product

Justin Baker, PE, CEM, ACG CxA, EBCP, LEED® AP is the managing director for Lilker
Energy Solutions, a company that focuses on helping new and existing buildings improve
their energy efficiency, reduce their carbon footprint, and create healthy and comfortable
indoor environments. Mr. Baker is a professional engineer in multiple states including
New York, is a Certified Energy Manager, a Certified Commissioning Authority, an Existing
Buildings Commissioning Professional, and a LEED AP. Mr. Baker has saved clients over
$100M in energy costs over the last 13 years in the industry. He has worked across all
market sectors and has conducted energy efficiency projects in every state within the US
which include the Pentagon, U.S. Capitol Visitor Center, Hudson Yards, as well as EPA labs,
military bases, and hotels nationwide. Mr. Baker has used energy modeling, energy audits,
retro-commissioning, and commissioning to help his clients reduce energy usage while still
delivering healthy, comfortable, and reliable spaces to live and work.

Alexis Saba is an associate at the environmental and energy law firm of Sive, Paget & Riesel.
She focuses her practice on both cutting-edge and traditional environmental law matters—
from advising clients on energy efficiency and climate resiliency planning to facilitating
brownfields remediation and waterfront permitting. Alexis is a frequent speaker on NYC’s
Climate Mobilization Act and is collaborating with stakeholders in the real estate industry to
identify implementation challenges and develop creative, adaptive compliance strategies that
suit clients’ business needs.

Daniel A. Spitzer concentrates his practice on issues involving environmental law, renewable energy, sustainable development, land use law, municipal law, and real estate development. His practice involves numerous renewable energy projects, including representing municipalities, developers, land owners, and financing entities. His work includes some of the largest wind farms in the eastern United States; multiple utility and small-scale solar projects; and landfill, gas-to-energy, biomass, storage, transmission, and energy efficiency projects. A primary part of his work focuses on National Environmental Policy Act (NEPA) and State Environmental Quality Review Act (SEQRA) review and compliance with federal and state environmental statutes. His work includes environmental assessments for large-scale telecommunications projects, infrastructure projects and power generation projects. He counsels agencies and private clients on compliance with historic preservation laws, the Clean Water Act, the Clean Air Act, and other federal environmental statutes and regulations. His practice also includes work in areas concerning the valuation of property. He represents property owners and municipalities in condemnation proceedings and tax assessment challenges, from the initial filing of claims, all the way through to trial. His clients include municipal redevelopment agencies, developers, and taxpayers throughout New York State.

Marc Zuluaga, PE is the chief executive officer at Steven Winter Associates (SWA). He has
directed energy audits on over 20 million square feet of existing buildings and leads a team
committed to applying a rigorous technical approach to the evaluation and implementation
of a wide range of building upgrades. He is also the project manager for the Deutsche Bank
/ Living Cities Energy Efficiency Data Report Project. Within the new construction sector,
he has overseen SWA’s high-performance design and commissioning services for Dunn
Developments Martin Luther King Apartments, the first high-rise multifamily ENERGY STAR®
building in the country. Since the completion of this building in 2006, he has worked with
Dunn Development, Phipps Houses and other major NYC developers to continuously evaluate
and refine efficiency strategies, building on previous successes. He has led many successful
research initiatives that have been grounded in the real world challenges and opportunities
uncovered in SWA’s day-to-day work for clients. Most notably, he has worked since 2005 to
pioneer a retrofit approach to central exhaust ventilation systems in multifamily buildings,
working openly and collaboratively with practitioners across the country. More recently, in
research sponsored by the Urban Green Council, he acted as the team leader on a project to
quantify the winter heat loss due to air leakage around window and sleeve air conditioners
in NYC. He has also provided technical input to inform various policy initiatives; in 2010,
he served on the NYC Green Codes Task Force that was convened by the Mayor’s Office to
recommend green changes to the laws and regulations affecting buildings in New York.

