Hedeen & Caditz provides a broad range of legal services supporting commercial, industrial and
heavy construction in Washington state and throughout the Northwest. We represent public and
private owners, general contractors, subcontractors, material suppliers and sureties. Our
construction law practice areas include contract and subcontract preparation, review
and negotiation, prime contractor and subcontractor bid disputes and protests including
subcontractor bid shopping protests, construction disputes and claims, including extra work claims,
labor inefficiency claims, work scope disputes, claims for default termination, terminations for
convenience, lien, bond and retainage claims, and dispute resolution, including mediation,
arbitration and litigation.
BID PROTESTS
Bid protest of award to competing apparent low bidder due to the bidder's failure to comply with
RCW 39.30.060, the subcontractor listing statute. Representation resulted in award to University
Mechanical.
Bid protest concerning award to competing apparent low bidder's failure to comply with RCW
39.30.060, the subcontractor listing statute. Representation resulted in award to Jay Dee - Coluccio
Joint Venture.
Bid protest of award to Valley Electric by second low bidder protesting on the grounds Valley
Electric did not include information required by the specifications. Representation resulted in
award to Valley Electric.
Bid protest by taxpayer trade association protesting unduly restrictive specifications. Protest
resulted in rebid and re-advertisement of project with revised specifications.
Bid protest by Trenchless Construction as apparent low bidder challenging Grant County PUD’s
decision to reject Trenchless on bidder responsibility grounds. Protest resulted in award to
Trenchless after superior court temporary restraining order and summary judgment motion.
Bid protest by Aspen as apparent low bidder challenging Washington State Department of Ecology
decision to reject Aspen on bidder responsibility grounds. Protest resulted in award to Aspen and
determination that decision to reject Aspen’s bid on responsibility grounds was arbitrary and
capricious after a superior court trial.
Bid protest concerning displacement of Jensen & Reynolds as low bidder due to discrepancy
between bid stated in words and figures. Representation resulted in award to Jensen & Reynolds
after superior court trial and emergency appeal to Alaska Supreme Court.
Bid protest of award to competing low bidder with defective bid security. Representation resulted
in award to Sea Island Sand and Gravel after superior court trial.
Bid protest of award to competing apparent low bidder who identified MBE for participation without
first obtaining a bid quotation. Representation resulted in award to Airways Sheet Metal after
superior court trial.
Bid protest of award to competing low bidder where owner evaluated bids by other than announced
bid evaluation criteria. Representation resulted in award to Airways Sheet Metal after superior court
trial.
Bid protest of award to competing low bidder where owner promulgated restrictive specifications.
Representation resulted in rebid with revised specifications and award to Sound Diving Services
after superior court summary judgment motion.
Bid protest of award to competing low bidder where owner evaluated bids by other than announced
bid evaluation criteria and entered into pre award negotiations. Representation resulted in award
to AA Contactors after superior court summary judgment motion.
Bid protest on behalf of GC/CM subcontract bidder of award to competing low bidder where
GC/CM and owner evaluated bids by other than announced bid evaluation criteria and entered into
pre award negotiations. Representation resulted in award to Ackley Dornbach after superior court summary judgment motion.
Bid protest of award to competing low bidder where owner evaluated bids by other than announced
bid evaluation criteria and entered into pre award negotiations. Representation resulted in award
to AA Contactors after superior court trial.
Bid protest of award to competing low bidder where Owner improperly included DBE participation.
Representation resulted in rejection of all bids.
Bid protest of award to competing low bidder with defective bid security. Representation resulted
in award to Sea Island Sand and Gravel after superior court trial.
Bid protest of award to competing apparent low bidder on GC/CM project where competing low subcontractor bidder entity did not comply with prequalification submittal. Representation resulted in rejection of competing bidder and award to MacDonald Miller.
CONSTRUCTION CLAIMS
This case arose out of the King Dome re-roof contract. AA Contractors was terminated for cause.
Hedeen and Caditz' representation of AA Contractors resulted in a for cause termination being
converted to a convenience termination.
