Real Estate & Construction

Legal Services for Businesses » Real Estate & Construction

Real estate and construction law has been a significant part of Ryan Swanson & Cleveland's practice since its founding in 1897. In the early 1900s, our attorneys were involved in the development of buildings in downtown Seattle. Since that time, we have expanded our law practice and today, provide assistance in the sale, leasing, financing and development of a wide variety of real estate projects, including shopping centers, office buildings, industrial parks, hospitals and other health care facilities, private and multi-family residences, urban and suburban parcels, and roadway improvements.

Our Real Estate & Construction Group is one of Ryan Swanson's largest practice groups with 17 real estate attorneys currently in practice.

Real Estate Law-Specific Experience:

When clients need to select a vehicle, such as a partnership or a limited liability company, to own real estate, we assist them in making the most beneficial choice. Our real estate attorneys also routinely help buyers and sellers structure, negotiate, document and close real estate transactions.

Condominiums are an important type of property ownership, both for developers and buyers. The development of condominiums, ownership structure, and operation are regulated by statute and affected by numerous court decisions. Our work involves formation of residential, commercial and mixed use projects, condominium conversions, and construction defects. In short, we are involved in all facets of condominium work for owners, developers, and associations, from formation, to financing, to repair.

We represent public and owners, as well as design professionals and contractors. We are also skilled at anticipating and providing creative solutions to problems common in both new construction and remodeling projects.

The nature of the projects we are involved with range from small home remodels to multimillion dollar residential/commercial developments; small medical center remodels to entire new hospitals; small city sewer projects to new community transit centers; and small roof leaks to major construction defects.

Our range of services include:

  • Advice during planning and development phases
  • Preparation of Owner/Design Professional and Owner/Contractor agreements
  • Preparation of bidding documents
  • Assistance with change order analysis and project close-out issues
  • Claim analysis and resolution through mediation, arbitration or litigation
  • Lien preparation, filing and defense

We are particularly proud of our ability to creatively solve difficult issues and of our successful use of alternate dispute resolution to settle both large and small construction related claims. By selective use of mediation and neutral evaluation, we have been able to resolve many disputes quickly and relatively inexpensively. We have also been able to achieve positive results for disputes that could only be resolved through litigation or arbitration.

We help lenders and borrowers structure and document loan transactions. Our experience includes construction and permanent financing, refinancing, conduit lending, limited liability company and partnership agreements, and other security arrangements.

We advise developers and other clients about planning, environmental issues, easements and covenants, conditions and restrictions.

On behalf of landlords, property owners, tenants and property managers, we negotiate and draft leases for all types of commercial, office, industrial and residential projects. Our experience includes everything from office and residential leases to build-to-suit and out-parcel tenant leases.

Legal disputes don't come neatly packaged. Fortunately, many can be settled before a lawsuit or other formal proceeding begins; others however, may require a trial for resolution.

When a client comes to us with a dispute, we listen carefully to all the details. We then evaluate our client's position and make recommendations for a resolution consistent with his or her goals. We take a practical, common sense approach to such matters, and explore all avenues possible to assist and better protect our clients.

Click here for more information on our Litigation Practice

We have a long history of service to the title insurance industry, and have successfully defended our title company clients in many actions from coverage issues to bad faith claims.

 

Related Practice Areas:

 

