Updated: Sept. 29, 2023

Construction Law Section

Construction Law Section members share common interests on a wide variety of issues related to the construction industry. The Section promotes the education of members in laws, regulations, and administrative and court decisions and the sound development of relevant laws and regulations, cooperating in that endeavor with the American Bar Association and its sections while also promoting the objectives of the Washington State Bar Association. Section members engage in a broad spectrum of business activities relating to contract drafting and negotiation and bidding processes, as well as all varieties of dispute resolution including arbitration, mediation, litigation, and bid protest.

The Section provides benefits to members through an annual all-day CLE, special topic forums several times a year, a writing competition for law students, and a newsletter published periodically. The Section also meets several times a year for an informal discussion with a special topic speaker, followed by a social hour.

Construction Law Section members also enjoy the benefit of access to editable versions of the construction-related forms, documents, and agreements (see below), developed in collaboration with local construction law professionals, which include a sample design services agreement, model residential construction contracts, model residential design-build contracts, jury instructions, a lien/claim waiver, and a settlement agreement.  Construction Law Section members can access this benefit by logging in to the WSBA website and visiting the Members–Only Resources page. If you are a current Construction Law Section member, but do not have your log-information, please email sections@wsba.org.

Annual Report  |   Budget  |   Bylaws  |  Year in Review  |  Elections  |  Lunch With Lawyers  |   Members Only

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The Construction Law Section offers many resources and benefits for members. On this page you will find information about the section, access to deskbooks and forms, newsletters and more, including information about the section's executive committee.

Upcoming Programs

Deskbooks

Forms Available Online

Lunch With Lawyers

Newsletters

Executive Committee


Upcoming Programs

Check here for the latest in the Construction Law Section's events and offerings.

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Deskbooks

Order your copy of the Washington Construction Law Deskbook (WSBA 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.

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Lunch With Lawyers

The Construction Council is pleased to announce a new program called "Lunch with Lawyers," designed to allow law students to connect with a practicing lawyer in the community and get a free lunch, to boot. The benefits are mutual. Law students now have a way to make connections with practicing attorneys and learn more about this area of the law. And the practicing attorney can get to know the next generation of great lawyers. We hope to make this a successful program. Construction Law has been an amazing practice area for all of us, and we're proud to share. Visit Lunch with Lawyers for our directory of participating attorneys.

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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: 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: 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 are a section member but do not have the log-in information, please email sections@wsba.org.

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Newsletters

Read the latest Construction Law Section Newsletter - Winter 2023!

Winter 2023  |  Spring 2022  │  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.

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Executive Committee

Chair: Bart Reed (2023–2024) 

Chair-Elect: Seth Millstein (2023–2024) 

Vice-Chair: R. Bryce Sinner (2023–2024)

Immediate Past Chair: Jennifer Beyerlein (2023-2024)

Past Chair: Colm Nelson (2023-2024)

Secretary: Travis Colburn (2023–2024)

Treasurer: Elizabeth "Ellie" Perka (2023–2024)

Young Lawyer Liaison*: Margarita Kutsin (2023-2025)

Board of Governors Liaison*: TBD

Past Chairs*

 

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At-Large Members:

Term ending 2024
Lena Holohan
Paige Spratt
Geoffrey Palachuk

Term ending 2025
Erin Varriano
Evan Brown
Masaki James Yamada

Term ending 2026
John Leary
William Young
William "Scott" Noel

 

*Nonvoting member

Committee Chairs

CLE Committee:
Midyear CLE - (2024) Ron English, Geoff Palachuck
Roadshow CLE - TBD
Winter Forum - TBD

Diversity, Equity, and Inclusion Committee:
TBD

Elections Committee:
TBD

Law School Outreach/Lunch with Lawyers:
TBD

Legislative Committee:
TBD

Lifetime Achievement Award Committee:
TBD

Newsletter Committee:
TBD

Social Event Committee:
TBD

Executive Committee Meetings

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 5X01655#. 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 Bart Reed.

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