Dr. Dawson recently retired as the Associate Vice President for Administrative Operations at Texas A&M University – Corpus Christi where he oversaw facility operations, maintenance, grounds, custodial, and planning and construction as well as Environmental Health and Safety (EHS) for the “Island” campus. His experience spans federal, state, county and local municipality projects including the Federal Aviation Administration (FAA), General Services Administration (GSA), Department of Justice (DOJ), Immigration and Customs Enforcement (ICE), and Department of Defense (DoD) including the Naval Construction Battalion’s at Gulfport and Port Hueneme, Seabees, Navy Civil Engineer Corp, Army Corps of Engineers, Air Force Civil Engineers and RED HORSE units, in addition to higher education with the Texas A&M University System (TAMUS) University of North Texas System (UNTS) and Tarrant County College District (TCCD). Dr. Dawson has more than 38 years’ experience in urban planning, developmental programming, building and infrastructure design, construction and program management for a wide variety of capital investment programs and unique environments. He is a retired Air Force Civil Engineering officer with experience in the design and construction of numerous facilities supporting major weapon systems and the U.S. electronic security and space programs world-wide. Dr. Dawson is a registered architect in the State of Texas and a certified city planner. He is also a U.S. Green Building Institute Leadership in Energy and Environmental Design (LEED) Accredited Professional (AP) with experience in numerous sustainable projects. He has specialized mediation and disputes resolution training and experience directly related to the design and construction industry, successfully resolving construction claims based on errors and omissions, defective product or workmanships, scheduling deviations or Acts-of-God. Additional skills include preparation of specifications, bidding and construction plans, cost estimates, and bidding services related to federal and state contract requirements and processes.

Mr. Ducran is senior counsel in Peckar & Abramson’s Houston office. A board-certified construction lawyer and registered architect, he focuses primarily on construction industry transactions, litigation, arbitration and risk management. Mr. Ducran works closely with owners, architects, contractors and subcontractors to provide practical counsel regarding the avoidance and resolution of disputes on construction projects. He offers extensive industry experience in preparing and negotiating contracts, as well as litigation, arbitration and mediation of construction disputes. Prior to joining Peckar & Abramson, Mr. Ducran served as vice president and general counsel of an ENR 400 general contractor. During his six year tenure, the firm significantly reduced overall litigation and arbitration matters, in large part, by handling the majority of matters in-house. Mr. Ducran is a registered architect who practiced architecture in Houston prior to beginning his career in construction law. He is an Industry Advisory Board member at the University of Houston’s Department of Construction Management, where he also teaches Construction Law and Ethics in both Fall and Spring semesters.

Drew Duggan, Attorney at Miller Nash Graham & Dunn, LLP

Mr. Duggan is a litigator with the Miller Nash Graham & Dunn construction and real estate teams. He helps corporate and individual clients in commercial and residential real estate disputes, commercial leasing matters, and construction disputes of all sizes. Mr. Duggan knows that when problems arise with a project or a property, clients most often want the fastest solution to get their business back on track. In addition to his real estate and construction practice, Mr. Duggan also litigates a variety of maritime and admiralty claims. He has extensive courtroom experience, having tried multiple civil and criminal, jury and bench trials.

Natalya Maze, Attorney at Maze Law Group, PLLC

Ms. Maze is the founder and managing partner of Maze Law Group, PLLC. Her practice involves both transactional and litigation matters. She finds that her courtroom experience is valuable when advising clients on deals and contract terms. Over the last decade, Ms. Maze has helped countless design and construction clients—from owners and architects to contractors, subcontractors and everyone in between—with a wide-range of design and construction-related disputes involving insurance, professional and general liability claims, residential and commercial disputes, contract negotiations, mediation, arbitration and trial.

Attorney at PMK Legal, PLLC

Patrick McKenna has a law practice that includes a focus on construction and contract law, from transactional work to ligation, helping everyone from owners to subcontractors. He is a graduate of the University of Washington School of Law.

