Cory Haller

Cory Haller

Cory Haller practices in Stoel Rives’ Construction and Design group and assists clients with all aspects of the construction and design process, including: bidding, procurement, drafting construction-related contracts, and filing and challenging claims against real property and performance bonds. He has represented airports, municipalities, a state transit authority, nonprofits and other entities in construction-related litigation, including breach of contract and construction defect matters.

 

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Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.

Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out of ADA violations caused by the designer and contractor of a transportation facility. See City of Los Angeles v. AECOM Services, Inc. (here). This decision … Continue Reading

Public Private Partnerships Provide an Opportunity to Leverage Private Sector Expertise and Financing for Public Benefit

Creative solutions will likely be required to bridge the gap between the cost of addressing growing infrastructure needs in the U.S., currently estimated at $4 trillion, and the amount of available public funding.  One increasingly popular possibility involves supplementing public funds with private financing through agreements that allow for greater private sector participation in the … Continue Reading

The Devil is in the Details: Contractual Additional Insured Requirements

Owners frequently require their contractors to name them as additional insureds. Owners and contractors often include requirements seeking to have the obligation to name them as additional insureds “flow down” to parties with whom they lack a direct contractual relationship (e.g., subconsultants, subcontractors, and suppliers).  Despite the simplicity and appeal of this arrangement, contractual additional … Continue Reading

Joint Venturers Must Venture Carefully

There are good reasons to partner with other designers or contractors–even competitors–on construction and design projects.  Perhaps such a collaboration gives you access to new geographical or industry markets, or enables you to take on a project of broader scope.   A joint venture arrangement is a straight-forward way to collaborate in such instances.  However, there … Continue Reading

Negotiating by a Thousand Texts: LOL? Think Again.

The law may be slow to evolve, but courts are beginning to embrace 21st century communication methods.  The prospect of negotiating a deal by text message may seem like a laughing matter, but a Massachusetts court recently relied on parties’ email and text communications to determine the essential elements of an agreement for the sale … Continue Reading

“Without Performance Specifications, Green Building Can LEED to Disputes

It’s been more than 20 years since the LEED standard was introduced, and green building has now become a significant percentage of new U.S. commercial real estate construction.  The benefits of green building techniques and products have made LEED certification a hot commodity and changed the construction industry.  But there are also risks involved if … Continue Reading

“From, For, and Against”: What’s the Difference?

Indemnity provisions are often among the most negotiated and least understood provisions of commercial contracts, and construction contracts are no exception to this rule. Despite, and perhaps because of, the importance of these clauses, they have evolved into an almost impenetrable jumble of legal terminology. This jumble of words is not, however, without meaning. Although … Continue Reading

Think all Oregon construction defect claims are governed by the same 10-year statute of repose? Think again.

In Shell v. Schollander Companies, Inc., the Oregon Supreme Court affirmed a line of appellate decisions distinguishing between defect claims arising out of construction performed for an owner and defect claims arising out of an owner’s purchase of an existing structure.  In Schollander, the homeowner sought recovery for defects in the construction of a spec … Continue Reading

New Year Brings New Obligations for Employers

In addition to streamers and fireworks, the new year is occasioned by another tradition:  new laws.  Several new laws affecting Oregon contractors and developers took effect on January 1, 2016. Paid sick leave:  Most Oregon construction employers must now provide employees with one hour of paid sick leave for every 30 hours worked.  Employees must … Continue Reading

Take Care in Reaching for Deep Pockets: Don’t Let Insurance Companies Off the Hook When Drafting Settlement Agreements in Construction Defect Cases

It will happen to almost every contractor at some point — an owner or project developer will try to sue you.  Hopefully your insurer agrees you are covered, and you’ve dodged a bullet. But if your insurer tells you that you are not covered, things get sticky.  One common strategy is for the parties to … Continue Reading

The Jury’s Out: AAA Issues New Construction Industry Rules Expanding Powers of Arbitrators

There are inherent risks in proceeding to trial by jury. Juries are often unpredictable, and civil litigation also requires extensive discovery and motions practice, which can delay resolution and increase uncertainty and costs. Arbitration has long been accepted as the answer to these problems. But the changing nature of disputes, increasing costs and inefficiencies have … Continue Reading
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