The Construction Litigation & Surety Practice Team at Williams Kastner serves clients involved in all aspects of the construction industry, including general contractors, specialty subcontractors, owner/developers, architects, engineers, lending institutions and insurers. In addition, we have extensive experience in all aspects of surety law. Familiarity with this broad range of clients has helped the firm to build a group of attorneys who are well versed in virtually every construction-related legal issue.

Rapidly changing federal, state and local laws require increasing concentration within such fields as land use, job safety, environmental law, employer/employee relations, liens, financing, union and management issues, insurance, risk management and tax. Through the Construction Litigation & Surety Practice Team, those experienced in various aspects of construction law are brought together to address the entire spectrum of construction issues for our clients whether the client is a large contractor or a small professional construction service firm. The team also provides clients with audits to examine everything from construction safety programs to insurance needs to questions involving personnel.

The Construction Litigation & Surety Practice Team attorneys offer experienced legal support in the following areas:

  • Catastrophic personal injury and wrongful death claims
  • Construction defect
  • Construction agreement drafting
  • Bonds
  • Labor disputes
  • Bidding issues, including bid errors and bid protests
  • Public and private contract claims
  • Construction program safety and fall protection plans
  • Permits
  • Design flaws
  • Delay claims
  • Changed conditions
  • Indemnification
  • Insurance
  • Liquidated damages
  • Lien claims
  • Personal injury claims
  • Accident investigations
  • OSHA/WISHA claims
  • Guaranties
  • Collection
  • Alternative dispute resolution
  • Arbitration
  • Toxic waste and pollution
  • Termination
  • Bankruptcy
  • Corporate formation and planning
  • Equity capital
  • Capital transactions
  • Joint venture agreements
  • Partnership formation
  • Acquisition and sale of joint ventures, proprietorships, corporations and partnerships
  • Employment contracts
  • Equipment purchases, sales and leases
  • Tax
  • Employee benefits and qualified plans
  • Buy-sell agreements
  • Risk management
  • Drafting, construction and enforcement of insurance policies covering all aspects of a construction project
  • Risk management
  • Analyzing and responding to default terminations and other performance bond claims
  • Providing advice regarding complex bond claim investigations
  • Addressing various project completion scenarios, including tenders, takeovers and financing the bond principal
  • Defense of performance and payment bond claims under the Miller Act and state law, including discharge, exoneration and other surety-specific defenses
  • Defense of extra-contractual claims by claimants, bond principals and indemnitors, including claims brought under the Washington Insurance Fair Conduct Act
  • Prosecution of affirmative construction claims to mitigate surety losses
  • Prosecution of indemnity and other salvage actions on behalf of sureties
  • Resolving priority disputes between sureties, banks, trustees and public agencies
  • Defense of claims on miscellaneous bonds, including license bonds and public official bonds
  • Discrimination claims
  • Unfair labor practices representation
  • Contract analysis
  • Unemployment compensation
  • Occupational Safety and Health Act (OSHA)
  • Washington Industrial Safety and Health Act (WISHA)
  • Prevailing wage
  • Affirmative action
  • Minority and women’s business enterprises
  • Collective bargaining