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Mica D. Klein

Mica D. Klein
Mica D. Klein
Partner

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

  • 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

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.

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