Updated: April 14, 2021

Construction Law Section

Construction Law Section members share common interests on a wide variety of issues related to the construction industry and all aspects of government procurement.

Our membership includes a mix of attorneys in private and in-house practice, including assistant attorneys general who represent federal, state, county, local, city, school districts, hospitals and special-use agencies; private owners; contractors; engineers; architects; manufacturers; and suppliers.

Our members engage in a broad spectrum of business activities relating to contract drafting and negotiation; bidding processes; and all varieties of dispute resolution, including arbitration, mediation litigation, and bid protest. The section sponsors a yearly all-day CLE, publishes a newsletter and a members-only list serve, and meets several times a year for informal discussion with a special topic speaker, followed by a social hour.

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Shape Your Section for the Future: Apply Today to Become a Section Leader

 

Application Deadline is April 16, 2021

The following section executive committee positions are open for applications: 

  • Vice Chair: one-year position beginning Oct. 1, 2021, and ending Sept. 30, 2022.
  • Secretary: one-year position beginning Oct. 1, 2021, and ending Sept. 30, 2022.
  • Treasurer: one-year position beginning Oct. 1, 2021, and ending Sept. 30, 2022.
  • At-Large Member (three positions open): three-year position beginning Oct. 1, 2021, and ending Sept. 30, 2024.

To learn more about roles and expectations for serving on the section executive committee, click here to review a volunteer position description. This volunteer position description provides a general overview of section executive committee positions and may differ for each section.

Eligibility Requirements: Applicants must be a current section member and should be eligible to vote in accordance with the section’s bylaws.

Application Process: Click here to complete the online application for open executive committee positions. The Section has requested that each applicant submit a resume, statement of interest, and letter of support with your application. These documents can be uploaded with your online application (PDF format only). Please be advised that application materials may be posted on this website for public viewing.

Nomination Process: By last day of February of each year, the Chair shall appoint a nominating committee of three members of the Section, at least one of whom should not be a current member of the executive committee, to make recommendations for the offices of Vice Chair, Secretary, Treasurer, and for the three At-Large executive committee members to be elected. The Chair shall file a written notice with the Secretary of the Section of the members named to the nominating committee at the time of their appointment.

Alternate Nomination Process: Additional nominations may be made after submission of the nominating committee’s report by filing a petition with the Secretary of the Section, at least thirty (30) days in advance of the election and signed by at least fifteen (15) members of the Section in good standing, nominating a person qualified for any of the positions to be elected. The executive committee will approve a list of nominees for each open position which shall be the basis for WSBA’s electronic voting as per Section 7 hereunder.

Elections Process: All voting members of the section will receive an electronic ballot sent to their email in June 2021. Visit this webpage in early June for election updates and voting instructions.

Questions? 
For more information about the Section, its executive committee roles, and elections process, please review the Section’s bylaws. You may also contact any member of the current Section Executive Committee or email sections@wsba.org.


The Spring 2021 edition of the Construction Law newsletter has arrived! 

Read it here.


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

WSBA Construction Law Deskbook (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 a section member but do not have the log-in information, please email sections@wsba.org


Newsletters

 

Fall 2020

Spring 2020 │ Winter 2019-2020 │ Winter 2018-2019 

Fall 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: Brett Hill

Chair-Elect: Colm Nelson

Vice-Chair: Jennifer Beyerlein

Secretary: Allison Murphy

Treasurer: Seth Millstein

Immediate Past Chair: Amber Hardwick

Past Chair: Jason Piskel 

Board of Governors Liaison*: Bryn Peterson

Young Lawyer Liaison*: William Young

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) 

* Nonvoting member

At-Large Members

Term ending 2021
Lena Holohan
Bart Reed
Paige Spratt

Term ending 2022
Brian Guthrie
Rick Wetmore
Masaki James Yamada

Term ending 2023
Todd Henry
Bryce Sinner
Scott W. Campbell

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 Brett Hill.