Bart Reed

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Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction and design issues and disputes, representing owners, developers, contractors, subcontractors, design professionals and sureties, in diverse matters on both public and private projects. His experience covers a wide range of issues affecting design and construction clients, including contract drafting/negotiation, non-payment and surety claims, construction liens and payment bond claims, design disputes, construction defects, and scheduling issues in the defense and prosecution of delay/impact claims.

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Considerations for Contesting a Frivolous Lien in Washington

By Bart Reed on Posted in Construction Liens, Washington
For any owner or developer of a private construction project—and especially those looking to refinance or sell the property—lien claims can pose serious challenges as well as being a source of great frustration. In my latest column for the Daily Journal of Commerce, I outline some legal options for a Washington construction project owner caught … Continue Reading

Construction Law Updates, Public Works Issues, and Judicial Perspectives on Litigation in an Evolving Courtroom

By Bart Reed on Posted in Construction Industry, General, Washington
On June 10, I will be co-chairing and my colleague Colm Nelson will be a panelist during the annual mid-year WSBA Construction Law Section CLE.  This program is a full-day webinar presented by the WSBA in partnership with Stoel Rives and will cover construction law updates, public works issues, and judicial perspectives on litigation in an … Continue Reading

Construction Contract Termination Provisions: Recent Washington Case Examines Parties’ Rights

By Bart Reed and Danika Duffy on Posted in Construction Contracts, Risk Management, Washington
The importance of carefully drafting, and following, a construction contract’s termination provisions was made clear for project owners and contractors by a recent Washington Supreme Court decision, Conway Construction Co. v. City of Puyallup. The city contracted with Conway to build a major roadway, but when the city lost confidence in Conway’s work, it issued the … Continue Reading

Webinar: Navigating a Financially Troubled Project During Uncertain Times

By Bart Reed on Posted in Construction Industry, COVID-19, Washington
On June 11, I will be co-chairing and my colleague Colm Nelson will be a panelist for “Navigating a Financially Troubled Project During Uncertain Times,” a full-day webinar presented by the WSBA Construction Law Section in partnership with Stoel Rives. Colm will be on a panel that will cover claims and claim defenses related to … Continue Reading

New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period

By Bart Reed and Loni Hinton on Posted in Commercial Construction Contracts, Liens, Washington
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to correct nonconforming work – usually referred to as “warranty work.”  In the case of Brashear Electric, Inc. v. Norcal … Continue Reading

Mitigation of Risk in the Age of COVID-19: Ten Ways Owners Can Protect Themselves Against Lien Claims in Washington

By Bart Reed on Posted in Construction Industry, Construction Liens, Risk Management, Washington
Among the many effects on the U.S. economy of the COVID-19 pandemic, construction projects that started before it began but were halted in its aftermath may be slow to resume or be abandoned altogether thanks to funding issues. Contractors, subcontractors, and suppliers feel immense pressure to protect and preserve their rights to payment for work … Continue Reading

Registration Now Open for the WSBA Construction Section’s Annual CLE Seminar (Via Webinar on June 12, 2020, on Alternative Procurement and Coronavirus Impacts)

By Bart Reed on Posted in Construction Contracts, Construction Industry, Construction Litigation, COVID-19
The Construction Section of the Washington State Bar Association, in partnership with Stoel Rives, will present its annual full day seminar (via webinar) on June 12.  Co-chaired by Bart Reed (Partner at Stoel Rives), Brett Hill (Partner at Ahlers, Cressman & Sleight), and Ron English (Retired General Counsel of the Seattle Public Schools), the webinar will … Continue Reading

Your Contract Might Not Be Ironclad: A Primer on Waiver-by-Conduct

By Bart Reed on Posted in Commercial Construction Contracts, Construction Contracts
Parties involved in a construction project can expect to spend much energy and effort to finalize the terms and conditions of a contract. Although those terms usually carry great weight in any contract dispute, of equal or greater importance can be the parties’ actions and course of dealing during construction. A lack of strict adherence … Continue Reading

