Professional Service Corporation with Offices in Spokane and Seattle  |  2016 Best Law Firm by US News and World Report
Dunn & Black, P.S. © All Rights Reserved 2015
 
  • Construction Law
  • Business & Commercial
    Litigation
  • Condemnation/Eminent
    Domain
  • Labor & Employment
  • Real Estate Disputes
  • Catastrophic Personal
    Injury & Wrongful Death
Dunn & Black, P.S. is considered one of the leading litigation law firms in the region.  We represent both plaintiffs and defendants in a variety of civil litigation disputes.  The firm has a long track record of obtaining exceptional jury verdicts, arbitration awards, and settlements.  Our lawyers take aggressive and proactive steps in our litigation; making sure each case receives the individual attention required to obtain the proper result. 

The following is a representative list of certain matters the firm has handled over the years.
Representative Construction Law Cases
  • Represented owner in multi-million dollar dispute over construction of power generating facility. Successfully defended owner against delay and impact claims in reaching a mediated settlement.

  • Represented general contractor in dispute over termination of wastewater treatment facility contract. Received multi-million dollar jury verdict for wrongful termination.

  • Represented owner/purchaser against international manufacturer in dispute over defective manufacturing of high voltage insulators. Received multi-million dollar settlement.

  • Represented general contractor in dispute regarding removal and replacement of cracking concrete in highway construction. Achieved multi-million dollar settlement with the Idaho Transportation Department and manufacturer of fly ash additive.

  • Represented surety in resolution of numerous incomplete projects and unresolved subcontractor claims. Successfully achieved settlement of multiple claims involving an insolvent contractor.

  • Represented subcontractor in dispute regarding leaking underground hot water lines for maximum security prison. Successfully defended subcontractor in dealing with multiple insurance carriers for settlement of a multi-million dollar defective work claim without any payment by subcontractor.

  • Represented subcontractor in dispute regarding extra work and paint failure on the Aloha Stadium Facility in Honolulu, Hawaii. Received significant arbitration award against general contractor and successfully defended claims by the State against subcontractor with no payment from subcontractor.

  • Represented subcontractor on pass-through claim against the General Services Administration on claims involving extra work and delay in construction of GSA office facility. Negotiated successful resolution of multiple claim items with the U.S. Attorneys General's Office.

  • Represented general contractor in dispute regarding delay and impact claim for high school construction. Received multi-million settlement in mediation.

  • Represented general contractor in dispute regarding extra work and delay in construction of a hangar facility in Fairbanks, Alaska. Received verdict of liability by Board of Contract Appeals against Corps of Engineers and successfully negotiated settlement of damages.

  • Represented developer in dispute regarding workmanship on a condominium facility in San Diego, California. Successfully recovered full compensation for developer for the cost of repair.

  • Represented general contractor in dispute regarding defective bolts installed on tied arch bridge. Successfully defended contractor against claims by the State of Idaho for defective construction and recovered the cost of correction from bolt suppliers and their insurance carriers.

  • Represented general contractor in dispute for termination expense, extra work, and delay during construction of a condominium facility in Montana. Received multi-million dollar settlement.

  • Represented general contractor in termination claim involving the federal government on environmental remediation project. Successfully recovered full termination expense from the government in a negotiated settlement.

  • Represented general contractor on an $8 million claim for extras involving a convention center project. Achieved a multi-million dollar negotiated settlement.

  • Represented several subcontractors in delay and impact claim involving museum project. Achieved successful settlement of claims by multiple subcontractors on claims involving owner and general contractor.

  • Represented general contractor in dispute regarding water and mold damage in a hotel located in Reno, Nevada. Successfully negotiated settlement of owner's claims with multiple insurance carriers and received Court award against subcontractor for the failure to provide a defense against claims from owner and successfully recovered client's attorney fees incurred in defense of those claims.

  • Represented general contractor and subcontractor in multi-million dollar delay and impact claims on a major gas pipeline project in Utah. Negotiated multi-million dollar settlement with owner and contractor.

  • Represented subcontractor on a collapse of an underwater fish bypass system to receive full compensation for the cost of rebuild of the structure, which involved multiple insurance carriers. Successfully negotiated settlement of $18 million defective work claims involving multiple insurance carriers with full compensation to client. Bad faith action against carrier resulted in reimbursement of attorney fees incurred by contractor.

  • Represented general contractor in litigation against a professional testing agency over inspection of defective welds on a dam project. Successfully negotiated settlement of claims in favor of contractor.

