Tag: Litigation

Oregon Court of Appeals’ Decision: Contractor Cannot Terminate Its Subcontractor To Offset Costs

In my recent article, "Contractor Not Entitled to Setoff Costs of Repairing Subcontractor’s Defective Work," I discuss the Oregon Court of Appeals’ decision that a contractor cannot terminate its subcontractor for convenience and setoff costs incurred in repairing the subcontractor’s defective work (affirming the trial court’s decision). Read the full article, here. "Contractor Not Entitled … Continue Reading

LEED-igation: Fact or Fiction?

While many in the Pacific Northwest claim to have seen Sasquatch or Bigfoot, few have any evidence to substantiate the existence of this fabled creature. Regardless, hope rings eternal for some that one day this beast will be catalogued as a genuine, albeit elusive, example of the “missing link” between man and ape. Applying this … Continue Reading

May a Contractor Sue the Owner’s Lender?

In my latest Daily Journal of Commerce Construction column, I discuss the issue of whether a contractor may sue a lender. This occasionally arises when a project’s owner runs into trouble and the construction lender stops funding. The argument that is occasionally advanced is that the lender knew the contractor had started work and, if … Continue Reading
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