Real Estate and Construction Law Blog
Originally published to the Seattle Daily Journal of Commerce on August 11, 2026
Ending a construction contract can trigger significant legal and practical consequences for owners and contractors. This article examines the risks that can arise when project participants decide to terminate or separate, including the differences between mutual separation, termination for cause, and termination…
As construction projects increasingly rely on specialized or international suppliers, project teams should evaluate more factors than pricing and product availability. Overseas vendors can offer significant advantages, but they may also introduce legal and practical challenges that become difficult to manage if problems arise.
When disputes involve foreign suppliers, resolving issues like delayed deliveries, defective…
Data center construction projects involve more than delivering complex technical infrastructure on an accelerated schedule. Owners, developers, contractors, and design professionals must navigate legal and contractual issues that can affect project performance, increase costs, and lead to disputes throughout the project lifecycle.
From performance-based specifications and schedule delays to equipment procurement challenges and commissioning requirements…
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…
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 often loaded with industry and legal jargon, making them tough for nonlawyers to understand. Even though there’s a push for simpler legal language, lawyers are hesitant to let go of traditional terms. This reluctance means complex legal language will likely persist in construction contracts.
Commonly Misunderstood Legal Terms in Construction Contracts:
Pro…
Key Considerations in Subcontract Negotiations
Negotiating subcontracts presents challenges for both general contractors and subcontractors. General contractors must balance responsibilities to owners and subcontractors while managing risk. Subcontractors, often with limited negotiation power, should focus on key risk-shifting provisions.
Prime Contract Role
Subcontracts often include “flow down” clauses, requiring subcontractors to assume general contractor obligations.
As the multifamily market rebounds (hopefully) in 2025, potential new tariffs on materials like steel, lumber, and appliances are raising concerns for developers and contractors alike. Many clients question how to address price escalation risks arising from tariffs in their standard fixed price (FP) and guaranteed maximum price (GMP) contracts, including under changes-in-law clauses, allowances…
The new RCW 39.04.360, effective June 6, 2024, outlines protections and payment assurances for contractors, subcontractors, and suppliers involved in public and private construction projects in Washington. This statute mandates timely issuance of change orders for undisputed additional work, imposes interest on delays, and clarifies the rights of aggrieved parties to seek appropriate relief, including…
Bringing a construction project to fruition involves significant risks to project owners, designers, and contractors. Many of those risks will be allocated in the parties’ contracts, in turn requiring those parties to obtain insurance and further allocating risks to insurance companies. Several commonly used insurance policies are at the heart of any construction project insurance…