This matter involved the interpretation of incentive provisions in the WSDOT standard
specifications. Hedeen & Caditz' representation resulted in a summary judgment in favor of Associated and a substantial equitable adjustment to their contract.
This case resulted from Wilder’s challenge to a land for mineral rights swap between Associated
Sand and Gravel and the state of Washington. Hedeen & Caditz' representation
resulted in a summary judgment in favor of Associated and mineral rights for our client.
This matter involved the representation of the City of Kirkland during construction of a street and
sewer improvement project and defending the contractor's equitable adjustment claims including
differing site conditions claims.
This matter involved the representation of the City of Mount Vernon during construction of the new
Skagit River Bridge and defending the contractor's equitable adjustment claims including differing
site conditions and defective specifications claims.
This matter involved the representation of the City of Mercer Island during design and construction
of Lake Line Sewer Project.
This matter involved the representation of Pacific Construction Systems during construction of the
new Seattle Library and prosecuting the contractor's equitable adjustment claims including its
claims for trade jamming, trade stacking, resequencing, loss of labor productivity and cumulative
impact.
This matter involved the representation of Pacific Construction Systems during construction of the
Washington State Convention & Trade Center project and prosecuting the contractor's equitable adjustment
claims including its claims for trade jamming, trade stacking, resequencing, and cumulative impact.
This matter involved the representation of the Public Utility District during construction of the Judy
Reservoir, the state of Washington's last earthen filled dam, and representation of the District after
termination of the contractor and assistance procuring a completion contractor after the termination.
This matter involved the representation of Shinn Mechanical during construction of the University
of Washington's Oceanography Building and prosecuting the contractor's equitable adjustment
claims including its claims for loss of labor productivity due to trade jamming, trade stacking,
resequencing and cumulative impact.
This matter involved the representation of Shinn Mechanical during construction of the Port of
Seattle South Terminal Expansion Project and prosecuting the contractor's equitable adjustment
claims including its claims for loss of labor productivity due to trade stacking, resequencing and
cumulative impact.
This matter involved the representation of Shinn Mechanical during construction of the Tolt River
Treatment Plant and prosecuting the contractor's equitable adjustment claims including its claims
for resequencing and cumulative impact.
This matter involved the representation of University Mechanical during construction of the new
Bellevue City Hall Project and prosecuting the contractor's equitable adjustment claims including
its claims for trade jamming, trade stacking, resequencing and cumulative impact.
This matter involved the representation of University Mechanical during construction of the
Stafford Creek Corrections Center Project and prosecuting the contractor's equitable adjustment
claims including its claims for trade jamming, trade stacking, resequencing and cumulative impact.
This matter involved the representation of University Mechanical during construction of the
Washington State Convention & Trade Center Project and prosecuting the contractor's equitable
adjustment claims including its claims for resequencing and cumulative impact.
WRONGFUL TERMINATION
This matter arose out of Shockley's site work subcontract on the Marine Corp Base at Kaneohe,
Hawaii for Metcalf Construction. Our representation of Shockley resulted in dismissal of the
contractor's twenty million dollar wrongful termination damages claim and a seven figure
settlement to Shockley.
This case arose out of the King Dome re-roof contract. AA Contractors was terminated for cause.
Hedeen and Caditz' representation of AA Contractors resulted in a for cause termination being
converted to a convenience termination.
CONSTRUCTION FAILURE
This matter arose out of the failure of structural welds on the Seward Shiplift Project due to the steel
manufacturer obtaining a variance in the chemical content of the steel resulting in the wrong weld rod
selection.
This matter arose out of the failure of concrete in auger cast piling to come up to design strength due
to excessive water in the concrete mixture.
This matter arose out of the failure of the horizontal drilling contractor to achieve grades.
SUBCONTRACTOR BID LISTING / BID SHOPPING CASES
Successful representation of listed mechanical subcontractor in bid shopping case. Representation
resulted in award of damages for lost profits after trial court summary judgment.
Successful representation of listed electrical subcontractor in bid shopping case. Representation
resulted in payment damages for lost profits.
