position beginning Oct. 1, 2022, and ending Sept. 30, 2023.

     Candidate: Seth Millstein 

Secretary: one-year position beginning Oct. 1, 2022, and ending Sept. 30, 2023.

      Candidate: Allison Murphy

Treasurer: one-year position beginning Oct. 1, 2022, and ending Sept. 30, 2023.

      Candidate: Elizabeth (Ellie) Perka 

At-Large Member Position 1: three-year positions beginning Oct. 1, 2022, and ending Sept. 30, 2025.

     Candidate: Brian Guthrie

At-Large Member Position 2: three-year positions beginning Oct. 1, 2022, and ending Sept. 30, 2025.

      Candidate: Masaki Yamada

At-Large Member Position 3: three-year positions beginning Oct. 1, 2022, and ending Sept. 30, 2025.

      Candidate 1: John Leary

      Candidate 2: Erin Varriano

Questions? Contact sections@wsba.org.


REGISTER NOW! Construction Law Mid-year CLE

The WSBA Construction Law Section’s annual mid-year CLE will be held as a full-day webinar on Friday, June 10, 2022.

Co-chaired by former WSBA Construction Law Section Chairs, Ron English and Bart Reed, this CLE is focused on construction law updates, public works issues and judicial perspectives on litigation. The program will also include a Construction Law Section update by the current Construction Law Section Chair, Colm Nelson.  The seminar has been accredited for 7 CLE credits in Washington and Oregon (6 general credits and 1 ethics credit).

Topics include:

  • One-hour ethics discussion
  • Annual Washington construction-related case law and legislative updates
  • Discussion of bid and proposal protests and litigation
  • Notice and termination Issues
  • Judicial panel perspectives on how trial and appellate practice continues to evolve in response to COVID
  • UCC applications to construction projects
  • COVID-19 impacts on the construction industry and workforce
  • Developments in Design Build and GCCM contracting

Register here 

 


The Spring 2022 edition of the Construction Law newsletter has arrived! 

Read it here


Order your copy of the Washington Construction Law Deskbook (WSBA 2019)

This single-volume ready resource on every facet of construction law was developed in collaboration with the Construction Law Section.

Editor-in-Chief: Ronald J. English

Editorial Board: Jennifer McMillan Beyerlein, John Evans, Brett M. Hill, Robert L. Olson, Thomas H. Wolfendale

Review table of contents and authors.

Order your print copy now.

Subscribe to the online version.


Forms Available Online

Design Services Agreement

View the Construction Law Section's model Design Services Agreement.

Model Residential Construction Contracts

The Construction Law Section prepared these contracts as a public service to the construction industry and its residential consumers and contractors. For most people, their single largest asset is their home. Construction and remodeling of residences is a major industry in Washington. These model contracts were developed specifically for residential construction services.

The Lump Sum Contract, also known as a Fixed Price Contract: The owner agrees to pay the contractor a specified amount for completing the scope of work without requiring a detailed cost breakdown.

The Cost Plus Contract: The owner pays for the actual costs of the work, plus a fee for the contractor's services.

Model Residential Design-Build Contracts

The Construction Law Section is pleased to offer two new forms that can be used to provide a solid framework for projects in which a contractor performs both the design and build. These model contracts help homeowners and builders allocate risk and responsibilities. 
Cost Plus Contract: Where the design-builder estimates the project cost, but the actual cost is ultimately determined by the total costs of design services, labor, and materials supplied by the design-builder. 
Lump Sum Contract: Where one lump sum is paid by the owner as required by the contract.

Jury Instructions and Guide

Members of the WSBA Construction Law Section prepared the sample Jury Instructions as a courtesy, for section member use only. The sample jury instructions and index have not been approved by the WSBA Board of Governors as official WSBA policy or documents and should not be identified or disseminated as such. The sample jury instructions and index do not constitute legal advice or recommendations and there is no substitute for careful review by attorneys and their clients. The drafters, the WSBA Construction Law Section, and the WSBA are not responsible for any use of the jury instructions and index.

Other forms

Interim Lien/Claim Waiver

Settlement Agreement and Mutual Release of All Claims

Editable Versions of the Forms

Editable versions of the forms are available for Construction Law Section members via the Members Only Resources page. If you are a section member but do not have the log-in information, please email sections@wsba.org


Newsletters

Spring 2022Fall 2020 │  Spring 2020 │ Winter 2019-2020 │ Winter 2018-2019Fall 2018 │ Spring 2018 │ Winter 2017-2018

Archived issues are available to section members upon request. To request an issue, please email sections@wsba.org.


Executive Committee

Chair: Colm Nelson (2021-2022) 

Chair-Elect: Jennifer Beyerlein (2021-2022) 

Vice-Chair: Bart Reed (2021-2022) 

Secretary: Allison Murphy (2021-2022)

Treasurer: Seth Millstein (2021-2022);

Immediate Past Chair: Brett Hill (2021-2022) 

Past Chair: Amber Hardwick (2021-2022)

 

Board of Governors Liaison*: Serena Sayani (2021-2022) 

Young Lawyer Liaison*: Travis Colburn (2021-2023)  

Previous Past Chairs*

Alan B. Bornstein (2004-2005)
Ron English (2005-2006)
Bob Olson (2006-2007)
Andrew Maron (2007-2008)
Bryan Caditz (2008-2009)
Robert H. Crick Jr. (2009-2011)
Thomas H. Wolfendale (2011-2012)
Joseph Scuderi  (2012-2013)
Thomas P. Larkin II (2013-2014)
Scott Sleight (2014-2015)
John Evans (2015-2016)
Marisa Bavand (2016-2017)
Athan Tramountanas (2017-2018)
Jason Piskel (2018-2019)

* Nonvoting member

At-Large Members

Term ending 2022
Brian Guthrie
Rick Wetmore
Masaki James Yamada

Term ending 2023
Todd Henry
Bryce Sinner
Scott W. Campbell

Term ending 2024
Lena Holohan
Paige Spratt
Geoffrey Palachuk

The WSBA Construction Law Section Executive Committee generally conducts meetings on the second Wednesday of each month, noon-1 p.m. You may attend by phone by calling 866-577-9294 and using passcode 501655#. Please contact committee members for more details on their upcoming meeting dates and locations.


Join Our List Serve

To join the section list serve and for general section questions, please send your email address and bar number to sections@wsba.org. For more information and to get involved with the section, please contact Section Chair Colm Nelson.