Complex construction projects carry complex problems as they approach completion. In my recent article for the Daily Journal of Commerce, I address 10 potential pitfalls that owners, contractors and design professionals may encounter, and I offer tips to help you prepare for them.
Read the full article here.
“Finishing Strong vs. Finishing Wrong:
When terminating a contract, you want to have a high degree of confidence that termination is justified and done properly. In my recent Daily Journal of Commerce Construction column, I outline 10 important considerations in navigating this high-risk terrain.
Read the full article here.
“10 Important Termination Considerations” was originally published on Feburary 20,
In my recent article, “If You Build It, They Will Come,” I discuss the five keys of project risk management that contractors must take into consideration in the wake of the Great Recession.
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“If You Build It, They Will Come,” was originally published on January 16, 2015 by the
In my recent article “Put in Writing When the Clock Starts Ticking,” I discuss how varying intrepretations statue of limitations can affect your business. Setting your own time limits on claims in your construction contracts can help you manage risk.
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“Put in Writing When the Clock Starts Ticking” was
When preparing construction and design contracts it is not uncommon for parties, in their haste, to cut corners in regards to legal formalities. To do so, however, can bring unexpected legal risks.
In the latest issue of the Daily Journal of Commerce, I discuss some of the categories of legal formalities in which all
In my latest Daily Journal of Commerce Construction column, I discuss six important issues an owner should keep in mind during a busy development project. Taking time to manage all the details related to the performance of its contractor or designer can be critical to a project’s success
Read the full article at: www.stoel.com/publications
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The Idaho Supreme Court recently determined in Idaho Power Company v. New Energy Two, LLC, No. 40882-2013 (Idaho June 17, 2014), that the Idaho Public Utilities Commission has jurisdiction to interpret or enforce contracts when given the authority by the parties. In May 2010, IPC and the defendants entered into two energy contracts that were to be completed by a date certain. In advance of the operational dates, the defendants notified IPC of events they claimed were force majeure. Markedly, the defendants’ claim was that the decision-making process of the PUC itself, or the alleged lack thereof, was the force majeure event causing lenders to be “unwilling to lend in Idaho pending the outcome” of the PUC proceedings. IPC filed petitions with the PUC seeking a ruling that there was no force majeure event(s), and that IPC could terminate the contracts. The defendants filed a motion to dismiss that was denied, and the Idaho Supreme Court heard the issue on a permissive appeal.
In my latest Daily Journal of Commerce Construction column, I discuss insurance jargon in contracts and use Commercial General Liability or “CGL” policies as an example. The terms “bodily injury,” “personal or advertising injury,” and “property damage” all have specific meanings in CGL policies. Since this language is not always intuitive, it is best to
In my latest Daily Journal of Commerce Construction column, I discuss Oregon’s new 5% retention rule. Parties negotiating construction contracts should stay mindful of how the new retention provisions may force changes to other contract and how such changes may affect all parties throughout construction of the project.
Read the full article at the Daily Journal
Residential and non-residential contractors in California have been waiting for the new California energy-related regulations to be issued for the January 1, 2014 compliance deadline. Although many became effective on January 1, delays in the software performance compliance programs by the California Energy Commission required that additional time be provided for contractors to obtain and