Construction

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Subcontractor default is a construction project nightmare that can result in significant additional costs and delay completion of the project. But there are two chief options to protect against such risks — performance bonds and subcontractor default insurance.  In my recent article for the Daily Journal of Commerce, I outline the unique characteristics of …

Developing public projects in Oregon requires an understanding of the Oregon Public Contracting Code and the complexities of procurement requirements. In my recent article for the Daily Journal of Commerce, I discuss four facets of public contracting that can help you successfully navigate the procurement terrain.  Read the full article here.

“Public Contracting…

The increasing presence of liability waivers in construction and design contracts is of concern to owners, general contractors and architects alike.  In my recent article for the Daily Journal of Commerce, I address a variety of clauses that limit liability and offer tips for negotiating more reasonable conditions and limits.  Read the full article …

There are inherent risks in proceeding to trial by jury. Juries are often unpredictable, and civil litigation also requires extensive discovery and motions practice, which can delay resolution and increase uncertainty and costs. Arbitration has long been accepted as the answer to these problems. But the changing nature of disputes, increasing costs and inefficiencies have…

Many development projects have a federal connection — such as a federal permit or grant — that triggers compliance with Section 106 of the National Historic Preservation Act.  Section 106 requires the approving federal agency to assess the impacts of the development on properties that are listed or eligible for listing on the National Register…

In the haste to get design and construction moving on real estate projects, one may lose sight of important lien priority issues when negotiating and executing contracts. In my recent article for the Daily Journal of Commerce, I discuss a notable Washington appellate case that addresses a lien priority issue in the context of…

Design-build is growing in popularity with public owners. But it presents challenges and potential pitfalls for the unwary. In my recent article for the Daily Journal of Commerce, I address some of those challenges and pitfalls and offer considerations that go into a successful design-build project.  Read the full article here.

“An Introduction…

On May 6, 2015, the Design-Build Institute of America (“DBIA”) released a suite of new bond forms prepared specifically for design-build projects.  According to DBIA’s press release, the forms were co-authored by designers and builders and have been endorsed by two surety industry groups.  As with any industry template form, consultation with an attorney is…

Contractors often have limited liquid assets, so insurance and bonding are often the best resources available to an owner to protect against contractor default or defective work. However, not all policies and bonds are created equal, and owners should make sure these resources provide the security the owner needs. In my recent article for the…

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:…