Since its inception in 1915, Short Cressman & Burgess' lawyers have been at the forefront of developments in construction law in the Pacific Northwest. Maintaining one of the largest Construction Law Practice Groups in the Pacific Northwest, the members of SC&B's Construction Industry Group are devoted to servicing the needs of general contractors, sureties, subcontractors, suppliers, lenders, developers and owners, as well as several trade and industry associations. We are sizeable enough to have an impressive weight of experience, yet lean enough to furnish our construction clients with the type of legal advice and solutions that protects our clients' interests in a prompt, cost efficient manner.

Our attorneys understand the business of construction. Several of our lawyers have backgrounds in construction and engineering, and have had hands-on experience working on construction projects. All of our lawyers have the experience and skill to enable us to grasp key technical issues quickly, and the ability to develop and research strategic legal approaches to plan successful, cost-effective solutions.

We take a personal interest in the construction industry and are active members of industry organizations such as the Associated General Contractors, Associated Builders and Contractors, and National Electrical Contractors Association. We have represented the construction industry in litigating issues of importance, such as our representation of the AGC in Associated General Contractors of Washington v. King County, 124 Wn.2d 855, 881 P.2d 996 (1994).

Our lawyers are also frequently called upon by many of the construction trade groups to submit amicus curiae (friend of the court) briefs to Washington's appellate courts to persuade the courts to rule favorably toward the interests of the construction industry.

Our lawyers are also active members of several legal organizations servicing the construction industry such as the Public Procurement & Private Construction Section of the Washington Bar Association, the Forum on the Construction Industry and Tort and Insurance Practice Section of the American Bar Association. We are routinely invited to lecture on legal issues important to the construction industry as a whole and to author articles, chapters, and books on a wide range of legal issues concerning the construction industry. We know the importance of educating our clients and prospective clients on current legal issues and trends, therefore we value the opportunity to conduct in-house education seminars ranging from fundamental issues of lien and bond claims, to understanding critical clauses in construction contracts, to identifying, documenting, and prosecuting or defending construction claims.

We assist our clients in all aspects of a project from the point of conceptual design to contract administration issues and negotiation of change orders, through project close-out and dispute resolution. Our lawyers are result oriented. We take pride in the fact that we are able to provide practical advice and effective legal representation in the most cost-efficient manner. We work together with our clients and strive to find innovative and creative solutions to solve their problems.

Our clients, both regional and national companies, have looked to us to represent them throughout the Northwest as well as in Arizona, California, Hawaii, Nevada, and Alaska. We have counseled our clients on all types of construction projects including office buildings, warehouses, airport runways and terminals, dams, nuclear plants, schools in metropolitan areas and bush schools in rural Alaska, jails/prisons, power plants, performing arts centers, bridges, sewers, waste-water treatment plants, pipelines, residential developments, condominiums, hospitals, highways, military housing and facilities, and fishing boats, to name a few.


Our clients routinely rely upon us to counsel and represent them in all aspects of construction, including:

Contract Preparation, Negotiation and Administration
Our experience in resolving construction disputes provides us with the foresight to anticipate potential problems that may be encountered during the course of the project. With that insight, we are able to draft and negotiate construction and design contracts with emphasis on risk management and proper allocation of risks.

Bid Protests
We understand the importance of being awarded a public contract and the critical timing of pursuing protests for both federal and state projects. Our lawyers have the experience in both pursuing and intervening in protest actions to ensure that our clients' rights are protected in the public procurement process. Some of the projects our lawyers were called upon in connection with bidding matters are school construction, the security system for Sea-Tac International Airport, and the King County Regional Justice Center in Kent, as well as a design-build residential project for the United States Navy. Depending on the interests involved, we are prepared to take bid protests to the appellate level, such as in the reported decision of Dick Enterprises v. King County, 83 Wn. App. 566, 922 P.2d 184 (1996), where we successfully represented our client in a bid protest on a $100,000,000 project.

Compliance with Governmental Regulations
WISHA, PLA, MBE, WBE, FAR, DFAR . . . Our lawyers know that these are regulations that our clients must comply with and help our clients understand the various government regulations imposed upon them by both state and federal governments.


Construction Claims

Our lawyers are experienced in handling all kinds of construction claims, from preparation and submission, to prosecution and defense, we are prepared to handle any problem encountered during and after completion of the project. We have expertise in all areas, including:

Payment: Mechanic's Liens and Collection
Getting paid and exercising the right to withhold payment are just some of the critical issues that our clients deal with on a daily basis. We know the importance of cash flow in any construction project and have the experience to resolve payment issues. Our lawyers contributed to AGC of Washington's Lien and Bond Claims Manual, and we also publish SC&B's own Manual for Lien and Bond Claims on Washington Construction Projects, which has proven to be an important resource in our clients' daily work activities.

