Burns, Norman L.

David C. Burkett obtained his law degree from Harvard Law School in 1984, and his Bachelor's Degrees in History and Political Science, summa cum laude, from the University of Illinois in 1981. He is a member of several honorary associations, including Phi Beta Kappa. Mr. Burkett is admitted to practice in the States of Washington, Oregon, and Texas. Mr. Burkett has practiced construction and general business litigation in Seattle since moving here from Texas in 1987. Mr. Burkett has represented large national companies, contractors, design professionals, owners, small firms and individuals in disputes with private parties, the State of Washington and various municipalities. Mr. Burkett also has had an extensive and very successful appellate practice.

Appellate and Litigation Practice

American Discount Corporation v. Hi-Quality House of Pies, Inc.
Transformed a major loss into a major victory through appeal. Took over representation of seller of baking company after loss at trial to buyers, to appeal an award of lost profits to the buyers based on findings of sellers’ fraud and misrepresentation as to the assets and liabilities of the baking company. Court of Appeals reversed the lost profits award, which then allowed the sellers to recover substantial sums from the buyers.

Mendez v. Palm Harbor Homes, Inc.
Significant arbitration decision. Court held that Consumer Protection Act claims are arbitrable under an arbitration agreement.

Hensel Phelps Construction Co. v. King County
Contract provisions enforced to limit the availability of quantum meruit claims.

Fiorito Bros. v. State of Washington (Goose Gap)
Pre-trial motions used to produce directed verdict in excess of $1.2 million. These motions, which required thorough analysis of contract law pertaining to claim notice provisions, as applied to the WSDOT Standard Specifications, caused a Thurston County Superior Court judge to reverse his own colleague. This result was then successfully defended on appeal.

Ziegler v. Danielsen
Successful appeal of adverse possession judgment, based upon the failure to find fixed boundaries of the land claimed to have been adversely possessed.

Ongoing Litigation Practice
Represents businesses and individuals, in a wide variety of business, employment, and property disputes. The constant theme is the pursuit of cost effective dispute resolution, with an emphasis on settlement where possible or efficient arbitration or trial where settlement is not possible.

Business Practice:

Construction Contractor Representation
Ongoing representation of construction companies, with emphasis on proactive dispute prevention and resolution, accomplishing these goals through effective representation in contract negotiation and performance.

Business Formation
Forms corporations, limited liability companies and other such entities, for a variety of businesses. Representative types include construction companies, real estate development companies, and retail sales companies.

Real Estate Purchases and Financing
Ongoing representation of businesses and individuals to assist in the purchase and sale of real estate, ranging from commercial office buildings to personal residences.

Real Estate Leases
Ongoing representation of businesses and individuals to assist in the leasing of commercial real estate.

Corporate Acquisition
Represented publicly traded corporations in the acquisitions of a closely held technology companies. Key issues included non-competition and intellectual property rights protections