Another Washington Lien Law Resource From Practical Law

By Bart Reed on Posted in Construction Liens, Liens
Practical Law, a division of Thomson Reuters and an affiliate of Westlaw, now offers another lien law resource for Washington practitioners.  With contributions from Stoel Rives LLP’s Seattle-based construction attorneys Karl Oles, Bart Reed, and Loni Hinton, this new lien resource includes a “flowchart” of important concepts and timelines associated with preserving, perfecting, enforcing, and … Continue Reading

Washington Court of Appeals Provides Guidance Regarding Frivolous and Excessive Lien Claims Against Condominium Projects

By Bart Reed and Loni Hinton on Posted in Condominiums, Construction Liens, Liens, Washington
Recently, Division One of the Washington Court of Appeals issued an opinion providing guidance regarding the scope of Washington’s frivolous lien statute and the subtle intricacies of preparing and filing a construction lien against a condominium project.   This article provides a high-level overview of how to file a lien against a condominium project in Washington … Continue Reading

Recent Washington Court Decision Examines Whether Lien Claim on Condominium Unit Was Frivolous (Subject to Release) or Excessive (Subject to Reduction)

By Bart Reed on Posted in Condominiums, Construction Claims, Construction Liens, Construction Litigation, Liens
On February 11, 2019, Division One of the Washington Court of Appeals issued an opinion in the case of Woodley v. Style Corp. d/b/a Servpro of Shoreline/Woodinville, No. 77352-6-I (Wash. Ct. App. Feb. 11, 2019).  The case highlights the care that should be exercised in filing a lien claim for services furnished to improve a … Continue Reading

Practical Law and Stoel Rives LLP Publish New Lien Law Resources for Washington

By Bart Reed on Posted in Construction Liens, Liens, Mechanic's Liens and Stop Notices
Practical Law, a Thomson Reuters company and division of West Publishing Corporation that produces online legal resources for attorneys, is pleased to partner with Stoel Rives LLP to present its Washington Construction Lien Practice Note and Workflow Checklist. The resources, now published and available through Practical Law’s online services, afford access to valuable content about construction … Continue Reading

“Is Mike M. Johnson Here to Stay?”—Recent Washington Supreme Court Case Upholds Contractual Waiver of Claims Provision

By Bart Reed on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Public Construction Contracting
In Nova Contracting, Inc. v. City of Olympia, No. 94711-2 (Wash. Sept. 29, 2018), the Washington Supreme Court, sitting en banc, ruled in favor of a municipality on the issue of whether the general contractor complied with a contract’s notice of claim provision.  Relying on Mike M. Johnson, Inc. v. Spokane County, 150 Wn.2d 375, … Continue Reading

Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?

By Bart Reed on Posted in Construction Contract Interpretation, Construction Contracts, Liens, Payment Disputes
During Seattle’s current construction boom, general contractors and subcontractors may be concentrating more on finalizing work on their projects than on worrying about the niceties of their construction contract documents. It is no less prudent now, however, for the parties to remain aware of their contractual rights and responsibilities—especially those tied to payment.  One payment … Continue Reading

Advance Contractual Lien Releases in Washington – An Enforceable Shield or Unintended Liability?

By Bart Reed on Posted in Commercial Construction Contracts, Construction Contract Interpretation, Construction Liens, Liens, Risk Management
As the construction boom continues in Washington (and especially in Seattle), owners and developers look for ways to mitigate risk on projects. Risk mitigation is often accomplished through negotiated terms and conditions of the parties’ contractual agreements. In my latest Daily Journal of Commerce article, I explore the validity of advance contractual lien releases and … Continue Reading

Microsoft Planning Large Campus Renovation and Expansion Project in Redmond

By Bart Reed on Posted in Construction Industry
Microsoft Corporation recently announced plans to revitalize its 500-acre Redmond campus with dramatic renovation and expansion work to be completed over the next five to seven years. The project will include the addition of 18 new buildings, 6.7 million square feet of renovated office space, $150 million in transportation infrastructure improvements, public spaces, sports fields … Continue Reading

Stoel Rives’ Construction & Design Group Selected for Practical Law Publication on Construction Lien Claims