Attorney at Pillar Law, PLLC

Mr. Millstein practices law all across Washington handling a range of litigation matters, with an emphasis on real estate and construction law. He earned his B.A. in English from Tufts University and his J.D. from the University of Oregon School of Law in 2002. He is admitted to practice in Washington, and Oregon.

Attorney at Miller Nash Graham & Dunn, LLP

Ms. Mount is a member of the firm’s litigation group who brings diligence, value, and commitment to our clients. She advocates for commercial policyholders in insurance coverage disputes and has assisted policyholders seeking recovery of insurance benefits from Commercial General Liability (CGL), Property, and Builder’s Risk policies. Ms. Mount is well versed in insurance bad faith claims and Washington’s Insurance Fair Conduct Act. She assists our construction clients in a variety of disputes, including lien, contract, and tort, and post-judgment claims, focusing on efficiency and cost-effective representation. Carrie is also experienced in general commercial litigation, including working with financial services, maritime, and eminent domain clients.

Tara O’Hanlon

Partner at Miller Nash LLP

Ms. O’Hanlon represents municipal agencies and property owners in their eminent domain/condemnation acquisitions. She has successfully tried numerous multimillion-dollar cases, including obtaining successful verdicts in several of Washington’s largest eminent domain decisions. Ms. O’Hanlon is regularly asked to present and publishes on eminent domain law and her successful cases. She also counsels clients over the life of their construction or real estate acquisition projects, from drafting and negotiating comprehensive and practical contracts to finding creative solutions for early and efficient resolution of disputes. If litigation cannot be avoided, Ms. O’Hanlon has an extensive and successful track record trying and arbitrating cases and will see a matter through to a final resolution. She represents all segments of the design and construction industry, including owners, general contractors, subcontractors, suppliers and design professionals. She negotiates public and private design and construction contracts, including projects with alternative delivery methods, design-build, and integrated project delivery (IPD). Ms. O’Hanlon advises clients on how to avoid claims and disputes and, if needed, helps them navigate arbitrating or litigating payment, delay, defect and warranty claims.

Attorney at Cairncross & Hempelmann, P.S.

Ms. Pflugrath has devoted her career to understanding the legal risks her clients face in the construction industry. Her clients include developers, owners, owner’s representatives, contractors, international multidisciplinary design firms, and local engineering and architecture firms. She takes great pride in offering an integrated suite of services to her clients, providing advice on risk management, contract negotiation and conflict resolution, as well as defending her clients from claims. Ms.  Pflugrath’s practice spans Alaska, Washington, Oregon and Arizona and she considers it an honor to counsel her clients as they change the way people live, work and travel in the Pacific Northwest. Ms. Pflugrath is deeply engaged with organizations in the field of construction and she holds numerous leadership positions as well as being recognized as an honorary American Institute of Architects (AIA) member. She is a respected leader in her field and a frequent presenter to industry organizations and professionals on a range of construction law topics.

Attorney at Miller Nash Graham & Dunn, LLP

Mr. Swanson’s practice focuses on policyholder insurance coverage disputes against the world’s largest insurers, defending and bringing claims on behalf of contractors and developers, and ensuring that people get the benefit of their bargain from their real estate contracts. Mr. Swanson also helps prevent these disputes and he frequently advises clients relative to their policies, their contracts/transactions, and their operations. His litigation work has recovered tens of millions of dollars for his clients and his transactional work ensures that the necessity for these recoveries are avoided in the first place. Mr. Swanson prides himself on his ability to help clients reach successful outcomes by precisely tailoring strategies for each client’s unique situation; he is not a one-size-fits-all practitioner. He has frequently been able to settle disputes at their earliest stages by cutting to the chase, comprehensively providing a risk analysis, and deploying the appropriate leverage to get the job done. Tristan’s clients are not professional litigants—they are companies and individuals who want to make the best decisions relative to their dispute(s) and find ways to avoid the dispute next time.

