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  |  Meeting Minutes  |  Newsletters

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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

Application Portal for Executive Committee Elections Open!

Election season is here! If you are interested in applying to serve on your section's executive committee, head over to the Construction Law Section Election Page to see a list of open positions and how to apply.

If you have any questions, please email sections@wsba.org.

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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 2025

Visit the Newsletters page to read past issues.

Archived issues are available to section members upon request. To request an issue, please email sections@wsba.org.

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Executive Committee

Committee Chairs

Executive Committee Meetings

The WSBA Construction Law Section Executive Committee generally conducts meetings on the second Wednesday of each month, from noon-1 p.m. Meetings are hosted on Zoom and are open to all section members and members of the public.

Join the Zoom Meeting!

Or you may attend by phone: 253-215-8782  |  Meeting ID: 812 5830 6719  |  Passcode: 704802

Please contact committee members for more details on their upcoming meeting dates and locations. Visit the Meeting Agendas page for topics to be discussed at the next meeting, and the Meeting Minutes page to see minutes from previous meetings.

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 Seth Millstein.

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