Biography
Eileen McKillop represents owners, developers, general contractors, subcontractors, material suppliers, and product manufacturers on a variety of issues, including personal injury, professional liability, property damage, product liability, exposure to chemicals and toxins including fiberglass insulation and asbestos, storage tank leaks, and claims involving the Model Toxics Control Act and the Comprehensive Environmental Response Compensation and Liability Act.
Eileen’s construction clients benefit from her experience and knowledge of the many phases of construction projects, including drafting and reviewing contracts, bid protests, delay claims, cost overruns, termination for cause, key contract and statutory provisions unique to public works, payment and retainage bond issues, multi-party construction defects, mechanic’s liens, Department of Labor and Industries’ notices to withhold, surety, Owner Controlled Insurance Policies (OCIPs), and builders risk and commercial general liability insurance coverage.
A highly-experienced litigation attorney, Eileen has handled hundreds of complex civil litigation cases through trial and resolution. While she has an exceptional reputation in the courtroom, Eileen offers added value to her clients by providing them with an early and realistic evaluation of their cases. She knows when trial is necessary and when alternative tactics can bring matters to a quick resolution without the expense, time, and resources that going to trial entails. She is skilled at recognizing early warnings to help her clients avoid litigation before it begins and regularly provides counseling and seminars on litigation prevention to the construction industry regarding key construction provisions, insurance coverage, and management of OCIP policies.
Eileen is known by clients, peers, and even judges for her professional demeanor, diplomacy, and unwavering legal ethics.
Professional Expertise
- Obtained a dismissal of a general contractor’s claims against its subcontractor after its certificate of formation was cancelled and it was no longer a legal entity entitled to pursue any claims. Chadwick Farms Owners Ass’n v. FHC, LLC, et al, 166 Wn.2d 178, 207 P3d 1251 (2009)
- Obtained a dismissal of a Condominium Homeowners Association’s claims against a developer/general contractor under Washington’s Condominium Act after its certificate of formation was cancelled. The Supreme Court ruled that a cancelled limited liability company is no longer a legal entity under Washington’s Limited Liability Company Act and cannot sue or be sued. Emily Lane HOA v. Colonial Development, LLC, 163 Wn.2d 1022, 185 P.3d 1194 (2008)
- Obtained a dismissal on summary judgment of a toxic mold claim which the plaintiffs alleged caused one son to develop terminal brain cancer and die. The Court of Appeals affirmed summary judgment on the merits and refused to consider retroactive application of the Supreme Court’s precedent in Davis v. Baugh Industrial Construction. Rusing v. Skeers Construction, Inc., et al, 2008 WL 62564 (January 2008)
- Obtained a dismissal on summary judgment of a roofing subcontractor in a $500,000 dollar action based on Washington’s Limited Liability Companies Act. Maple Court Seattle Condominium Ass’n v. Roosevelt, LLC, et al, 139 Wn.App. 257, 160 P.3d 1068 (June 2007)
- Obtained a dismissal on summary judgment based on the corporate dissolution statute. The plaintiff appealed and obtained a dismissal of the appeal as untimely under RAP 2.4(b)(1), and a reversal of the Court Commissioner’s orders denying my client’s motion to dismiss and motion to modify. Ron & E Enterprises, Inc. v. Carrara, LLC, 137 Wn.App. 822, 155 P.3d 161 (April 2007)
- Obtained a dismissal on summary judgment of a developer/general contractor in a $1.4 million dollar action based on Washington’s corporate dissolution statute. Ballard Square Condominium Owners Association v. Dynasty Construction Co., 146 P.3d 914 (Nov. 2006)
- Obtained a reversal of the trial verdict and dismissal of the plaintiff’s claims on appeal. Francalangia v. 603 Fifth Ave., LLC, 123 Wn.App. 1059, Not Reported in P.3d 2004 (view waiver in purchase and sale agreement was enforceable under Chapter 64.34 RCW)
Education
- University of San Diego School of Law (J.D., 1991)
- Seattle University (B.A., magna cum laude, 1988)
Bar Admissions
Courts
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Western District of Washington
- U.S. District Court for the District of Oregon
Professional Affiliations
- National Association of Women in Construction
- National Society of Professional Engineers
- Design-Build Institute of America
- Women in Transportation
- Commercial Real Estate Women Seattle & Sound
- Washington State Bar Association, Construction Law Section
- Master Builders Association of King and Snohomish Counties
- King County Bar Association
- Oregon State Bar Association
- American Bar Association (ABA)
- Washington Defense Trial Lawyers Association, Construction & Product Liability Committees
- Associated General Contractors, Legal Affairs Committee
Presentations
- “Laying the Groundwork for Construction: New Legal Developments,” Construction Law From Design to Delivery Seminar (2017)
- “The NLRB’s New Controversial Decision Regarding Who Is a ‘Joint Employer’ and How It Could Dramatically Alter the Contractor-Subcontractor Relationship,” Lane Powell and Propel Insurance Construction and Insurance Seminar (2015)
- “OCIPs, CCIPs and Project Insurance — Designing the Best Insurance Program for the Project,” Lane Powell and Propel Insurance Construction and Insurance Seminar (2015)
- “Public Works Projects: Best Practices and Tips for Avoiding the Land Mines,” Lane Powell Construction Seminar (2014)
- “New House Bill 1848, Contractual Indemnification Clauses, New Case Law Dealing with Corporate Dissolutions,” The Seminar Group (2005)