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.
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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 ProgramsDeskbooksForms Available Online | Lunch With LawyersNewslettersExecutive Committee |
Congratulations, Incoming Executive Committee Members!
Below are the results of the Construction Law Section Executive Committee election. Thank you for voting!
For more information about the Section and its executive committee roles, please review the Section's bylaws. Winners are listed alphabetically by position.
Vice Chair: one-year position beginning Oct. 1, 2023, and ending Sept. 30, 2024.
Secretary: one-year position beginning Oct. 1, 2023, and ending Sept. 30, 2024.
Treasurer: one-year position beginning Oct. 1, 2023, and ending Sept. 30, 2024.
At-Large Member: remainder of current term ending Sept. 30, 2025.
At-Large Member: three-year position beginning Oct. 1, 2023, and ending Sept. 30, 2026.
Questions? Contact sections@wsba.org.
Upcoming Programs
New programs coming soon!
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.
Subscribe to the online version.
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.
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
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.
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.
Executive Committee
Chair: Jennifer Beyerlein (2022–2023) Chair-Elect: Bart Reed (2022–2023) Vice-Chair: Seth Millstein (2022–2023) Secretary: Allison Murphy (2022–2023) Treasurer: Elizabeth (Ellie) Perka (2022–2023) Immediate Past Chair: Colm Nelson (2022–2023) Past Chair: Brett Hill (2022–2023) Board of Governors Liaison*: Kevin Fay (2022–2023) and Serena Sayani (2022–2023) Young Lawyer Liaison*: Travis Colburn (2021–2023) Lifetime Achievement Award Committee: Todd Henry, Seth Millstein, Ellie Perka, Bart Reed CLE Committee: Elections Committee: Todd Henry, Colm Nelson, Seth Millstein Previous Past Chairs* Alan B. Bornstein (2004-2005) * Nonvoting member
| At-Large Members Term ending 2023 Term ending 2024 Term ending 2025 Legislative Committee: Jennifer Beyerlein, Bryce Sinner Diversity, Equity, and Inclusion Committee: Masaki Yamada, Geoff Palachuk Social Event Committee: Travis Colburn, Erin Varriano Law School Outreach / Lunch with Lawyers: Masaki Yamada, Colm Nelson, Ellie Perka, Jonathan Schirmer, Seth Millstein, Travis Colburn Newsletter Committee: Colm Nelson, Evan Brown
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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 Jennifer Beyerlein.
