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Bradley C. Lewis

Associate
+1.206.370.8073
Fax +1.206.623.7022
Brad Lewis is an associate in the firm’s Seattle office and is a member of the firm’s Construction & Engineering practice group.

Mr. Lewis advises clients who are involved in the development, design, construction, and operation of construction projects, including public works and infrastructure, renewable energy, and private development. He deals with matters relating to bidding and soliciting bids, contract drafting and negotiation, contract administration, regulatory compliance, and contract risk assessment. He has experience with a broad range of construction contracts, including EPC, ESCO, equipment supply, warranty, and O&M agreements.

Mr. Lewis also represents clients in construction-related disputes and has experience with a wide variety of claims, including claims based on design defect, construction defect, delay, cumulative impact, breach of warranty, and assertion of lien rights. He is experienced in resolving disputes through mediation, arbitration, and traditional litigation.

In addition, Mr. Lewis represents energy-industry clients in connection with portfolio and corporate acquisitions, conducting diligence review and risk assessment of existing EPC, ESCO, equipment supply, warranty, and/or O&M agreements.

Professional Background

Prior to attending law school, Mr. Lewis worked in construction project management for two California general contractors. He helped manage and oversee the construction of several multimillion dollar projects, both public and private, ranging from commercial office buildings and retail centers to a new $120 million public high school. He also helped manage and oversee various aspects of project development, including entitlements, permitting, and design-build, bidding, and contracting.

Mr. Lewis worked as a summer associate for the firm in 2011. He served as a judicial extern in 2010 for the Washington Court of Appeals, Division II, where he gained valuable experience in appeals, procedural matters, and a wide variety of substantive areas of law.

During law school, Mr. Lewis was a Notes and Comments Editor for the Washington Law Review. He also was an active member of the Moot Court Honor Board, participating in moot court competitions and winning multiple individual and team awards, including First Place Oralist and Second Place Team in the 1L Mock Trial Competition, as well as First Place Brief, Second Place Oralist, and First Place Team in the 2L/3L Appellate Advocacy Competition. He also earned CALI Excellence for the Future Awards in Contracts, Legal Writing, Consumer Bankruptcy, and Corporate Bankruptcy.

Speaking Engagements

  • “Practical Issues in Inefficiency Claims,” WSBA Construction Law Section Mid-Year CLE, June 10, 2016.
Publications
  • “Practical Issues in Inefficiency Claims,” WSBA Construction Law Section Midyear – Construction Contract Damages, June 2016.
  • “Washington Court of Appeals Confirms Enforceability of Termination-for-Convenience Clauses and Holds that Implied Covenant of Good Faith Places No Limits on Express Termination-for-Convenience Clauses,” K&L Gates Construction Law Blog, January 2016.

Project Development

  • Represented global transportation company in connection with new rapid transit light rail system in China. Assisted in drafting and negotiating operator agreement.
  • Represented national mining, metals and energy company in connection with 13,500 metric-ton-per-annum ferronickel processing plant in Indonesia. Assisted in negotiating and drafting EPC contract.
  • Represented global energy company in connection with development of 235 MW solar project portfolio in North Carolina. Assisted in drafting master construction contract to be used in conjunction with project-specific amendments. 
  • Represented national energy company in connection with development of a series of mini-hydropower plants in Indonesia. Assisted in restructuring and redrafting existing EPC contract to split into onshore and offshore contracts. Also assisted in drafting EPC umbrella/coordination agreement. 
  • Represented national mining, metals and energy company in connection with 60 MW coal-fired power plant in Indonesia. Assisted in drafting EPC contract amendment in light of project defects and closeout issues.
  • Represented global energy company in connection with 48 MW geothermal project in Chile (first ever geothermal project in South America). Assisted in drafting EPC contract.
  • Represented global energy company in connection with 180 MW wind project in Kansas. Assisted in drafting EPC contract and warranty agreement.
  • Represented national energy company in connection with multiple solar projects (approximately 20 MW each) in Colorado. Assisted in drafting master EPC contract, master module supply agreement, and project-specific module supply agreement.
  • Represented national energy company in connection with multiple solar projects (from 3 MW to 7 MW each) in North Carolina. Drafted master EPC contract and advised client in connection with contract negotiations.
  • Represented owner-developer in connection with 1.4 MW solar project in North Carolina. Drafted EPC and O&M contracts and advised client in connection with contract negotiations.
  •  Drafted form of EPC contract for use by client who designs and manufactures battery and control equipment, develops solar projects for off-the-grid customers (e.g. beach resorts), and then supplies battery and control equipment to such projects.
  • Represented global solar module supplier in connection with pilot program with national homebuilder to sell or lease solar modules to homebuyers. Drafted master pilot agreement.

Dispute Resolution

  • Represented government entity in anticipation of potential claims involving multiple public and private entities arising out of multi-billion dollar public works project.
  • Represented global technology company in defense of claims brought by contractor in connection with the construction of multiple data center projects in Wyoming and Iowa. Resolved claims through informal dispute resolution.
  • Represented national energy services contractor in arbitration against excavation subcontractor with respect to dispute arising out of energy savings project at public university campus. Energy services contractor sought relief for damage caused by subcontractor’s failure to protect existing utilities.
  • Represented global paper company in defense of claims brought by contractor hired to perform environmental cleanup following decommissioning of paper mill. Contractor sought extra-contractual relief (total-cost-plus approach) based on contract abandonment, quantum meruit, and cardinal change theories. Resolved claims through mediation.
  • Represented global electrical contractor in defense of claims brought by electrical subcontractor arising out of federal project involving multiple dams. Subcontractor sought contractual and extra-contractual relief based on delay, acceleration, cumulative impacts, quantum meruit, and cardinal change theories. Resolved claims through mediation.
  • Represented global telecom company in defense of claims brought by owner of building where telecom company leases rooftop space. Owner sought relief for damage allegedly caused by defective installation of rooftop equipment.
  • Represented school district in defense of claims brought by subcontractor employees who sought direct recovery against school district, based on theory of unjust enrichment, for subcontractor’s alleged failure to pay minimum wages.
  • Represented multiple school districts and other government entities in cases involving bond claims on public works projects.