By Bart Reed on Posted in Construction Liens, Liens, Uncategorized
Practical Law, a Thomson Reuters Company and division of West Publishing Corporation that produces online resources for attorneys across myriad legal topics, recently invited members of the Construction & Design Group of Stoel Rives’ Portland and Seattle offices to provide construction lien resources for Oregon and Washington.  According to Kate Kruk, Practical Law’s Content Acquisition … Continue Reading

Washington Supreme Court Affirms Brightwater Decision Regarding Application of Olympic Steamship to Sureties

By Bart Reed on Posted in Bond Claim, Construction Claims, Construction Litigation
On July 6, 2017, the Washington Supreme Court confirmed that the equitable rule announced in Olympic Steamship—providing for attorney fees where the insurer compels the insured to take legal action—applies to performance bond sureties on public projects.[1]  In King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, the Court affirmed the trial court’s award of over … Continue Reading

WSBA Construction Section Annual Seminar – June 9, 2017

By Bart Reed on Posted in Construction Liens, Construction Litigation, Public Construction Contracting, Statutes of Limitation
On June 9, 2017, my colleague, Karl Oles, and I (both from the Seattle office of Stoel Rives) will present at the annual meeting and seminar for WSBA’s Construction Section, which this year is entitled Washington Statutes Affecting Construction.  This seminar, located at the WSBA Conference Center in Seattle, will feature in-depth discussions regarding important … Continue Reading

“Blurred Lines”: Important Caveats to Consider with Integrated Project Delivery

By Bart Reed on Posted in Construction Contract Interpretation, Construction Contracts, Construction Industry
The shared risk/reward concept of an integrated project delivery (IPD) arrangement is an increasingly attractive collaborative approach to construction projects.  But IPD is still a relatively new concept with unique risks and challenges.  In my recent article for the Daily Journal of Commerce, I discuss some key points that should be considered before undertaking any … Continue Reading

Calling All Owners and Contractors! Pay Attention to Disclosure Statement Requirement to Protect Against or Preserve Lien Claims in Washington

By Bart Reed on Posted in Construction Liens, Liens
Lurking in the depths of the Contractor Registration Act (Chapter 18.27 RCW) is an important statute that has the potential to eviscerate lien rights if not satisfied by contractors furnishing improvements on certain projects in Washington. RCW 18.27.114 requires that contractors working on residential projects or commercial projects of limited scope furnish a Model Disclosure … Continue Reading

Joint Washington/Oregon Construction Law Seminar – November 4, 2016

By Bart Reed on Posted in Construction Claims, Construction Contracts, Construction Liens, Legislation, Licensing, Public Construction Contracting
On November 4, 2016, my colleague, Andrew Gibson (from the Portland office of Stoel Rives), and I will co-chair a joint OSBA/WSBA construction law CLE, entitled Two States of Construction Law: Working in Both Washington and Oregon, located at the Heathman Lodge in Vancouver, Washington. This seminar will include a panel of knowledgeable lawyers with … Continue Reading

“Slip Sliding Away”: Recent Washington Court of Appeals Decision Further Erodes Economic Loss Rule and Expands Independent Duty Doctrine Against Design Professionals

By Bart Reed on Posted in Design Professionals and Claims
On May 3, 2016, Division 2 of the Washington Court of Appeals issued a decision that renders seemingly moribund the economic loss rule and extends the reach of the independent duty doctrine (“IDD”) against design professionals. The case of Pointe at Westport Harbor Homeowners’ Association v. Engineers Northwest, Inc. P.S., 193 Wn. App. 695, — … Continue Reading

KIRO 7 Interviews Joe McCarthy on Pitfalls of Washington Condo Act – Developers Beware!

By Bart Reed on Posted in Construction Claims, Construction Defects, Risk Management
Joseph McCarthy, a real estate attorney in Stoel Rives’ Seattle office, was recently interviewed by television station KIRO 7 in Seattle for a segment titled “Law meant to protect Wash. homeowners instead pushing up condo prices.” The piece discusses how the consumer warranties contained in the Washington Condominium Act, found at Chapter 64.34 RCW, fostered … Continue Reading
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