  • Represented general contractor in litigation involving defective sports flooring in a multipurpose sports facility. Successfully negotiated resolution of claims including manufacturer and multiple insurance carriers.

  • Represented owner and general contractor in litigation involving defective operating room floors in a major hospital project. Successfully recovered full cost of repair for owner and contractor.

  • Represented general contractor in claims with the Corps of Engineers involving submersible ballasting structure for a dam project. Successfully defended against defective work claims and achieved a negotiated settlement reimbursing contractor for added work costs.

  • Represented owner/developer on defective work claims involving apartment/condominium project. Achieved full resolution of defective work claims with reimbursement to developer for the cost of repair.

  • Represented general contractor in defending against multi-million dollar defective work claims and recovered $1.5 million withheld by owner.

  • Represented general contractor in defending against multi-million dollar defective work claims and received arbitration award in excess of $1.5 million against owner.

  • Represented owner/developer on multiple claims arising out of construction of a hotel facility in Seattle, Washington. Successfully negotiated settlement of multiple claims involving subcontractors and business partners.
  • Represented owner/developer on lender liability litigation involving construction of a hotel facility.

  • Represented owners/developers in complex real estate litigation involving development of several development projects. Successfully negotiated settlement of multiple projects involving fraudulent conveyances and real estate transactions.

  • Represented general contractor on MSHA violations involving mining operations. Litigated federal administrative law case with verdict in favor of contractor.

  • Represented general contractor on MSHA violations arising out of wrongful death action in blasting operations on highway project. Successfully defended contractor to achieve no violations result.

  • Represented contractor on OSHA/WISHA violations involving significant injury in industrial facility. Successfully defended contractor in achieving finding of no responsibility for the contractor as employer.

  • Represented contractor on OSHA/WISHA violations arising out of wrongful death resulting from a roofing failure. Achieved successful result on the part of the employer finding no responsibility on contractor's part. Represented contractor on litigation involving multiple mechanics' liens and issues of lien priority between lenders and contractors on large commercial contract with defaulted developer. Successfully recovered payment on behalf of client.

  • Represented general contractor in lien foreclosure action against developer of hotel project and multiple subcontractors involving claims for defective work, and extra work. Successfully litigated case to a verdict in favor of contractor achieving full compensation to contractor for work performed.

  • Represented general contractor and multiple subcontractors on lien foreclosure action involving a public/private project to operate a racing facility. Lien foreclosure action involved complex issues involving liens on public projects and achieved full compensation to contractors through negotiations with the public agency.
Representative Business Litigation Cases
  • Wrongful default termination of contractor and defamation against construction company owner. Successfully represented the Plaintiffs resulting in a jury verdict in favor of Plaintiffs for $795,000. Verdict upheld on appeal.

  • Dispute by heirs over property of deceased. 1-week trial. Represented Defendant grandmother against estate of son being administered by her grandchildren. Jury verdict returned in favor of Plaintiff estate for amount less than requested.

  • Wrongful default termination of contractor causing destruction of construction company business. Represented the Plaintiff. Jury verdict in favor of Plaintiff of $2.8 million. Verdict upheld by 9th Circuit Court of Appeals.

  • In a breach of Personal Services Contract, we represented the Plaintiff. After a lengthy trial, a $6.5 million jury verdict was rendered for the Plaintiff. After appeal, the total judgment that was paid to the Plaintiff exceeded $9 million.

  • Business dispute between LLC members. Represented several LLC members against defaulting members and organizer for fraud in the inducement for sale of membership shares. Successfully negotiated resolution of dispute with termination of defaulting members and recovery of investments from organizer.

  • Business sale dispute. Represented Defendant/Third Party Plaintiff, a business seller who was sued by the purchaser for rescission. Seller counterclaimed for sale price owed. Judgment in favor of seller for money damages owed.

  • Wrongful termination for default. Represented Plaintiff seeking compensation from the government. Determination made that Plaintiff was entitled to an award. Subsequent to trial, settlement was negotiated.

  • MSHA was seeking to compel mine operator to construct over $1 million worth of unsafe guardrail. Represented the mine operator against the United States. Judgment returned in favor of Defendant mine operator.
  • ERISA Claim by employee against ESOP Trustee for breach of fiduciary duties. 4-day bench trial. Represented Defendant. Defense verdict.

  • Toxic Control Act liability allocation for PCB contamination. Represented the Plaintiff purchaser of contaminated property. 75% liability allocation to Defendants.

  • Enforcement of Attorney Fee Agreement. Total judgment: $2.4 million awarded to the attorney client.

