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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 latest Daily Journal of Commerce Construction column, I discuss Oregon’s Employer’s Liability Law or the ELL, workers’ compensation and why the Oregon legislature should take another look at these piecemeal laws. As it stands, the party with the greatest culpability may not pay anything for the injuries they cause.

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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.

Read the full article here.

“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 recent article, “Provision Providing for Early Accrual of Statute of Limitations Held Inapplicable,” I discuss the Oregon Supreme Court’s reversal of a trial court’s decision that, by the terms of the parties’ contract, plaintiff’s tort claims accrued on the date of substantial completion and were time-barred.

Read the full article, here.

“Provision…

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 some the potential risks for project teams to consider when drafting construction agreements under the current version of the LEED building rating program (3.0).  Version 3.0 provides for Minimum Program Requirements ("MPRs") which a project must comply with to be certified under the LEED…

A question left open in Stoel Rives’ recent Washington lien law treatise relates to the lien rights of employee benefit plans. The rights granted in RCW 60.04.011(4) (where benefit plans are included in the definition of “furnishing labor”) were called into question by two Washington Supreme Court decisions barring employee benefit plans from pursuing lien-like…