Brendan J. Peters

Arbitration: RCI-Herzog v. Sound Transit

Private Arbitration of Washington
Defended claims for design errors, delays and additional costs exceeding $100 million through an eight-week arbitration.

Arbitration: Manufacturing Facility Delay and Impact Claims*

Defended international engineering firm in $20 million dollar cost overrun, lost labor productivity and delay claims arising out of the construction of a polypropylene plant.

Arbitration: Construction Defect and Purchase and Sale Agreement Claims*

Represented food processing company in multi-million dollar breach of purchase and sale agreement and welding defect claims.

Arbitration: Condominium Construction Disputes*

Represented condominium homeowners association in claims against commercial association arising out of condominium restoration project and condominium declaration disputes.

Litigation: Babcock & Wilcox Nuclear Energy v. Energy Northwest

U.S. District Court for the Eastern District of Washington
Defended Energy Northwest against claim exceeding $50 million arising out of a condenser replacement project at the Columbia Generating Station.

Litigation: Construction Wrongful Death Claim*

King County Superior Court (Washington)
Obtained summary judgment in favor of civil engineering firm against wrongful death claims exceeding $11 million arising out of a construction site accident.

Litigation: Seismic Tie-down Construction Product*

U.S. District Court for the Northern District of California
Represented defendant against trade secret, patent and breach of contract claims including the rights to a patented seismic tie-down device.

Litigation: Cellular Telephone Facility*

U.S. District Court for the Western District of Washington
Defended major cellular telephone company against breach of contract claims arising out of construction of cellular telephone facility.

Litigation: Airport Expansion Project*

U.S. District Court for the Western District of Washington
Defended major airline in breach of lease and environmental claims arising from airport expansion project.

Litigation: Construction and Lease Agreements*

King County Superior Court (Washington)
Defended landlord against a claim exceeding a million dollars arising out of the construction of tenant improvements.

Litigation: Surety Bond Claims

Superior Court of Washington, Snohomish County
Defended school district against subcontractor’s retainage and bond claims.

Litigation: Marina Construction Contract and Lien Foreclosure*

Represented marina float supplier in breach of contract and lien foreclosure litigation.

Litigation: Apartment Building Construction and Design Defects*

King County Superior Court (Washington)
Represented building owner in $2 million construction defect claim against general contractor and design professionals.

Litigation: Design Professional Negligence and Breach of Contract*

Superior Court of Anchorage
Defended design professional against multi-million dollar professional malpractice claim arising out of Alaska school renovation project.

Litigation: Hotel and Condominium Disputes

King County Superior Court (Washington)
Defended owner against multi-million dollar claims by prime contractor and subcontractors and represented owner in multi-million dollar claim against the project architect.

Litigation: Real Estate Purchase & Sale Dispute

Superior Court of Washington, Snohomish County
Defended seller against claim by real estate agent for commissions; settled at mediation.

Litigation: Indemnity Agreement Claims

Superior Court of Washington, Spokane County
Defended developer against surety claims for breach of indemnity agreement.

Architect Licensing Board Claims

Advised building design firm in complaint proceeding before the Washington State Board for Architects. Claim dismissed with no action.

Mediation: Design-build

Defended builder against claims by engineer for termination of government design-build contract; settled at mediation.

Mediation: CAD and Design Errors and Omissions

Represented owner against project architect and structural engineer in multi-million dollar claim involving CAD and design errors and omissions; settled after mediation.

Mediation: Engineering Fee and Bond Claims

Defended public owner against claims by engineer and surety for additional fees and breach of contract.

Transactions: Design Professional Corporate Formation*

Advised design professional firm in corporate restructuring to obtain corporate architectural certificate of authorization from the Washington State Board for Architects.

Transactions: Complex Commercial and Residential Projects

Draft and negotiate complex design and construction contracts for public and private owners, architects and engineers.

* Prior Experience

Litigation: Parallel Networks, L.L.C. v. Priceline.com Inc., et al.

U.S. District Court for the Eastern District of Texas
Defended OfficeMax Inc. and Walgreen Company in multi-defendant patent case relating to systems and methods for managing dynamic generation of web pages.

Litigation: Software Development Contract*

Represented e-commerce company in breach of contract claims arising out of software development contract.

Litigation: Marine Supply Contract*

U.S. District Court for the Western District of Washington
Defended Norwegian seafood company against multi-million dollar breach of contract and trade secret claims arising out of salmon supply contract.

Arbitration: Domain Name Portfolio*

Defended respondents against claims in excess of $20 million arising from purchase and sale of portfolio of Internet domain names.

* Prior Experience