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Real Estate, Construction and Land Use Litigation


We counsel and represent property owners, commercial developers and brokers in real estate, construction and land use disputes and litigation. The following are some of the cases we have handled in this area:

  • Defoor v. Defoor: Represented claimant in complex dispute over ownership of real property and corporate assets; after 19-day trial won award of $5.5 million+ in assets, as valued by the court; judgment affirmed on appeal in all significant respects
  • Yorokopi v. RP Bellevue: Represented tenant in restaurant lease dispute
  • Clear Channel v. Schrem: Obtained judgment dismissing claims by billboard operator for wrongful removal of billboards, and awarding full attorney fees and costs; successfully defended appeals to court of appeals and state supreme court
  • Times Square v. Loudeye: Represented landlord in $3 million commercial lease dispute; after favorable ruling case settled with full award of unpaid rent and fees to landlord
  • Sound Mind and Body v. City of Seattle: Obtained judgment dismissing claims brought against Fremont Sunday Market by nearby business
  • Oewel v. Super Valu: Obtained multimillion dollar judgment against anchor tenant for intentional interference with shopping center development
  • Odegard v Gardner: Represented buyer in suit against seller for nondisclosure of asbestos in shopping center (settled)
  • Zen Center v. Ross: Represented property owner in suit to obtain easement of necessity
  • Paschen v. Washington State Convention and Trade Center: Defended WSCTC in suit by general contractor seeking $35 million in alleged cost overruns arising out of construction of the Convention Center; achieved favorable settlement, including design team's payment of 50% of the settlement amount and design team's insurer's payment of a substantial portion of WSCTC's attorneys' fees
  • State of Washington v. Traylor Bros.: Hired as Special Assistant Attorney General to represent the State in action against general contractor for recovery of damages resulting from the sinking of the I-90/Lake Washington Bridge; obtained substantial settlement payment after 4-day mediation utilizing the novel concept of a 3-member mediation panel
  • E.J. Bartells v. Southwest Marine: Represented plaintiff subcontractor in Federal Court action in Oregon against general contractor for recovery of delay and disruption damages in connection with overhaul of the U.S.S. Standley; won $600,000 jury verdict plus substantial prejudgment interest award and successfully defended appeal to the Ninth Circuit
  • Raytheon v. Washington Public Power Supply System: Defended Supply System in Federal Court action in Arizona brought by general contractor/construction manager seeking $20 million in damages and penalties arising out of termination of the Supply System's Project No. 3 at Satsop; after lengthy 2-week bench trial, the Court issued judgment in Supply System's favor on all claims; successfully defended appeal to Ninth Circuit
  • Kiewit v. Washington State Convention and Trade Center: Defended WSCTC against general contractor asserting a $14 million claim for cost overruns and disruption damages in connection with the substantial WSCTC expansion project; achieved favorable settlement at mediation, including Kiewit's agreement to perform and complete disputed work and a substantial payment by the design team's insurer


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