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Areas of Practice
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Representative Experience
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Professional/Civic Activities
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Speaking Engagements
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Court Admissions
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Bar Admissions
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Education
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Achievements
Areas of Practice
Mr. Franklin focuses his practice on construction law consulting and litigation, general business litigation and school districts work. Despite his focus on owner representation, principally public entities, private owners, developers and school districts; Mr. Franklin has also represented architects, engineers, general contractors and subcontractors in countless construction disputes. The disputes have involved school projects, public facilities, commercial buildings, bridges, landslides, docks, underground utilities, condominiums and private homes. He has developed and prepared project specific and master form contracts for, and assisted in the negotiations of, hundreds of contracts and agreements between owners, contractors, architects, engineers and consultants. He previously served as chair of the litigation department at Preston Gates & Ellis LLP.
Publications
- Washington Civil Procedure Deskbook, Chapters 3, 4, 4.1 (2002) and 2006 Supplement.
- Co–author, Washington State Chapter of A State–By–State Guide to Construction & Design Law, Construction and Design Law Committee, ABA Section of Real Property, Probate and Trust Law, 1998, and its Second Edition, 2009.
Representative Experience
- Balaton Condominium Association v. Balaton Condominium, LLC, et al. King County Cause No. 07-2-14061-1 SEA (jury trial; June 2010), successful resolution of construction defect claims asserted by condominium homeowners association against owner/developer following conversion of apartment complex.
- Tacoma School District No. 10 adv. Eastwood Environmental Inc, Pierce County Cause No. 05-2-14065-303-2-03699-0 (Dec. 2006), successful resolution through mediation of claims asserted by asbestos abatement subcontractor and general contractor on school remodel project.
- Cowlitz County PUD adv. Kiewit Pacific Co., U.S. District Court, W.D. Washington, Cause No. 3: 06-cv-05274 RJB (Dec. 2006), successful resolution through mediation of $14M in claims asserted by general contractor on hydroelectric power generation facility.
- Commons at Issaquah, Inc adv. Ross Stores, Inc., King County Cause No. 04-2-13481-1 (bench trial; Nov. 2005), successful defense of claim for breach of contract lease and recovery of attorneys’ fees.
- Mukilteo School District No. 6 adv. Wise Miller Architects, PLLC, Cause No. 04-2-06864-7 (bench trial; Feb. 2005), successful defense of claim for additional compensation asserted by architect on school project.
- Fort Lewis Communities LLC adv. Arrow Environmental, Cause No. 03 2 11879 1 (Sept. 2004), successful resolution of claims asserted by general contractor on military housing project on Ft. Lewis Military base following favorable summary judgment.
- Tacoma School District No. 10 adv. United Pacific Structures, Inc, Cause No. 03-2-03699-0 (April 2004), successful resolution through mediation of claims asserted by general contractor on school remodel project following a favorable summary judgment.
- First Pacific Development, LTD. adv. Fairfield Developments, Inc. & M Hathaway, Cause No. 02-2-02959-1 (bench trial; Oct. 2003), successful defense resolution of claim for $1M asserted by lender against condominium developer.
- CMA CGM SA \ CMA CGM (America) adv. SSA Terminals, LLC, U.S. District Court, W.D. Washington, Cause No. C02-978P (Dec. 2002), successful defense of claim for $24M asserted by operator of commercial ports (complete dismissal of claims).
- Honolua Holdings, Inc. adv. Tom Rosenquist, No. Civil No. 00-1-0200(3) (Jan. 2003), successful resolution through mediation of claim of breach of contract for purchase and sale of 75 acres in Kapalua, Maui, HI.
- American Samoa adv. Power Authority McConnell Dowell, Ltd. (May 2002), successful resolution through mediation of $3.5M claim against American Samoa Government by New Zealand electrical contractor on rural power distribution system.
Professional/Civic Activities
- Board Member, King County Sexual Assault Resource Center
- Board Trustee, Board of Rowing Stewards, University of Washington
- Allied Member, American Institute of Architect
- Associate Member, Associated Builders and Contractors, Western Washington Chapter
- Member, Associated Builders and Construction, Inc. of Western Washington
Speaking Engagements
- "Annual Construction Law Update," February 19, 2010, Seattle, WA
- "Public Contracts and Procurement Regulations," October 3, 2006 and October 26, 2007, Anchorage, AK
- "International Arbitration: Managing Cross-Culture Factors," October 4-5, 2007, San Francisco, CA
- "Strong Construction Contracts: Your Foundation for Payment," May 7, 2007, Seattle, WA
- "Analyzing, Pursuing and Resolving Construction Claims in Washington," December 16, 2005, Seattle, WA
- "Tricks, Traps and Ploys Used in Construction Scheduling in Washington," November 7, 2004, Seattle, WA
- "Analyzing, Pursuing and Resolving Construction Claims in Washington," April 20, 2004, Seattle, WA
- "Developing, Implementing and Analyzing Construction Scheduling in Washington," April 29, 2004, Tacoma, WA
Court Admissions
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Idaho
- U.S. District Court for the Western District of Washington
- U.S. District Court for the Eastern District of Washington
Bar Admissions
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Bar of Alaska
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Bar of Colorado
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Bar of Idaho
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Bar of Oregon
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Bar of Washington
Education
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J.D.,
Seattle University School of Law
(1983)
President Student Bar Association
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B.A.,
University of Washington
(1978)
Economics, Grand Challenge Cup, Henley Royal Regatta, Henley, England 1977 and UW Husky Hall of Fame, Rowing 1999
Achievements
Washington Law & Politics has identified Mr. Franklin as a "Super Lawyer" from 2005 to 2011, inclusive. Mr. Franklin is listed in The Best Lawyers in America, Construction Law 2007 through 2010 editions and will be listed in the 2011 edition.
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