Mediator Resume

Nearly three decades representing clients on various matters on both public and private construction projects, including delay claims, labor inefficiency and impact claims, scope of work disputes, differing site conditions, requests for equitable adjustment, termination claims, payment and performance bond disputes, lien foreclosures, design professional negligence, construction defects, bid disputes, design-build disputes, construction manager liability, and insurance coverage. Current practice is primarily serving as mediator or arbitrator while also continuing to serve as counsel for longtime existing clients.

Guin Law and ADR - Member

Mediator; Arbitrator; Attorney

Member, Law Office of John H. Guin PLLC dba Guin Law and ADR, 2007 - Present; Former Principal and Chairman of the Board of the Executive Committee, Winston & Cashatt Lawyers P.S., 1997 - 2007.

ADR Practice: ADR is now the primary practice, which includes serving as mediator or arbitrator in disputes covering commercial contracts and transactions, construction (public works, large commercial, industrial, and high end residential), real property, homeowner's associations, corporate governance and dissolution, property damage, professional liability, and personal injury. Mediations often include multi-party disputes. In-person and virtual mediation and arbitration proceedings are available. Construction Litigation: Historic regional practice has focused on litigation in matters arising in the construction industry. Representation includes developers, owners, design professionals, prime contractors, subcontractors, suppliers, and surety companies on various matters on both public and private construction projects. Representative cases include prosecuting and defending large and complex construction delay claims, labor inefficiency and impact claims, scope of work disputes, differing site conditions, requests for equitable adjustment, termination claims, payment and performance bond disputes, lien foreclosures, design professional negligence, construction defects, bid disputes, design-build disputes, construction manager liability, and insurance coverage questions. A significant portion of experience consists of public works projects, including highway construction, roadway and utility (sewer, water, storm) construction, Federal Aviation Administration funded projects, complex institutional buildings (schools, government buildings, hospitals), as well as complex commercial and industrial projects, including renewable energy projects (wind turbine mostly), and high-end and luxury residences. Amounts in dispute have ranged between $5,000 and $15 million. Commercial Litigation: Practice also includes representing individuals and businesses in disputes involving sale of goods, business dissolution, director-officer liability, shareholder derivative actions, NDA's, employment contracts, and trade secret disputes.

Has served as mediator in over two hundred fifty cases in the last 15 years, most of which are multi-party disputes involving property damage, eminent domain, consumer protection, insurance coverage, construction defects, payment disputes, delay and impact claims, sale of goods, real property, shareholder/member dissolutions, and homeowner associations.

Common issues addressed in mediation include delay claims, labor impact claims, design professional negligence, construction management liability, design-builder liability, scope of work disputes, construction defects, insurance coverage issues, and differing site conditions on high-end and luxury homes, commercial and industrial buildings and infrastructure, multi-family housing, hotels, apartments and student housing, public works projects, real estate disputes, business dissolution disputes, and homeowner association disputes.

Mediation is a party-driven process, and the parties decide how to move forward with mediation and how to resolve their dispute. I have a standard procedure for mediation as a guide for the parties, but I often adjust the process to meet the unique needs or nuances of each mediation. My standard process includes pre-mediation submissions, both confidential and public, to prepare myself and the parties to better understand the dispute. I often conduct pre-mediation conferences to get a feel for the parties and their needs and their expectations for the process. During the mediation, I initially focus on a better understanding of the important details of the dispute and the interests of the parties before switching to working with the parties to develop the path to resolution.

Proficient in all Microsoft Office products and similar open source office products. Frequently utilize Zoom, Google Meet, and Microsoft Teams for videoconference hearings and mediations. Also proficient in e-discovery software operations, having utilized a handful of different platforms in litigation practice. Also proficient in using AI to streamline the ADR process.

University of Oregon (JD-1996); University of Washington (BS, History-1994).

Admitted to the Bar: California (2012), Montana (1999), Idaho (1998), Washington (1997), Oregon (2021); U.S. Court of Appeals: Ninth (2000) and Federal (2003) Circuits; U.S. Court of Federal Claims (2004); multiple federal district courts (Washington, Idaho, California, Montana).

Washington State Bar Association (Construction Law Section; ADR Section); Idaho State Bar Association; Montana State Bar Association (Construction Law Section); California State Bar; Oregon State Bar; Spokane County Bar Association; American Bar Association (Forum on the Construction Industry; Section of Public Contract Law; Dispute Resolution).

Publications: "Inspection, Acceptance, and Warranty," Ch. 22, WASHINGTON CONSTRUCTION LAW DESKBOOK (2019) (co-author). Speaking Engagements: "Ethics in Alternative Dispute Resolution," WSBA CONSTRUCTION LAW SECTION (March 2019) "The Path to Project Closeout," WSBA CONSTRUCTION LAW SECTION (June 2018) (co-presenter) "Insurance in the Construction Setting,” WSBA CONSTRUCTION LAW SECTION (April 2014) "Ethical Issues in Pass-Through Claims,” WSBA CONSTRUCTION LAW SECTION MID-YEAR (June 2010) "Claims/Litigation and Alternative Dispute Resolution" and "Change Order Issues,” WASHINGTON CONSTRUCTION ISSUES, (Lorman Education Services, March, 2001; March, 2002; March, 2003; March, 2004; May, 2005) "Claims Against Public Works Bonds on Federal Projects,” CONSTRUCTION LIEN LAW IN WASHINGTON, (Lorman Education Services, June, 2000 and June, 2001) "Construction Issues in Purchase and Sale Agreements,” REAL ESTATE TRIPS AND TRAPS (Idaho State Bar, February, 2005) "Construction Law Issues Including Warranties, Hold Harmless and Indemnity Agreements and Other Remedies,” RELIEF FROM YOUR LITIGATION HEADACHES, (Washington Defense Trial Lawyers, March, 2002) "Contract Documents and Construction Law,” AGC SUPERVISORY TRAINING PROGRAM (Inland Northwest AGC, February/March, 2000) "Design-Build in Public Works Contracting,” CONSTRUCTION MANAGEMENT/DESIGN-BUILD IN WASHINGTON (Lorman Education Services, December, 2003) "Design-Build in the Federal Sector,” "Surety Bond Claims (Design-Build Projects)", and "Comparing Standard Forms for Design-Build Agreements,” DESIGN-BUILD IN WASHINGTON (Lorman Education Services, September, 2004). "Dispute Resolution" and "Project Delivery Methods and Systems,” THE FUNDAMENTALS OF CONSTRUCTION CONTRACTS (Lorman Education Services, July, 2005; December, 2008) "Killer Clauses in Construction Contracts,” CONSTRUCTION LAW YEAR END (WSBA Construction Law Section, December, 2005) "Legal Relationships in Design-Build and Construction Management,” CONSTRUCTION MANAGEMENT/DESIGN-BUILD IN IDAHO (Lorman Education Services, May, 2006) "Private Lien Claims and Public Works Bond Claims (Idaho),” CONSTRUCTION LIEN LAW (Lorman Education Services, April, 2007) "State of Idaho Lien Laws,” CONSTRUCTION LIENS, CLAIMS & RETAINAGE (Inland Northwest AGC, March, 2000) Numerous in-house seminars relating to construction industry topics.

Spokane, Washington Coeur d'Alene, Idaho

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Rate applies to and includes professional time expended for study, preparation, settlement negotiations, subsequent correspondence (letters, emails or facsimiles), conferences (telephonic or in person), conflict evaluation, and all other time expended in the ongoing delivery of services. Travel time for any travel over 1 hour is billed at the stated rate. Expenses, if any, are billed at cost.

English

United States of America

Spokane, Washington