Spokane, Washington

Primary Area of Expertise Real Estate Sale of Goods Commercial Construction Homeowner Associations Public Works Construction

Regional legal practice includes various matters arising in the construction industry. Representative clients include developers, owners, design professionals, prime contractors, subcontractors, suppliers, and surety companies on various matters on both public and private construction projects. Representative cases include prosecuting and defending large and complex construction delay claims, labor inefficiency and impact claims, scope of work disputes, differing site conditions, requests for equitable adjustment, termination claims, payment and performance bond disputes, lien foreclosures, design professional negligence, construction defects, bid disputes, design-build disputes, construction manager liability, and insurance coverage. A significant portion of experience consists of public works projects, including highway construction, roadway and utility (sewer, water, storm), wastewater systems, Federal Aviation Administration funded projects, and complex institutional buildings (schools, government buildings, hospitals), renewable energy projects (mostly wind turbine), and large private commercial (including multi-family housing and condominiums) and high-end luxury homes. Amounts in dispute have ranged between $5,000 and $15 million. Practice also includes representing businesses and individuals in litigation involving sales of goods, business dissolution, director-officer liability, shareholder derivative actions, NDA’s, trade secret disputes, labor and employment issues, and general contract disputes.

Law Office of John H. Guin, PLLC dba Guin Law and ADR - Member

Attorney; Arbitrator; Mediator

Member, Law Office of John H. Guin PLLC, 2007 – Present; Former Principal and Chairman of the Board of the Executive Committee, Winston & Cashatt Lawyers P.S., 1997 – 2007.

ADR Practice: Practice includes serving as mediator or arbitrator in commercial disputes, construction disputes, and insurance disputes. Has conducted multiple virtual mediation sessions.<br/><br/>Construction Litigation: Regional practice focuses on litigation in matters arising in the construction industry. Representation includes developers, owners, design professionals, prime contractors, subcontractors, suppliers, and surety companies on various matters on both public and private construction projects. Representative cases include prosecuting and defending large and complex construction delay claims, labor inefficiency and impact claims, scope of work disputes, differing site conditions, requests for equitable adjustment, termination claims, payment and performance bond disputes, lien foreclosures, design professional negligence, construction defects, bid disputes, design-build disputes, construction manager liability, and insurance coverage questions. A significant portion of experience consists of public works projects, including highway construction, roadway and utility (sewer, water, storm) construction, Federal Aviation Administration funded projects, complex institutional buildings (schools, government buildings, hospitals), as well as complex commercial and industrial projects, including renewable energy projects (wind turbine mostly), and high-end and luxury residences. Amounts in dispute have ranged between $5,000 and $15 million. <br/><br/>Commercial Litigation: Practice also includes representing individuals and businesses in disputes involving sale of goods, business dissolution, director-officer liability, shareholder derivative actions, NDA's, employment contracts, and trade secret disputes.

Has served as mediator in over 140 cases in the last 15 years, most of which are multi-party disputes involving property damage, eminent domain, consumer protection, insurance coverage, construction defects, payment disputes, delay and impact claims, and sale of goods.

Common issues addressed in mediation include delay claims, labor impact claims, design professional negligence, construction management liability, design-builder liability, scope of work disputes, construction defects, insurance coverage issues, and differing site conditions on high-end and luxury homes, commercial and industrial buildings and infrastructure, multi-family housing, hotels, apartments and student housing, public works projects, real estate disputes, business dissolution disputes, and homeowner association disputes.

Mediation is a party-driven process, and the parties decide how to move forward with mediation and how to resolve their dispute. I have a standard procedure for mediation as a guide for the parties, but I often adjust the process to meet the unique needs or nuances of each mediation. My standard process includes pre-mediation submissions, both confidential and public, to prepare myself and the parties to better understand the dispute. I often conduct pre-mediation conferences to get a feel for the parties and their needs and their expectations for the process. During the mediation, I initially focus on a better understanding of the important details of the dispute and the interests of the parties before switching to working with the parties to develop the path to resolution.

Proficient in all Microsoft Office products and similar open source office products. Frequently utilize Zoom, Google Meet, and Microsoft Teams for videoconference hearings and mediations. Also proficient in e-discovery software operations, having utilized a handful of different platforms in litigation practice.

