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Tyler has focused on commercial litigation during his 28 years of practice in Washington, with an emphasis on construction, antitrust and employment cases.
Representative Cases
- 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 four-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 2 week bench trial, the Court issued judgment in Supply System's favor on all claims; successfully defended appeal to Ninth Circuit.
- Riverfront Landing Phase II Owners Association v. GT Framing et al.: Represented plaintiff owners association in arbitration against project subcontractors for recovery of damages resulting from defective condominium construction; won $2.4 million arbitration award after one week arbitration.
- HNTB & M.A. Mortenson v. Bellevue Convention Center Authority (Meydenbauer Center): Defended Meydenbauer Center against substantial damage claims by design team (HNTB) and general contractor (Mortenson) alleging cost overruns arising out of construction of the Meydenbauer Center; achieved successful results in arbitration with HNTB and in settlement with Mortenson.
- Sealaska Corp. v. Zidell: Represented plaintiff Sealaska in Federal Court action seeking damages resulting from commercial bribery/kickbacks in barge transactions; obtained substantial settlement payment after mediation.
- 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.
- Snohomish County v. IMCO: Represented plaintiffs Snohomish County, City of Lake Stevens and Drainage Improvement District No. 8 in action against general contractor and engineer for recovery of damages resulting from construction and design defects in aerator installed in Lake Stevens; obtained favorable settlement at mediation, including substantial payments from both defendants.
- Martin v. Northwest Composites: Defended employer in Federal Court action by employee seeking $900,000 in damages for alleged employment discrimination; jury issued defense verdicts on six of plaintiff's seven claims and awarded plaintiff $12,500 on seventh claim.
- Agnello v. Bethlehem Steel: Represented 100 salaried employees in Federal Court ERISA action challenging reduction of retirement benefits following 1984 sale of Bethlehem's West Seattle plant; confidential settlement.
- Hedreen v. Washington State Convention and Trade Center: Defended WSCTC against $6 million claim asserted by one of the private developers involved in the WSCTC expansion; achieved favorable settlement at mediation, including resolution of complex scheduling issues and release of WSCTC from potential claims by general contractor.
- Polymer v. Allen: Represented six shareholders of an "S" Corporation in Bankruptcy Court adversary proceeding regarding payment and recovery of income distributions; achieved favorable settlement at mediation.
- National Bank of Washington v. Strand: Represented plaintiff shopping center owner in Superior Court action against general contractor and design professionals for recovery of damages resulting from roof/truss construction and design defects; achieved favorable settlement at mediation.
Background
Tyler began practicing in 1980 with the Seattle law firm of Culp Dwyer Guterson & Grader, where he became a partner and practiced until the firm dissolved in 1995. He then became one of the founding members of McNaul Ebel Nawrot Helgren & Vance, PLLC, where he practiced from September 1995 through May 2006. He became Of Counsel at Rafel Law Group PLLC in June 2006.
Education
- J.D., The Ohio State University College of Law, 1979
- B.A., cum laude, Williams College, 1976
Admitted to Practice
- Washington
- United States District Court, Western District of Washington
- Ninth Circuit Court of Appeals
Memberships/Activities
- Washington State Bar Association
- King County Bar Association
- Contributing Author, Washington Public Bidding Law Deskbook
- Panel Member, Washington CLE Seminar on Dispute Resolution During Construction Projects
Recognitions
- "AV" rated by Martindale Hubbell (highest rating). (To view an explanation of "AV" ratings by Martindale Hubbell, click here)
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