  • Construction Dispute - $16 million claim by Owner. $1.5 million counterclaim by contractor for payment. Total Net Award: $1.1 million for contractor client, and was the prevailing party on owner claim.

  • In a breach of Personal Services Contract, we represented the Plaintiff. After a lengthy trial, a $6.5 million jury verdict was rendered for the Plaintiff. After appeal, the total judgment that was paid to the Plaintiff exceeded $9 million.

  • Development agreement dispute with municipality, we represented the developer. After a two week jury trial the developer was awarded a jury verdict of $3,000,000. The verdict was upheld by the Court of Appeals.

  • Business dispute between LLC members. Represented several LLC members against defaulting members and organizer for fraud in the inducement for sale of membership shares. Successfully negotiated resolution of dispute with termination of defaulting members and recovery of investments from organizer.

  • Business sale dispute. Represented Defendant/Third Party Plaintiff, a business seller who was sued by the purchaser for rescission. Seller counterclaimed for sale price owed. Judgment in favor of seller for money damages owed.

  • Wrongful termination for default. Represented Plaintiff seeking compensation from the government. Determination made that Plaintiff was entitled to an award. Subsequent to trial, settlement was negotiated.

  • MSHA was seeking to compel mine operator to construct over $1 million worth of unsafe guardrail. Represented the mine operator against the United States. Judgment returned in favor of Defendant mine operator.

  • ERISA Claim by employee against ESOP Trustee for breach of fiduciary duties. 4-day bench trial. Represented Defendant. Defense verdict.

  • Toxic Control Act liability allocation for PCB contamination. Represented the Plaintiff purchaser of contaminated property. 75% liability allocation to Defendants.

  • Enforcement of Attorney Fee Agreement. Total judgment: $2.4 million awarded to the attorney client.

  • Construction Dispute. $16 million claimed by owner. $1.5 million counterclaim by contractor for payment. Total net award: $1.1 million for contractor client and was the prevailing party on owner claim.
Representative Condemnation/Eminent Domain Matters

      JURY VERDICTS
  • Represented the condemnee in a WSDOT condemnation case for the taking of gravel reserves. WSDOT offered $35,000. The jury awarded $3,500,000.

  • Represented the condemnee in a WSDOT inverse condemnation case for State's take of property access. Jury verdict in favor of condemnee. No offer. Total judgment: $565,000. Also, through administrative hearings, obtained relocation assistance for the business of $332,000.

  • Represented the condemnee that operated a business on site, in a WSDOT condemnation of private property. Jury verdict for the condemnee. Total Judgment: $473,000.

  • Represented the condemnee that operated a business on site, in a WSDOT condemnation of private property. Jury verdict for the condemnee. Total judgment: $366,000.

  • Represented the condemnee in a City of Spokane condemnation of private property for roadway project for partial taking of property being held for development. Jury verdict for the condemnee. Total judgment: $307,918.

  • Represented a gas transmission company as the condemnor seeking a natural gas pipeline right-of-way. Successfully obtained a jury verdict which was returned for less than condemnor's offer.

  • WSDOT condemnation of private property. Represented the condemnee leaseholder of property condemned by the State for the North/South Freeway Project. Jury verdict was returned for the condemnees for $3.5 million, plus attorney fees and costs, on original offer of approximately $35,000.

      EXAMPLES OF SETTLEMENTS PRIOR TO TRIAL
  • Settled with WSDOT (State) on behalf of estate that owned commercial property in Spokane.

  • Settled with the WSDOT (State) on behalf of business that owned commercial property in Kennewick, Washington.

  • Settled with Seattle Monorail Project on behalf of business owner following condemnation being abandoned.

  • Settled with City of Spokane on behalf of business being impacted by bridge project.

  • Settled inverse condemnation case alleging the warehousing of property with WSDOT (State) on behalf of business owner.
Representative Labor & Employment Law Cases
  • Handicap discrimination case involving firefighter applicant. Successfully represented the Plaintiff at trial resulting in a money settlement negotiated at close of Defendant's case on Plaintiff's Motion for Directed Verdict, as well as negotiated placement of Plaintiff as firefighter.

  • Successfully defended a healthcare corporation against a wage and hour class action where unpaid overtime was being claimed.

  • Represented a substantial class action wage and hour employment case for failure to pay meal and rest breaks. Trial resulted in a jury verdict for the class members. Total judgment: $595,000.

  • Defended claim of convenience stores in a wage and hour employment case claiming a class was paid improper wages and overtime. Plaintiff's Motion to Proceed as a Class Action was denied.

