Anthony R. Scisciani III

Tony represents local, regional, and national clients in a broad range of matters arising from the development, construction, remediation, and renovation of residential, commercial, mixed-use, and government projects. His construction litigation practice spans a wide array of disputes, including:

• Construction defect claims

• Nonpayment and lien disputes

• Delay claims

• Worksite injury matters

• Product defect litigation

• Professional liability claims

• Environmental liability under the Model Toxics Cleanup Act (MTCA)

Beyond litigation and claim resolution, Tony serves as a trusted advisor to construction clients navigating risk in their day-to-day operations. He counsels clients at every stage of a project — from pre-construction planning through project closeout — helping them anticipate and mitigate potential exposures before disputes arise.

Tony stays at the forefront of developments shaping the construction industry, monitoring claim trends and legislative changes that affect his clients. He currently serves as Chair of the Construction Section of the Washington Defense Trial Lawyers (WDTL) and is a frequent speaker at national seminars and client-facing training sessions.

Tony also represents clients in complex general liability matters, with a particular focus on catastrophic injury and disputed liability cases. Whether pursuing resolution through settlement negotiations, arbitration, or trial, Tony leverages his extensive experience — including hundreds of depositions of both fact and expert witnesses — along with the full range of discovery tools to advance his clients’ positions and drive disputes toward resolution.

His general liability practice encompasses a broad spectrum of matters, including:

• Automobile, trucking, and transportation accidents

• Motorcycle, bicycle, and pedestrian accidents

• Premises liability

• Fire loss

• Event host liability

• Trespass and timber trespass

• Foreclosure and related property preservation

When urgent situations arise — such as a fire, serious accident, or other critical event — Tony provides immediate response assistance, coordinating with the appropriate experts and overseeing the preservation of key evidence to protect his clients’ interests from the outset.

Bar Admissions

• Oregon
• Washington

Court Admissions

• Supreme Court of Oregon
• Supreme Court of Washington
• United States Court of Appeals, Ninth Circuit
• United States Court of Federal Claims
• United States District Court, District of Oregon
• United States District Court, Eastern District of Washington
• United States District Court, Western District of Washington
• United States Supreme Court

Education

• Case Western Reserve University School of Law (J.D., with honors)
• University of Richmond (B.A.)

Languages

French

Awards & Recognition

• The Best Lawyers in America^®, Litigation – Construction (2027)
• Washington Super Lawyers^® (2020-2026)
• Washington Super Lawyers^®, Rising Star (2006-2007, 2010-2012)
• Washington Defense Trial Lawyers, Associate of the Year (2005)

Representative Experience

• Obtained summary judgment in Whatcom County (WA) in favor of general contractor client in case against subcontractor, after client was sued by property owner as a result of the subcontractor’s defective work. Subcontractor refused to defend or to help with the resolution of the property owner’s claim. Our client settled the property owner’s claim and filed suit against the subcontractor. Trial court awarded client entire amount of settlement, plus interest and attorneys’ fees (over $800K) under theory of breach of contract and indemnity
• Obtained defense verdict in Chelan County (WA) jury trial in case involving allegedly failed retaining wall at a house constructed on a steep slope near Lake Chelan. Client was a subcontractor excavator and the trial involved presentation of testimony from many different experts, including geotechnical engineers, structural engineers, architects and general contractors. Jury agreed that our client did not breach his contract and was not negligent
• Obtained directed verdict following presentation of plaintiff’s case at jury trial in Benton County (WA) in case involving fall by plaintiff through second-story, temporary fall protection barrier. Plaintiff alleged client framing subcontractor had failed to properly install the barrier
• Obtained verdict in King County (WA) as lead counsel for client general contractor – for full recovery of over $4.0 million (plus attorneys’ fees, costs and interest) for construction services rendered during Phase I of a well-publicized West Seattle project Assisted the client during construction, including recording the lien that served to preserve client’s claim. Trial involved issues of breach of contract and lien foreclosure. Through post-trial motions related to the Consumer Protection Act and the Uniform Fraudulent Transfers Act, obtained ruling allowing for piercing of two (2) levels of corporate veils to allow for collection of judgment from defendants in their personal capacity
• Obtained favorable settlements for client on two (2) Seattle-area, public infrastructure improvement projects. In each instance, the client sought payment of retention and other amounts due under its contract after completion of its work. Such a settlement required reconciliation of counter-claims for delay and breach of contract
• Extensive litigation to leverage successful settlement of claim construction of a large, multi-use project in Seattle. Claim involved non-payment of international general contractor client, as well as counter-claims by developer/owner for delay and construction defect. Total amount in controversy was over $6.0M
• Obtained jury verdict in King County (WA) in precise amount of last pre-trial settlement offer, in defense of severe construction injury case against general contractor client
• Assisted regional builder/developer with improvement of contracts used with subcontractors and material suppliers, as well as enhancement of operations practices to avoid liens, litigation and other issues that could delay eventual property sales
• Obtained jury verdict in Yakima County (WA) in an amount that was less than 15% of plaintiffs’ claim for damages in “wrongful foreclosure” and trespass case
• Obtained summary judgment dismissal of client in construction defect case based on statute of limitations for claims against dissolved limited liability companies. Dismissal affirmed on appeal to Washington Court of Appeals (Division 1)
• Obtained summary judgment dismissal of client (and all remaining claims against all other defendants) in construction defect case based on lack of evidence to support breach of contract claims
• Obtained summary judgment dismissal of attorney client involved with foreclosure of property after default on his client’s private loan. Dismissal affirmed on appeal and, eventually, the Supreme Court of the United States denied our opponents’ Petition for Review (ending the case in our client’s favor)

*Each case is different and prior results should not create an expectation about results in an individual case.

Previous Professional Experience

• HWS Law Group LLP, Managing Partner, Seattle, WA & Portland, OR

Professional Memberships and Activities

• Claims and Litigation Management Alliance (CLM) Seattle Chapter
  • President (2020 – 2021)
• Washington State Bar Association
• Oregon State Bar Association
• American Bar Association
• King County Bar Association
• Washington Defense Trial Lawyers Association