John V. Leary

Senior Counsel

  • Office Contact Info
  • Biography

    Since 2005, Mr. Leary’s practice has focused on construction law with an emphasis on claim preparation, litigation and dispute resolution for construction industry clients on public and private projects. He has substantial experience in mediation, arbitration and litigation representing owners, prime contractors, subcontractors and suppliers. His areas of expertise include contract drafting and negotiation, project performance disputes, delay and impact claims, mechanic’s liens, bond claims, stop notices, and prompt payment issues. He is experienced in public procurement matters, including competitive bidding and bid protests, requests for equitable adjustment, and pursuing contract claims and appeals before the Boards of Contract Appeals.

    Mr. Leary also counsels small businesses and individuals in commercial and corporate matters, including business formation and planning, contract drafting and negotiation, and licensing. He represents digital media entrepreneurs and IT consultants in contract negotiations, deal making and dispute resolution. He also assists clients on real estate, employment and franchise law issues.

    Prior to 2005, Mr. Leary split careers working as an attorney in Los Angeles, California and as a nonprofit advocate/executive director in Washington, D.C. and Seattle, Washington. His non-profit work focused on environmental issues and his California law practice focused on real estate, community redevelopment and eminent domain litigation.

    Admissions

    Washington
    California
    Nevada
    Utah 
    Idaho (currently inactive)
    U.S. District Court, District of Idaho
    U.S. District, Western and Eastern Districts of Washington
    U.S. District, Southern, Central and Northern Districts of California
    U.S. District Court, Nevada
    U.S. Court of Appeals, Ninth Circuit

    Memberships

    Washington State Bar Association, Construction Law Section

  • Practice Areas
  • Representative Experience
    • Plaintiff’s counsel for subcontractor’s federal Miller Act payment bond claims (for change and extra work, plus delay and impact costs) on a fuel system project at the Marine Corps Air Station in Yuma, Arizona. Negotiated a settlement for a 100% recovery for the client.
    • Represented Clark County Department of Aviation in an action against the architect for defective design of a construction project at McCarran International Airport in Las Vegas, Nevada. Negotiated a favorable settlement at mediation by which the architect and its insurer agreed to pay the County $600,000.
    • Represented the engineer/designer in a lien foreclosure action on a mega-residential development project in Henderson, Nevada. Successfully briefed and argued a summary judgment motion affirming the client’s lien validity and amount. Co-counsel on successful appeal to Nevada Supreme Court (Opinion dated 9/21/2015, currently unpublished), winning reversal of the lower court’s final order concerning lien priority over the project lender’s deed of trust.
    • Defended a prime contractor against a concrete subcontractor’s $564,000 claim on a large “big-box retail” remodel and expansion project. After deposing the subcontractor, negotiated settlement at less than 5% of the original claim.
    • On plaintiff’s attorney team representing the electrical subcontractor for the baggage handling system at McCarran International Airport Terminal 3. Pursued complex claims totaling over $11m for pending change orders and labor impacts before an international arbitration panel, including claims for contract abandonment and cardinal change. The matter concluded in a favorable negotiated settlement.
  • Education

    Education

    J.D., University of Oregon School of Law, 1987

    • Editor, Oregon Law Review
    • Editor and Founding Member, Journal of Environmental Law and Litigation

    B.A., History, University of California Los Angeles, 1983

    • Rowing Team, Lightweight Varsity, 1980-82

    Clerkship

    Judicial Clerk, Hon. Alan M. Schwartzman, Idaho District Court (1987-88)

  • Meet Me

    What do you enjoy most about your practice?

    I enjoy the daily intellectual challenge of applying the law to solve problems. I get satisfaction from solving our client’s legal issues and achieving good results.

    What is the secret to obtaining successful trial results?

    There is no secret. Success comes mostly from careful preparation. Designing and implementing a winning pre-trial strategy comes first, then comes knowing the case inside and out and preparing the testifying witnesses. Last but not least, be prepared for the unexpected.

    What are your favorite pastimes when you are not practicing law?

    Playing soccer (and cheering for my teams: the Sounders, Liverpool, Shalke04 and Barcelona), and enjoying active time outdoors in the beautiful Pacific Northwest and traveling to an ever-growing bucket list of world destinations with my wife and son.