Mica D. Klein
Mica is a trusted advisor to construction and litigation clients.
Mica Klein, Assoc. DBIA™, counsels project owners across Washington state, the United States, and international jurisdictions on all stages of construction projects, from development to closeout.
Mica's practice spans public and private projects, from small (under $100,000) tenant improvement projects to $100M+ new construction. She drafts and negotiates complex construction contracts, professional services contracts, and various other modified American Institute of Architects and bespoke agreements. As project counsel, Mica provides full-service advice on project planning, implementation, and completion. In this role, she helps clients evaluate and negotiate significant change orders, and advises throughout the closeout process.
For her public clients, Mica regularly advises on Washington's Public Works Law, as well as regarding general contractor/construction manager and design-build projects procured under Washington's Alternative Public Works Statute and similar state laws. In addition, she has extensive experience responding to (and defending public clients against) bid protests and addressing various other public procurement issues.
In construction dispute resolution, Mica advises clients on mediation, arbitration, and litigation. Representing clients in state and federal courts throughout Washington state and nationwide, she has achieved a successful track record of prompt, high-value resolutions for clients.
Education & Credentials
Education
- UC Berkeley School of Law, J.D., 2013
- University of Washington, B.A., History, magna cum laude, Phi Beta Kappa, 2010
Bar and Court Admissions
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Washington
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Western District of Washington
Related Employment
- Perkins Coie LLP, Summer Associate, 2012
- U.S. District Judge Clark Waddoups, Salt Lake City, UT, Judicial Extern, 2011
Professional Recognition
Ranked by Law360 as "2024's Top Attorneys Under 40", for Construction, 2024
Ranked by Chambers USA as "America's Leading Lawyers" for Construction, 2024
Listed in Chambers USA as an "Up and Coming" Construction Lawyer, 2022-2023
Recognized by Best Lawyers: Ones to Watch for Construction Law; Education Law; Litigation - Construction Law, 2021-2024
Civil Libertarian Award, American Civil Liberties Union of Washington, 2014
Impact
Professional Leadership
- Washington State Bar Association, Construction Section, Member
- Washington State Bar Association, Litigation Section, Member
- King County Bar Association
Community Involvement
- NAIOP Washington, Commercial Real Estate Development Association, 2022-2023
- Bellevue Arts Museum, Board of Trustees, 2015-2016
Insights
News
Professional Experience
Construction Transactions—Private
Data Centers
Represent Fortune 100 multinational technology company in connection with data center expansion program across North and South America.
Mixed Use Development
Represented private developer as lead construction counsel in connection with $100M+ mixed use development project spanning multiple city blocks.
Tenant Improvements
Represented multiple Fortune 500 and other private companies as lead construction counsel for large-scale tenant improvement projects across the United States and a range of international jurisdictions, including Canada, Australia, Ireland, Germany, UK, Japan and India.
Hotels
Represented multiple private developers as construction counsel for hotel projects across the United States and abroad.
Professional Sports
Represent professional baseball team in connection with all aspects of stadium capital projects program.
Private Investments
Represented multiple private investment companies in connection with all aspects of construction and development programs.
Apartments
Represented multiple private developers as construction counsel for luxury new apartment construction in Washington.
Luxury Homes
Represented developers and owners of luxury homes in connection with $10M+ new home construction and renovation projects in Washington.
Construction Transactions—Public
Public Works
Represented multiple school districts and other public owners in connection with capital projects programs exceeding $100M across Washington.
Alternative Public Works
Advised school districts, hospital districts, park districts, and other public owners in connection with RCW 39.10 alternative public works projects, including securing Capital Projects Advisory Review Board (CPARB) Project Review Committee (PRC) approval for public GC/CM and design-build projects.
Construction Disputes
State Route 99 Tunnel Dispute
Represented a major equipment manufacturer in contract and insurance coverage litigation arising out of damage to “Bertha,” the 57-foot diameter tunnel boring machine used to bore a 9,270-foot highway tunnel beneath downtown Seattle. Disputes resulting from this multibillion-dollar project, recognized by Engineering News-Record as the Pacific Northwest “Project of the Year,” have exceeded $700Min claims and counterclaims.
Apartment Construction Dispute
Represented private developer in defending litigation and multiple subcontractor claims arising from Washington apartment construction project.
Wind Farm Dispute
Defended energy company and design-builder in dispute with alleged damages exceeding $20 million arising out of Oahu wind farm project.
Hotel Renovation Dispute
Defended developer against $10M+ claim and associated subcontractor lien lawsuits arising from multimillion-dollar hotel renovation project.
University Design-Build Dispute
Defended major university against claims exceeding $25 million arising out of two design-build student housing projects. Summary judgment granted to university in companion lawsuits; primary litigation resolved with university making no payment.
Lien Disputes
Defended multiple Fortune 100 and other private companies against lien claims arising from tenant improvement and other projects.
Transportation Dispute
Defended national construction manager in tort and statutory claims arising out of City of Seattle transportation project; claims partially dismissed on summary judgment and then settled for nuisance amount.
Kenco Construction, Inc. v. Porter Brothers, Inc. v. School District
Represented school district in multi-party action arising out of the construction of Aviation High School. While over $6 million in damages were eventually awarded following a multi-week jury trial, all claims against the school district were dismissed on summary judgment and the school district received almost $400,000 on its counterclaim for delayed completion of the school.
Pro Bono Matters
Together Center Campus
Represented Together Center as lead construction counsel in connection with the buildout of its new Redmond, Washington campus. The campus implements a first-of-its-kind national human services model, combining a range of human services providers on the development’s ground floor with five floors of affordable housing on the upper levels.
Jericho Village Campus
Representing Agape Resource & Assistance Center as lead construction counsel in connection with construction of the Jericho Village, inclusive urban village offering mixed income rental homes and empowerment support services in Wylie, Texas. The development features 38 multi-family units in quadruplex homes, a community center, a community garden, outdoor living areas and a playground.