Impact Claims Due To Delay, Suspension, Acceleration or Disruption
Maintaining and strictly following a project schedule is the key to any successful construction project. When things do not go as planned, our expertise in scheduling issues helps our clients both pursue and defend time and cost- related claims.

Differing Site Conditions
Our lawyers are experienced in dealing with differing site condition issues encountered during the project, as well as defending and prosecuting these issues as claims during the dispute resolution process. We have successfully represented clients in connection with differing site condition issues on private contracts as well as state and federal public contracts.

Defective or Ambiguous Specification Claims
With the trend in the delegation of design responsibilities in construction form contracts, our lawyers are keenly aware of the shift in the law concerning liabilities arising out of insufficient plans and specifications, and the defenses that may be raised against such claims. Our lawyers have represented design professionals defending against such claims as well as contractors and owners pursuing these claims against design professionals.


Matters Involving Sureties and Insurance

Our lawyers have represented some of the world's largest sureties, as well as regional sureties and bond producers in every phase of construction, and in every aspect of a bond dispute, regardless of whether the dispute involves the obligee, principal, claimant, or some other third party. In the event the surety finds itself facing the claim of a bankruptcy trustee or secured creditor, we understand the strength of the surety's equitable subrogation rights and the importance of protecting bonded contract proceeds. We have the experience and capabilities to assist the surety in any one of a number of areas, including:

Performance Bond Defaults
An unfortunate reality in the construction industry is the decision to default and/or terminate a contractor's contract during the course of construction. At that juncture, it is important that the surety, as well as its principal, be prepared to investigate, evaluate, and respond to what will inevitably be a claim against the performance bond. Our lawyers are skilled in working with our surety and contractor clients to either "fish or cut bait" so as to minimize exposure and costs. Regardless of the situation, we are prepared to argue for reinstatement or conversion of a default termination to one of convenience or, if the facts warrant such an approach, negotiate an agreement that extracts the surety from the problem (finance, tender, takeover, or completion agreements) without exposing the surety to additional liability (bad faith, penal sum claims, etc.).

Payment and Performance Bond Matters
Our lawyers are well versed in the law of suretyship and have worked extensively in representing the rights of the principal, obligee and surety. We represent our clients on surety issues on private projects, as well as bonds issued under state public procurement laws and the Miller Act.

Indemnity
We have intimate familiarity with a surety's general agreement of indemnity or master surety agreement, and know that a surety's contractual rights under such agreements are often times the tools that must be used to secure information, obtain access to records, and minimize losses through indemnity. In the event the surety has sustained a loss, we are prepared to evaluate the merit and feasibility of recovery through affirmative claims on the bonded project and/or from the principal's indemnitors. We are experienced in prosecuting the surety's rights in state, federal, and bankruptcy courts.


Dispute Resolution

Construction Claims Avoidance
Our lawyers believe that our clients do not always benefit from the cost and time required to litigate claims. We therefore work with our clients both during and after the construction to control and manage claims, and are committed to making full use of the dispute resolution processes afforded to our construction clients so we can hopefully avoid the more costly alternative of arbitration or litigation.

Mediation, Arbitration and Litigation
We know that even with the best intentions, disputes arise and that sometimes arbitration or litigation is inevitable. We believe in case management and utilizing legal rules and procedures to aggressively represent our clients' best interest. In protecting our clients' interests, our actions frequently result in published decisions favorable to our client and the construction industry, such as the Washington Supreme Court's decisions in, to name a few: Eastlake Construction Co., Inc. v. Hess, 102 Wn.2d 30 (1984); Lindbrook Construction, Inc. v. Mukilteo School Dist. No. 6, 76 Wn.2d 539, 458 P.2d 1 (1969); Industrial Electric-Seattle, Inc. v. Bosko, 67 Wn.2d 783, 410 P.2d 10 (1966); and Bignold v. King County, 65 Wn.2d 817, 399 P.2d 611 (1965).


Public Contracting

We represent contractors, subcontractors and suppliers on various issues that arise in connection with contracting with public entities both under state and federal laws. Our lawyers have appeared before state courts as well as federal courts and administrative agencies on issues pertaining to contract disputes. We have also represented Washington public entities in connection with claims arising out of construction contracts. We understand the nuances involved in contracting with public agencies and constantly strive to maintain our level of expertise on the various rules and regulations that govern the public procurement arena through our concerted efforts in drafting laws and reviewing new legislation.

Useful Websites

Associated Builders & Contractors of Western Washington
Associated General Contractors of Washington
Asphalt Pavement Association of Washington 
Construction Management Association of America (Pacific Northwest Chapter) 
Mason Contractors, Washington State Conference
Mechanical Contractors Association of America (Western Washington Chapter)
National Electrical Contractors Association (Puget Sound Chapter)
Roofing Contractors Association of Washington
Sheet Metal & Air Conditioning Contractors (Western Washington)
Utility Contractors Association of Washington