University of Oregon (JD-1996); University of Washington (BS, History-1994).

Admitted to the Bar: California (2012), Montana (1999), Idaho (1998), Washington (1997), Oregon (2021); U.S. Court of Appeals: Ninth (2000) and Federal (2003) Circuits; U.S. Court of Federal Claims (2004); multiple federal district courts (Washington, Idaho, California, Montana).

Washington State Bar Association (Construction Law Section; ADR Section); Idaho State Bar Association; Montana State Bar Association (Construction Law Section); California State Bar; Oregon State Bar; Spokane County Bar Association; American Bar Association (Forum on the Construction Industry; Section of Public Contract Law; Dispute Resolution).

Publications:<br/><br/>"Inspection, Acceptance, and Warranty," Ch. 22, WASHINGTON CONSTRUCTION LAW DESKBOOK (2019) (co-author).<br/><br/>Speaking Engagements:<br/><br/>"Ethics in Alternative Dispute Resolution," WSBA CONSTRUCTION LAW SECTION (March 2019)<br/><br/>"The Path to Project Closeout," WSBA CONSTRUCTION LAW SECTION (June 2018) (co-presenter)<br/><br/>"Insurance in the Construction Setting,” WSBA CONSTRUCTION LAW SECTION (April 2014)<br/><br/>"Ethical Issues in Pass-Through Claims,” WSBA CONSTRUCTION LAW SECTION MID-YEAR (June 2010) <br/><br/>"Claims/Litigation and Alternative Dispute Resolution" and "Change Order Issues,” WASHINGTON CONSTRUCTION ISSUES, (Lorman Education Services, March, 2001; March, 2002; March, 2003; March, 2004; May, 2005) <br/><br/>"Claims Against Public Works Bonds on Federal Projects,” CONSTRUCTION LIEN LAW IN WASHINGTON, (Lorman Education Services, June, 2000 and June, 2001) <br/><br/>"Construction Issues in Purchase and Sale Agreements,” REAL ESTATE TRIPS AND TRAPS (Idaho State Bar, February, 2005) <br/><br/>"Construction Law Issues Including Warranties, Hold Harmless and Indemnity Agreements and Other Remedies,” RELIEF FROM YOUR LITIGATION HEADACHES, (Washington Defense Trial Lawyers, March, 2002) <br/><br/>"Contract Documents and Construction Law,” AGC SUPERVISORY TRAINING PROGRAM (Inland Northwest AGC, February/March, 2000) <br/><br/>"Design-Build in Public Works Contracting,” CONSTRUCTION MANAGEMENT/DESIGN-BUILD IN WASHINGTON (Lorman Education Services, December, 2003) <br/><br/>"Design-Build in the Federal Sector,” "Surety Bond Claims (Design-Build Projects)", and "Comparing Standard Forms for Design-Build Agreements,” DESIGN-BUILD IN WASHINGTON (Lorman Education Services, September, 2004). <br/><br/>"Dispute Resolution" and "Project Delivery Methods and Systems,” THE FUNDAMENTALS OF CONSTRUCTION CONTRACTS (Lorman Education Services, July, 2005; December, 2008) <br/><br/>"Killer Clauses in Construction Contracts,” CONSTRUCTION LAW YEAR END (WSBA Construction Law Section, December, 2005) <br/><br/>"Legal Relationships in Design-Build and Construction Management,” CONSTRUCTION MANAGEMENT/DESIGN-BUILD IN IDAHO (Lorman Education Services, May, 2006) <br/><br/>"Private Lien Claims and Public Works Bond Claims (Idaho),” CONSTRUCTION LIEN LAW (Lorman Education Services, April, 2007) <br/><br/>"State of Idaho Lien Laws,” CONSTRUCTION LIENS, CLAIMS & RETAINAGE (Inland Northwest AGC, March, 2000) <br/><br/>Numerous in-house seminars relating to construction industry topics.

Spokane, Washington<br/>Coeur d'Alene, Idaho<br/>Tri-Cities, Washington

$400 Per Hour

English

United States of America

Spokane, WA

The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
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Mediators on the AAA Roster are not employees or agents of the AAA.