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James T. Yand

I work with clients to solve problems efficiently, keeping their goals and budget expectations in mind. I tailor my legal advice to a client's needs and use my experienced judgment and creativity to find solutions and return value. Communication, effective advocacy, and innovative solutions are the keys to a successful outcome. Quotation mark
James T. Yand
James T. Yand
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About James

Jim Yand’s practice focuses on resolving challenges involved in construction and property development. Challenges often arise from competing interests in allocating risk and responsibility in the complex supply chain for bringing new projects out of the ground. Jim has more than 30 years of experience resolving high-conflict cases that often determine the continued success of the client’s project or business. His representation across the construction chain also allows him to craft and litigate contract terms that achieve the most effective results. This work also extends to serving as outside counsel for various trade groups and advising on a range of business questions that arise. Jim is a frequent author and speaker on various construction industry topics.
    

Representative Experience

  • Construction Plus
    • Lien foreclosure and contract dispute over development of commercial real estate high rise building. (Mehrer Drywall v. JTM Construction)

    • Contract and product defect claims arising from property development project. (West Coast Flooring v. HYDS)

    • Miller Act claim on Navy project. (Absco Alarms v. Safeco Insurance)

    • Defense of claims related to wastewater treatment facility. (Pacific Crest v. Town of Cathlamet)

    • Defense of multimillion-dollar lawsuit involving construction defects and product liability claims. (Mosler Lofts v. Belltown Dev.)

    • Representation of electrical contractor on claim arising from Chief Joseph Dam project. (United States ex rel. Graybar Elec. v. Overstreet Elec. Co., 2006 WL 1455652)

    • Lien foreclosure for improvements to shopping mall restaurant. (Lake Washington Construction v. SFC Foods West)

    • Breach of technology contract and RICO lawsuit. (Nintex v. ProSymmetry)

    • Multimillion-dollar claims related to defects arising out of parking garage. (ABM v. Seattle Second & James)

    • Condemnation action of property on Northgate Mall for light-rail station. (Sound Transit v. Simon Props.)

    • Prosecution of fraud claims locally and internationally involving factoring arrangements. (Kyko v. Prithvi)

    • Dismissal of maritime defendant with prejudice before trial based on successful assertion of defenses. (Rhodehouse v. Asbestos Corp. Ltd., King County Superior Court Case No. 12-2-31684-8 SEA)

    • Representation of trade association on claims for retrospective insurance refund. (NWCCA v. Dep’t of Labor & Indus., Wash. App. No. 42018-0.11)

    • Successful representation of foreign manufacturer on claims of trade-dress violations. (Atlas Equip. Co. v. Weir Minerals Australia Ltd., 2011 WL 52455)

    • Defense of municipality and employees from civil-rights claims in land use dispute. (Mauser v. City of Edmonds, 1997 Wash. App. LEXIS 1772)

    • Franchise dispute over territorial rights. (Sub Bros. N. v. Subway)

    • Multimillion-dollar claim against accountant arising from hedge fund audit. (Adams Financial v. Patke & Associates)

    • Defense of strict products liability claims arising from sporting goods. (Barron v. Extreme Products and Big 5)

    • Defense of construction products dealer for claims arising from construction defects claims. (Arion v. Hact Construction and L&W Supply)

    • Representation of distributor in product defect claims arising from PPA (phenylpropanolamine) medication. (Beard v. Perrigo Co., No. 2:03cv00470)

    • Multiple cases filed over five years involving defense of siding manufacturer in litigation filed nationwide by national hotel owner against general contractors and product manufacturers. (ESA Mgmt. Inc. v. Dryvit/Sto Corp.)

Services

Education

  • J.D., Lewis & Clark Law School, cum laude, 1988
  • B.S., Portland State University, with honors, 1984

Bar Admissions

  • Washington, 1989
  • Oregon, 1988

Court Admissions

  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • U.S. District Court, District of Oregon
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals, Federal Circuit

Additional Information

(SITE) From the Ground Up Contributor (SITE) COVID 19 Contributor

Activities

Professional Plus
  • King County Bar Association, I-502 Task Force, member
  • Washington State Bar Association
    • Professionalism Committee, chair, 2006-2007
    • Construction Law Section, member
  • Oregon State Bar House of Delegates, member
  • American Bar Association Forum on Franchising and Construction, member
  • American Subcontractors Association Attorney’s Council, member
    • past chair, 2011-2012
  • Northwest Wall & Ceiling Bureau, member
  • University of Washington
    • Professional and Continuing Education Advisory Board, member
    • Complex Litigation Course, instructor
Civic Plus
  • King County Bar Association Neighborhood Legal Clinic, volunteer
  • Open Door Legal Services Legal Clinic, advisory board member and volunteer

Recognition

  • Selected for inclusion as a Washington Super Lawyer, 2015-present
  • Team Teaching Excellence Award, University of Washington Continuum College, 2018
  • President’s Award, King County Bar Association, 2014
  • Rated AV® Preeminent™ by Martindale-Hubbell®

Insights from James

Jim frequently writes on various topics. Following is a listing of publications since 2015. A complete list is available upon request.

Jim is a frequent speaker on various topics. Following is a listing of presentations since 2015. A complete list is available upon request.

  • “Resolving Disputes Related to Defects and Failures,” HalfMoon Education, webinar (Mar. 2021)
  • “Inadvertent Disclosure of Electronic Information,” Washington State Bar Association, Reinstatement Course CLE (Mar. 2021)
  • “Inadvertent Disclosure of Electronic Information,” Washington State Bar Association, Reinstatement Course CLE (Aug. 2020)
  • “COVID-19 and Construction Impacts: Who Pays?” Northwest Wall & Ceiling Bureau, webinar (June 2020)
  • “Prompt Payment Clauses: What to Watch For and How to Negotiate,” American Subcontractors Association (Oct. 2019)
  • “Getting Paid and Protecting Your Company During a Construction Project,” Miller Nash Graham & Dunn, Construction Roundtable (Oct. 2018)
  • “Inadvertent Disclosure of Electronic Information,” Washington State Bar Association, CLE Seminar (Mar. 2018)
  • “Washington’s State-Mandated Paid Sick Leave Law: Requirements, Interplay with City Ordinances, and New Risks for Employers,” Northwest Wall and Ceiling Bureau, Chapter Luncheon (Jan. 2018)
  • “Winning the Claim with Documentation that Tells a Story,” Northwest Wall & Ceiling Industries, Convention and Trade Show (May 2017)
  • “What Do You Do If You Do Not Get Paid?” National Business Institute, Construction Law Seminar (Apr. 2017)
  • “Construction Photos—Avoid Putting Your Selfie in the Cross Hairs,” Society for Design Administration, Seattle Business Practice (Jan. 2016)
  • “Why is Metadata Problematic? The Essentials,” Washington State Bar Association, Everything You Need to Know About Metadata: Essentials and Advanced Topics CLE (Dec. 2015)
  • “Inadvertent Disclosure of Electronic Information,” Washington State Bar Association, CLE Seminar (Aug. 2015)
  • “Labor Productivity Study,” Northwest Wall and Ceiling Bureau, Convention and Trade Show (Apr. 2015)
  • “Tackling the Challenges of Professionalism,” Washington State Bar Association, Legal Lunchbox Series (Mar. 2015)
Collaborations

Outside the Office

Jim lives in Seattle with his wife and children. Born in Thailand and raised there until he was 12, Jim enjoys cooking Thai food for friends and family as his creative outlet.