Neil Warburton, PE, CPHC
Mr. Warburton is a Building Science Specialist and Professional Engineer who is committed to the success of every project, large or small. He works on a wide range of new building and existing building projects, and he is focused on exploring and integrating Passive House and high-performance buildings technologies, as well delivering Enclosure Commissioning services to make buildings better.

James Yand, Attorney at Miller Nash Graham & Dunn, LLP
Mr. Yand is a partner and a member of the firm’s litigation practice team. He has more than 20 years of experience resolving disputes for business owners and individuals in construction law, products liability, e-discovery, franchise and commercial law. Clients in the Northwest and around the world know Mr. Yand as a reliable ally who practices with integrity and is focused on delivering results. Reputed for critical thinking and problem-solving, no matter the size of the case, he specializes in resolving high-conflict cases that often determine the continued success of the client’s interest. He seeks effective resolutions with cost-efficiency. From discovery conducted in Hong Kong to local cases filed in Seattle, Mr. Yand leverages his local-national-global knowledge.

Jacob Zahniser is an Attorney with Miller, Nash, Graham & Dunn, LLP. A construction lawyer, construction litigator, and trial attorney, Mr. Zahniser focuses his practice on construction and real estate litigation, as well as handling insurance coverage disputes arising from construction defects. As a construction lawyer, he has represented a wide variety of construction industry clients ranging from contractors, suppliers, and insurance policy holders and assignees, to commercial property owners, landlords, and homeowners associations. Mr. Zahniser is experienced in all forms of construction litigation, including payment disputes and lien claims, insurance coverage, leases, purchase and sale agreements, development rights, adverse possession, property lines and easements, and development disputes. He is also a member of the Executive Committee for the Oregon State Bar Construction Section.

Mr. Ofori-Amanfo’s broad-based experience includes investigation of collapsed structures, investigation of construction defects and damage, investigation of condensation in building envelopes, evaluation of roof and wall leakage, field water spray testing of windows, and assessment of wind and hail damage. His work also involves giving expert testimony and assisting attorneys in resolving disputes over construction and materials-related problems. Prior to establishing Collins Forensics LLC, Mr. Ofori-Amanfo previously worked for many years at Wiss, Janney, Elstner Associates, Inc. (WJE), the Illinois Department of Transportation, and Twin City Testing Corporation. He received his B.S. degree in Civil Engineering from the University of Science and Technology in Ghana and his M.S. degree in Structural Engineering from the University of Minnesota, Minneapolis. Mr. Ofori-Amanfo is a registered professional engineer in Minnesota, Wisconsin, Iowa, Illinois, North Dakota, Nebraska, and Missouri.

Mr. Ofori-Amanfo’s broad-based experience includes investigation of collapsed structures, investigation of construction defects and damage, investigation of condensation in building envelopes, evaluation of roof and wall leakage, field water spray testing of windows, and assessment of wind and hail damage. His work also involves giving expert testimony and assisting attorneys in resolving disputes over construction and materials-related problems. Prior to establishing Collins Forensics LLC, Mr. Ofori-Amanfo previously worked for many years at Wiss, Janney, Elstner Associates, Inc. (WJE), the Illinois Department of Transportation, and Twin City Testing Corporation. He received his B.S. degree in Civil Engineering from the University of Science and Technology in Ghana and his M.S. degree in Structural Engineering from the University of Minnesota, Minneapolis. Mr. Ofori-Amanfo is a registered professional engineer in Minnesota, Wisconsin, Iowa, Illinois, North Dakota, Nebraska, and Missouri.