  • A former employee sued a major construction firm for wrongful termination and discrimination. We successfully represented the Defendant construction company resulting in a defense verdict.

  • A handicap discrimination/retaliation case against one of the state's largest employers (Boeing) was brought on behalf of the Plaintiff. The trial resulted in a $1,007,000 jury verdict for the Plaintiff. The Defendants appealed to the Washington Supreme Court and lost resulting in a total Judgment exceeding $3 million.

  • Have represented, advised and defended several local companies against claims of sexual harassment and other types of discrimination.

  • Represented an African-American against a major car wash company for racial discrimination, hostile work environment, and retaliation where there was no wage loss. Bench trial resulted in a $115,000 emotional distress award plus attorney fees and a 0.5% Lodestar multiplier.

  • Disability discrimination/retaliation case against a large west coast information technologies (IT) company. Successfully represented the Plaintiff and negotiated a money settlement prior to trial.

  • Sexual harassment/discrimination case against a prominent architectural firm. Successfully negotiated a monetary settlement for the Plaintiff prior to trial.
Representative Real Estate Disputes
  • Represented Plaintiffs in Lincoln County, Washington in a quiet title action involving the issues of adverse possession and laches. Successfully quieted title in favor of our clients to the disputed portion of property on a Motion for Summary Judgment.

  • Represented a would-be purchaser of real property in Grant County, Washington intended for residential development in a case involving claims of breach of real estate purchase and sale agreement and rescission/restitution. Prevailed on summary judgment in rescinding the disputed purchase and sale agreement.

  • Represented land owner in Kootenai County, Idaho through multiple phases of the permitting process before the county at all agency levels and District Court for a permit to operate an asphalt batch. Successfully obtained the special notice permit from County Commissioners and defended multiple petitions to for review to the District Court and Idaho Supreme Court.

  • Represented land owner and developer of a major residential development in Post Falls, Idaho regarding the City Council's arbitrary and capricious annexation denial. Successfully negotiated the annexation of the developer's project into the City of Post Falls.

  • Representing land owner in Stevens County, Washington regarding a quiet title action involving claims of boundary line alteration by common grantor and/or mutual recognition and acquiescence.

  • Represented land owner in Spokane County, Washington in an easement dispute. Successfully resolved the dispute via mediation in relocating the easement and obtaining monetary judgment for client.

  • Advised and represented a developer in a breach of covenants, reciprocal easement, and restriction against a Fortune 500 company regarding a large shopping center development and our client's own out-parcels. This resulted in a favorable settlement through mediation.

  • Represented commercial landlord in a breach of lease action for waste and non-payment. Resulted in an eviction and monetary settlement.

  • Represented landowners in successfully preventing an easement across their property from being expanded to support a 300-acre development. The Court's verdict was upheld at the Court of Appeals, Division III.
Representative Personal Injury Cases:
  • A wrongful death was caused by electrocution. Represented the deceased Plaintiff's estate, wife and three children. The trial resulted in a substantial jury verdict in favor of the Plaintiffs.

  • Personal injury/crop damage/property destruction was caused by toxic air pollutants from a large manufacturing plant. Represented the Plaintiff and negotiated a money settlement for the Plaintiff at close of Plaintiff's case.

  • Personal injury/crop damage/property destruction caused by toxic air pollutants from nearby manufacturing plant. Represented multiple Plaintiffs resulting in jury verdicts in favor of the Plaintiffs.

  • Personal injury and property destruction was caused by the negligence of the Newport City Utilities Department pumping raw sewage into Plaintiff's home. Represented the Plaintiff which resulted in a jury verdict in favor of the Plaintiff.

  • Personal injuries caused by toxic air emissions. Represented the Plaintiff. The trial ended in a hung jury, rescheduled, but the case was ultimately settled before the second trial commenced.

  • Severe personal injuries caused by an auto accident. Successfully represented the Plaintiff resulting in a jury verdict returned in favor of the Plaintiff.

  • Significant crop damage and emotional distress caused by flooding from Spokane County-operated water system at Newman Lake. Successfully represented the Plaintiff resulting in a jury verdict in favor of Plaintiffs.

  • A medical malpractice action against a chiropractor for negligent manipulation. Represented the Defendant and the verdict was returned for Plaintiff for less than demand.

  • A medical malpractice action against Defendant psychiatrist for sexual molestation during course of treatment and against the admitting hospital. Represented the Plaintiff who was a former patient of the Defendants. Settlement against Defendant psychiatrist at close of Plaintiff's case with a jury verdict returned against Defendant Hospital for negligent supervision/hiring.