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

Litigation

  • 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

Business Planning and Formation

  • 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

Insurance and Workers’ Compensation

  • Drafting, construction, and enforcement of insurance policies covering all aspects of a construction project
  • Risk management

Surety

  • 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

Labor and Employment

  • 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