Mr. Bostwick’s practice areas include real estate development; land use and planning; construction claims litigation; regulatory matters such as OSHA, labor and employment; and contractor licensing and general commercial litigation. He has presented at seminars on behalf of the Utah Land Title Association, the National Association of Home Builders, Utah Home Builders Association, Associated General Contractors, Associated Builders and Contractors, National Electrical Contractors Association and the Utah Sheet Metal Contractors Association. Mr. Bostwick is a member of the Utah State Bar (member and past chair, Construction Law Section). He is a member of the Associated Builders and Contractors (Utah Chapter Counsel and National PAC Trustee), the Associated General Contractors (past chair of Legislative Committee and Legal Advisory Committee), and the National Association of Home Builders (past Executive Committee member). He received a B.S. degree in Construction Management graduating top in class from Brigham Young University and a J.D. degree from Brigham Young University J. Reuben Clark Law School. 

Dana Farmer Attorney at Durham Jones & Pinegar, P.C.
Mr. Farmer is a construction and commercial lawyer focused construction contracts,
disputes, litigation; and commercial transactions and litigation involving construction,
transportation and storage of goods, and the Uniform Commercial Code. As general or
legislative counsel to many construction trade groups in Utah, Mr. Farmer focuses his
practice on helping contractors, subcontractors and construction material suppliers resolve
problems with construction projects and sales accounts. This work includes the preparing
and filing construction notices, reviewing and negotiating contracts, and resolving contract
and payment disputes. Mr. Farmer also advises his clients about legal concerns relating to
the operation of their businesses, such as purchases and sales of businesses; employees;
buying, selling, or leasing business property; vendor agreements; licensing; and other legal
issues typical of businesses in the construction industry.

Tyler Foutz Attorney at Fetzer Simonsen Booth & Jenkins, PC
Mr. Foutz’s law practice has focused on commercial litigation for the last 15 years. He
represents companies, both large and small; HOA’s; and individuals in disputes pertaining to
construction, real estate, landlord-tenant, and a variety of other areas. He became a partner
at Fetzer Booth in 2020. Before joining Fetzer Booth, Mr. Foutz was a partner at a commercial
litigation firm specializing in construction and real estate litigation. He has been involved in
litigation ranging from small disputes to complex multi-million dollar cases. Mr. Foutz has
successfully completed jury and bench trials in state and Federal Court and frequently appears
in courts in all districts in the State of Utah. He has also argued before the Utah Court of
Appeals and the Utah Supreme Court, and participated in arguments at the 10th Circuit Court
of Appeals. Mr. Foutz received his J.D. degree from the University of Oregon School of Law.

Ms. Hinton is licensed to practice in Washington, Alaska, and California. She advises public and private owners, developers, contractors, subcontractors, design professionals, and production manufacturers on risk management, contract drafting and negotiation, course of construction disputes, mechanics liens, and construction defect claims. She regularly leverages her legal knowledge and expertise in the construction field to devise practical and cost-effective solutions to the issues facing her clients.

Scott Powers Attorney at Snow Christensen & Martineau
Mr. Powers’ practice involves a broad range of commercial litigation matters with an
emphasis on construction, surety, and insurance-related issues. Licensed in Utah, Idaho,
and Nevada, Mr. Powers has litigated disputes across the Intermountain West. He has
successfully represented clients in a wide variety of legal matters including construction
contract claims, defect claims, surety bond claims, mechanics lien claims, insurance coverage
litigation, general liability claims, catastrophic injury claims, and class action lawsuits. His
experience working for multiple contractors, including union and non-union electrical
contractors, commercial landscaping companies, and systems integration companies,
provides insider expertise and knowledge to his construction litigation practice and allows
him to more closely understand the unique needs of these industry clients.