our Team
David H. Oswald, Chair and Member
David H. Oswald
Member
Dave has over 35 years of experience as a business and real estate attorney and has assisted with the acquisitions, leasing, sales and financing of properties for businesses and developers. He also helps real estate and business clients structure new businesses, create partnerships, raise capital through private placements, and buy, sell and liquidate.
206.654.2254
Kevin A. Bay, Member
Kevin A. Bay
Member
Kevin has a diverse litigation practice, representing public and privately held companies in commercial contract claims, real estate disputes, contested partnership and joint venture dissolutions and bankruptcy litigation matters. His bankruptcy experience gives his clients a unique perspective in situations involving an insolvent or potentially insolvent opponent.
206.654.2250
Kevin J. Collette
Member
With a Seattle presence, Kevin is a well-known business and technology lawyer. He advises clients on a full range of legal issues including business and deal structures; branding, protecting, licensing, advertising, selling and distributing products, services, technologies and intellectual properties; Cyberspace information technology and software; start-up and emerging businesses; mergers and acquisitions; real estate, and bringing businesses into the U.S. or to international markets.
206.654.2252
Robert J. Curran
Member
Bob's litigation practice focuses on commercial disputes that involve business torts, real estate, construction and personal injury. He's tried numerous cases in state and federal court and has successfully handled appeals before state appellate courts and the Ninth Circuit Court of Appeals. Recently, in a series of fraud and securities cases, he obtained several multi-million dollar judgments and settlements for clients.
206.654.2232
Jo M. Flannery, Of Counsel
Jo M. Flannery
Of Counsel
Jo Flannery is a member of the Litigation and Real Estate departments at Ryan, Swanson & Cleveland, PLLC. Raised by a real estate agent, and a former Realtor herself, Jo has a particular interest in real property law. With over a decade of broad litigation experience behind her, Jo's practice has focused, over the last seven years, primarily on representing condominium and homeowner associations in the pursuit and resolution of construction defect claims, risk management, and covenant governed disputes.
206.654.2241
James E. Hadley
Member
Jay acts as outside general counsel for a divergent group of companies including technology, construction, manufacturing and service industries. He is experienced in real estate development matters, including construction contracts for Multiuser Facilities, apartment buildings, hotels, warehouse and office park facilities, high rise buildings and even the original Washington State Convention and Trade Center.
206.654.2258
Richard J. Hyatt
Member
Rick has a broad-based creditors' rights and bankruptcy practice, including representation of banks, creditors, trustees and debtors, in transactional, workouts, and all phases of insolvency matters. Because of the breadth of his practice, he has developed expertise in a number of business and legal areas, including real estate transactions.
206.654.2221
Roger J. Kindley
Member
Roger serves as Chair of the Litigation Group. He is a trial lawyer whose experience covers a broad range of matters involving intellectual property, contract claims, real estate disputes, product liability issues, employment cases and others. He has won both jury and non-jury cases and favorably used mediations to save clients money and achieve settlement. He has handled international law arbitrations and arbitrations throughout the United States.
206.654.2218
Paul Meier, Member
Paul Meier
Member
Paul is a member of our firm's Business, Licensing & Technology and Real Estate Groups. On a day-to-day basis, he provides the advice and services clients need to achieve their business goals. Paul's focus is on business formations, business and real estate acquisitions and financings, and other commercial transactions. He represents both start-up businesses and established companies. Paul has considerable experience representing technology companies in venture capital financings, joint ventures, and licensing and marketing agreements. Paul is also experienced in the purchase and sale of dental and other professional practices.
206.654.2214
Roger D. Mellem
Member
Mr. Mellem successfully prosecutes, defends and resolves tough securities, real estate and other commercial cases on behalf of businesses and individuals, and serves as an arbitrator and mediator as well.
206.654.2234
Wendy S. Moullet, Associate
Wendy Moullet
Associate
Wendy focuses her practice in the areas of commercial real estate, business and technology. She advises clients in a variety of industries on business and legal matters, including drafting and negotiating purchase and sale agreements, loan documents, licensing contracts and commercial leases; facilitating commercial real estate financing and sale/acquisition transactions; and advising start-up businesses with formation and governance issues.
206-654-2242
Roger A. Myklebust
Member
Roger Myklebust's practice emphasizes construction law, commercial litigation and design professional liability. His construction law practice includes representation of public and private owners, engineers, architects and contractors in all aspects of contract preparation and negotiation, construction management and claim resolution through mediation, arbitration and trial.
206.654.2220
John T. Petrie
Member
John joined Ryan, Swanson & Cleveland in 1993 after 20 years of practice with his own firm in Seattle. He represents developers, contractors, title insurance companies and lenders in a broad range of real estate matters, as well as representing policyholders in insurance coverage litigation. His experience includes land use, sales, purchases and financing of real estate, as well as civil litigation and insurance coverage work. Recently John's practice has emphasized insurance coverage for policyholders with landslide, hazardous waste and construction issues.
206.654.2271
Philip M. Roberts
Member
Phil has a business finance and real estate practice. In addition to helping clients organize, finance, buy and sell businesses, he represents clients on complex real estate transactions, including shopping center and other commercial real estate developments, and represents lenders on the financing of such transactions. His involvement includes the acquisition and financing of the properties, as well as the leasing activities associated with commercial projects. Phil finds the business/finance and real estate areas to be complementary to each other.
206-654-2236
Robin A. Schachter
Member
In her career as a litigator at Ryan Swanson, Robin has also been privileged to work on a wide range of commercial matters, including real estate, title, and construction disputes for realtors, builders, developers and owners, and on the myriad complicated issues arising from the dissolution of business partnerships.
206.654.2272
Colleen Nakatsu, Paralegal
Colleen Nakatsu
Paralegal
Colleen works on most of the major real estate transactions handled by Ryan firm lawyers. Among other things, she examines title, reviews legal descriptions and surveys, prepares closing documents and coordinates loan closings and real estate-related transactions. She has extensive contact with clients, title companies, lenders, developers and surveyors.
206.654.2243