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Construction Contracting

Our lawyers are familiar with virtually every type of construction project, having advised clients regarding public administration, buildings, industrial facilities, power plants, hospitals, schools, bridges, roads, docks, high rise office towers, wastewater treatment systems, warehouses, apartments, condominiums, and single family residences. Our experience includes representing private owners, contractors, subcontractors, and suppliers in all phases of contracting work.

With many years of experience working for and with governmental entities to prepare the various agreements governing public construction projects, we also have significant expertise in public construction contracting, including public bidding requirements (and the important exceptions to those requirements), payment and performance bonds, prevailing wage rules, and all the other rules and regulations unique to public construction contracting.

We have a considerable amount of experience in assisting public entities with the opportunities available to them under the revised Alternative Public Works statutes. The design/build and general contractor/construction manager ("GC/CM") contract procedures authorized under these statutes offer many new opportunities for public entities to obtain the advantages of these contract delivery systems over the design/bid/build procedures. Our lawyers have represented clients before the Capital Projects Advisory Review Board in a variety of situations, including assisting a public hospital district in a successful second application for CPARB approval for a project not approved when the district tried to do it without Foster Pepper's assistance. Once CPARB granted its approval of the district's remodel and expansion project, Foster Pepper negotiated the GC/CM contract with one of the world's largest contractors, selected as the GC/CM for the project. On behalf of a joint venture between an educational service district and a housing authority, Foster Pepper obtained CPARB approval for a GC/CM project for an early learning center. We are currently assisting another housing district to obtain CPARB approval for an 83 acre redevelopment project in Kitsap County.