Diane
C.
Utz
Associate
T: (206) 204-5800
vCard
Seattle
dutz@wthf.com
Before beginning her law career, Diane Utz was a construction management professional and worked for highly regarded general contractors on both the regional and national levels. As her career developed, Diane's roles on projects included field engineer, office engineer, project engineer, and area superintendent, as well as project manager and estimator. The commercial projects on which she worked ranged in size from $1.5 million to $130 million and were located in various states including Indiana, Illinois, Colorado, California, Oregon, and Washington.
Additionally, Diane spent five years before law school as an in-house construction consultant in a Seattle law office where she developed her appreciation of construction litigation.
Representative Experience
- Represented a land surveyor in the defense of a breach of contract and negligence claim brought by property owner; claim dismissed by summary judgment.
- Represented home sellers in the defense of a breach of contract, negligent misrepresentation, and unjust enrichment claims brought by home buyers; claims dismissed for failure to state a claim upon which relief may be granted [CR 12(b)(6)].
- Represented a homeowner in the prosecution of a claim of breach of contract, fraudulent misrepresentation, fraud, and consumer protection act claims against plumber; awarded breach of contract and consumer protection act (treble) damages after mandatory arbitration.
- Represented a general contractor in the prosecution of a breach of contract claim to the Board of Contract Appeals; awaiting outcome.
- Represented a developer in the defense of a breach of contract claim brought by a general contractor; prepared for arbitration; settled in mediation.
- Represented a general contractor in the defense of 23 causes of action brought by homeowners arising out of alleged construction defects; 22 causes of action dismissed through dispositive motions or agreement; settled after mediation.
- Represented a general contactor in a wage and hour claim brought in Federal Court by a former employee; claim dismissed by summary judgment.
- Represented homeowners in the defense of a breach of contract claim brought by remodel contractor; settled.
- Represented a general contractor in the defense of a breach of contract claim brought by a homeowner for alleged construction defects; settled after mediation.
- Represented subcontractor in the prosecution of a breach of contract claim against a general contractor; settled.
Honors
- Washington Super Lawyers - Rising Stars - 2011
Memberships and Affiliations
- King County Bar Association
- Washington State Bar Association
- American Bar Association
- Forum on the Construction Industry
- Associated General Contractors of Washington
- National Association of Women in Construction
Publications and Presentations
- Speaker: "IPD & Potential Legal Pitfalls," NAWIC Puget Sound - Chapter #60, Membership Meeting, February 2012.
- Contributing Author:
Construction Law Update
, Aspen Publishing, 2010.
- Contributing Author:
Construction Law Update
, Aspen Publishing, 2009.
- Contributing Author:
Construction Law Update
, Aspen Publishing, 2008.