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Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in the United States began enacting statutes giving builders lien rights to secure payment for their…

Getting construction underway before a contract is signed can feel like a practical necessity in fast-paced projects. But what seems like progress can create unintended legal and operational risks. Modern construction agreements are detailed documents that define scope, risk allocation, insurance, compensation, and dispute resolution. When work begins without those terms firmly in place, parties…

Insurance is meant to serve as a safety net for any construction project. But too often, that net has holes—some visible, many not. From ambiguous endorsements to missing documentation, small oversights can lead to major coverage gaps when a claim hits.

After decades of reviewing policies, litigating claims, and helping clients manage project risk, one…

Originally published to the Oregon Daily Journal of Commerce on December 18, 2025

Contractors and design professionals are rapidly incorporating artificial intelligence (AI) technology into their work. We construction lawyers are striving to keep up with the breakneck pace of technological adoption and evolution and develop ways to protect against emerging risks.  During this period…

Mediation doesn’t just turn on contracts, case law, or the strength of your facts. Just like “dark matter” shapes the universe without being seen, unseen forces often shape the outcome of settlement talks.

After years of helping clients resolve disputes, one thing is clear: if a party’s position seems illogical based on the visible merits…

Litigation isn’t top of mind at the outset of a construction project, but smart contracting means planning for it anyway. Early in the process, parties can build contractual terms that anticipate potential disputes and help reduce costs and headaches down the road.

Contracts offer more than promises about deliverables—they’re an opportunity to set the rules…

Construction contracts are rarely “standard”—and even routine-looking terms can carry major consequences when something goes wrong. After two decades of resolving construction disputes, one pattern is clear: overlooked clauses at the signing table often resurface as major problems in litigation.

Among the most frequently misunderstood is the third-party beneficiary (TPB) clause. This seemingly minor provision…

Labor shortages in the construction industry are an increasingly pressing issue—particularly for large-scale infrastructure and technology projects where schedule and budget performance are critical. While recent attention has focused on material costs and supply chain disruptions, a tightening labor market may prove equally disruptive.

An aging workforce and diminished interest in the trades drive scarcity…

Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect.

While LOL clauses can shield design professionals…