Architect’s Executed AIA Certificate of Substantial Completion Does Not Conclusively Establish Date of Substantial Completion for Purposes of the California Statute of Repose
Most states, including Washington, have adopted a statute of repose to protect parties to the construction process from indefinite “long tail” liability for construction defects. …
Washington Contractors Should Refrain from Separately Itemizing and Billing Customers for B&O Tax
Construction attorneys rarely encounter state and local tax issues. However, in a recent negotiation over a disputed change proposal, an Owner’s attorney argued that Washington …
King County Prevails on Appeal of $155M Jury Verdict Against Brightwater Tunneling Contractor
The Washington Court of Appeals recently upheld a massive $155,831,471.00 jury verdict in favor of King County against Vinci/Parsons/Frontier Kemper JV (“VPFK”) and its multiple …
Mr. Cohen’s practice, since 1991, has focused on representing construction industry clientele, including contractors, owners, subcontractors, suppliers, public entities, design professionals, and sureties. He has extensive experience in drafting and negotiating construction and design contracts, alternative public procurement agreements (GCCM and Design-Build), guaranteed energy savings agreements, contracting with tribal entities, as well as prosecuting and defending against lien and bond claims, bid protests, preparing FOIA and public disclosure requests, and insurance coverage matters. Mr. Cohen regularly provides consultation on a wide variety of business issues for construction industry clientele including general insurance and bonding matters, obtaining insurance coverage for claims, prevailing wage issues and assisting with critical project documentation involving claims and terminations. Mr. Cohen has litigated construction disputes in state, federal, and appellate courts of the region, and has extensive experience in binding arbitration, mediation, and other alternative dispute resolution proceedings.
Mr. Cohen has been named a Super Lawyer by Washington Law and Politics magazine for the period 2012-2017, has testified before the Washington State Legislature on proposed legislation impacting the construction industry, and regularly presents seminars to attorneys, trade groups and construction professional on construction law topics.
- B.A. Chemistry, University of Virginia, 1984
- J.D, with distinction, Emory University School of Law, 1988
- WSBA Construction Law Seminar
- Associated General Contractors of Washington (Past Chair, Legal Affairs)
- Washington State Conference of Masonry Contractors
- Washington State Bar Association, Construction Section
- Virginia State Bar Association, Construction Section
Publications & Speeches
- Contracting With Public Entities in Washington, Lorman Education Services
- AIA Contracts in Washington, Key Clauses in AIA Document A111 – Guaranteed Maximum Price, Lorman Education Services
- Change Orders in Washington, Lorman Education Services
- Construction Delay Claims in Washington, Lorman Education Services
- Mechanic’s Lien Law and Strategies, National Business Institute
- Advanced Construction Law, National Business Institute
- Strong Construction Contracts, National Business Institute
- Preparation of contract documents for owner/developer on $100M hotel project near Staples Center in Los Angeles.
- Negotiation of facilities management and professional services agreements involving data center projects for local contractor with high profile owners including eBay, Apple, Facebook and the Walt Disney Company.
- Preparation of contract documents and public bid package for small municipality’s convention center.
- Representation of two local Port Districts against construction claims of site work and electrical utility contractors
- Negotiation of construction contracts with tribal entities, including preparation of security agreements, waivers of sovereign immunity, and exclusion of tribal law and jurisdiction.
- Preparation of claim documents and participation in DRB proceedings on behalf of electrical subcontractor with $16M claim on Port of Seattle project.
- Preparation of trade contracts and tenant improvement contracts on $150M hotel and office tower in North Lot of Seahawks Stadium.
- Representation of national tunneling contractor on bid protest involving Sound Transit light rail project.
- Representation of subcontractor with claims on SR 99 tunnel project.
- Prosecution and settlement of subcontractor claims on White River Amphitheatre project.
- Successful arbitration of wrongful termination of demolition/asbestos abatement subcontractor on World Bank renovation in Washington D.C.
- Negotiation of takeover agreement on behalf of school district with surety.
- Prosecution of general contractor’s $17M delay and impact claim on Alaska Museum project.