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
Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join me and my Stoel colleagues Zachary Davis, John Dudrey, and Mario Nicholas who will be presenting at the 30th Annual Oregon Construction Law Seminar, hosted by The Seminar Group, on Thursday
Why Understanding Liens is Important
Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction liens is essential for disparate parties involved in private construction since liens, as security interests, can significantly impact payment rights and property title. Ignoring lien
Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature.
SB 426 addresses wage theft in the construction industry. If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits