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Cydney Fermstad

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Direct Dial: 206-388-1883

Recent Articles

Government Contracts

Veterans Day – Thank You for Your Service

Happy Veterans Day[1] to our country’s servicemembers past and present!  ACS would like to express its deepest gratitude and respect in saying thank you to …

Department of Labor & Industries

Supreme Court Holds That Prevailing Wage Statute is Constitutional

The Supreme Court recently held[1] that Senate Bill 5493 (“SSB 5493”), which alters the method for how the Washington State Department of Labor and Industries’ …

Department of Labor & Industries

Avoid L&I Violations by Following Appropriate Safety Procedures – Reeya Patel

Department of Labor and Industries of the State of Washington v. Roof Doctor, Inc. d/b/a Roof Doctors, Inc. of Tacoma (Unpublished opinion) Roof Doctor, a …

Cydney joined the firm in 2015 as a Legal Assistant, then transitioned to Paralegal in 2016. She has experience preparing and responding to discovery requests, legal documents, and correspondence, and managing cases in various courts, as well as in mediation and trials. She is proficient in electronic discovery, including document collection and preparation, review and production.

  • Paralegal Certificate – University of Washington, 2016
  • B.A. in Human Services – Western Washington University, 2013
  • Integral part of the team for national general contractor client in complex litigation on the Nexus high-rise condominium project. ACS brought claims against the Owner for foreclosure of its construction lien, breach of contract, breach of duty of good faith and fair dealing, and quantum meruit. Contractor’s claims were in excess of $20M, including compensation for 187 unresolved change issues, time extensions and compensation for excusable delays, recovery of additional and expanded general conditions and general requirements, and pass through of discrete subcontractor claims. Owner withheld compensation of contract balance and brought numerous counterclaims seeking recovery of liquidated damages in excess of $4M, as well as other contract and tort-based damages. We successfully dismissed Owner’s tort claims and limited Owner’s recovery through summary judgment motions prior to trial. Notably, we used key contract provisions to obtain a ruling prior to trial that Owner could not assess liquidated damages for periods of insured delay. The case was tried virtually for 7 weeks/28 trial days before a 12-person King County Superior Court jury, which awarded our general contractor client 97% of its claimed damages and rejected 93% of the Owner’s damages. The jury found that the Owner breached the contract and the duty of good faith and fair dealing and that quantum meruit was proven. Post-trial, we obtained judgment on the jury verdict , foreclosed the lien, and obtained an award for our client’s attorneys’ fees, costs and expert expenses resulting in a final judgment against the Owner in excess of $30M. Due to our timely recording a lien in advance of any unit closings and resulting bonding of the lien for all sold units, the judgment was promptly collected from the lien release bond surety and Owner pending the Owner’s appeal of the judgment. ACS will defend the massive jury award through appeal.
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