Partner at Parsons Farnell & Grein, LLP in Portland, OR
Mr. Farnell leads PFG’s insurance recovery group and its national policyholder practice. One of the most sought-after policyholder attorneys on the West Coast, he has represented businesses and individuals in disputes with insurance companies for more than 25 years, obtaining successful settlements, verdicts, and appellate decisions in a wide variety of insurance claims, including general liability, directors and officers, professional liability, property, employee dishonesty and fidelity bonds, and cyber. Mr. Farnell has been selected for inclusion in Oregon Super Lawyers® every year that designation has been available in Oregon and was named as one of the Top 50 lawyers in Oregon for 2018. He was also named to the Best Lawyers in America list for 2019. Raised and educated in Oregon and Washington, Mr. Farnell has deep roots in the Pacific Northwest. This translates into an extensive knowledge of the community and a deep commitment to the success of Northwest businesses. He is committed to maintaining relationships with his clients in order to provide each client with superior service.

Partner, Stole Rives, LLP, Portland
Mr. Grasberger is a partner in the firm focusing his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, public contracts, bid disputes and public improvement exemptions. He joined the firm in 1991. He is Chair of Stoel Rives’ Construction and Design group and co-chair of Stoel Rives’ Sustainable Real Estate Development Team. Mr.Grasberger hasrepresented numerous private and public owners, developers and contractors in all facets of development and construction law. Significant engagements include energy and industrial plant construction, infrastructure projects, multifamily projects, and both commercial and residential high-rise and mid-rise projects. He is a frequent lecturer to the development industry and the Oregon Bar.

Partner, Dunn Carney, LLP, Portland
Mr. Joseph leads the firm’s Construction and Design Team and is also a member of the firm’s Litigation Team. His practice emphasizes serving as outside general counsel for construction industry clients who either do not employ their own in-house attorneys or who need counsel in areas outside their usual expertise. He advises developers, general contractors, subcontractors, design professionals, and real estate professionals, as well as product manufacturers and suppliers regarding matters ranging from entity formation and administration, to insurance and bonding, bidding and contracting, project administration and workouts, and liens and collections. Mr. Joseph also has significant litigation and dispute resolution experience including successful representation of clients in mediation, arbitration, court trials and appeals. He has litigated and tried construction and real estate-related disputes. Mr. Joseph is also adept at handling transactional matters that clients regularly encounter in any general construction practice, including business formation and administration, contract drafting, real estate transactions, employment matters, and other construction and design-related issues.

Shareholder at Schwabe Williamson & Wyatt in Portland, OR
Over several decades as a construction lawyer, Mr. Loiselle has built a comprehensive, solutions-oriented practice as a key leader in Schwabe’s Real Estate and Construction industry group. His clients include owners, general contractors, designers and engineers, specialty contractors, insurers and maritime interests. Mr. Loiselle has extensive experience negotiating agreements, solving complex disputes and representing clients in litigation on major construction and marine projects. He has served as general counsel to the Columbia River Chapter of Associated General Contractors (AGC), chair of the Maritime Commerce Club, a member of AGC’s Foundation Board, counsel to Associated Builders and Contractors, and chair of the Construction and Maritime Sections of the Oregon State Bar.

Michael Milakovich, AIA
Architect & Principal for WC4 West Coast Forensics Engineering and Design , LLC, Portland
Mr. Milakovich has been a pivotal part of the West Coast Forensics team since its inception in April 2006. He provides valuable forensic evaluation and litigation support for our attorney, insurance and site-owner clients. Projects include but are not limited to general construction investigations, premise liability, and expert witnessing. He also handles damage assessment and reconstruction design for fire, water and wind damage as well as design of repairs for water intrusion.

Shareholder, Schwabe, Williamson & Wyatt, Portland
Mr. Ohle has more than 20 years of experience representing clients in construction defect and housing accessibility claims, with an emphasis on claims involving design defects by architects and engineers. He defends design professionals against professional malpractice claims and drafts professional service contracts to minimize the risk of construction disputes and meet the needs of specific design disciplines and projects. Mr. Ohle also represents professional clients before regulatory boards including the Oregon Board of Architect Examiners, the Oregon Board of Examiners for Engineering and the Oregon Electrical and Elevator Board.