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Mark Twain once said, “everybody talks about the weather, but nobody does anything about it.”  In my latest article in the Daily Journal of Commerce, I argue that, in fact, owners and contractors have a chance to do something about the weather when they write their contracts.

Incorporating a contingency amount into a work…

On September 20 & 21, 2012, The Seminar Group will present its 17th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking at the seminar about frequently negotiated provisions in owner-contractor and owner-architect agreements, including waivers of consequential damages, indemnification, insurance, warranties and claims. Two additional Stoel Rives’ partners will be speaking…

The Third District Court of Appeal in Cal Sierra Construction, Inc. v. Comerica Bank (Cal. App., May 31, 2012, No. C060707) 2012 Cal. App. LEXIS 641 (Cal Sierra), determined that lenders were precluded from enforcing property owner rights though a motion to release the mechanic’s lien and stop notice.  The court distinguished the…

In my recent article “Evolving Concepts of ‘Fairness’ in Construction Contracts,” published in the Daily Journal of Commerce, I outline the key battlegrounds in redefining a ‘fair’ construction contract. From limited liability to contractors signing waivers and claim releases, this article provides the foundation for understanding the evolving complexities in construction contracts. 

To read more, …

A California appellate court has clarified for public owners and contractors (a) what the results may be if the owner does not timely sign a change order and (b) under what circumstances a change order is required. In G. Voskanian Construction, Inc. v. Alhambra Unified School District, No. B221005 (Cal. Ct. App. Mar. 29, 2012)…

In my recent article “You Can’t Make This Stuff Up: The Human Condition Meets Construction Law,” published in the Daily Journal of Commerce, I outline the bizarre, seemingly impossible litigation matters of the Construction and Design business. The article touches on a variety of past cases, including an employee stabbing himself in the eye during…

Oregon’s legislature recently changed ORS 279C.110 to require all public agencies, both state and local, to use qualifications as the basis for awarding contracts for architectural, engineering, photogrammetric mapping, transportation planning and land surveying services.  Before the change, local contracting agencies could use price as a basis for award but state agencies could not.  Once…

I previously told you about some upcoming Seattle tunneling projects. Here now is a link to artist renderings of the new SR 520 floating bridge project, which will raise the existing bridge up above the pontoons, making space for maintenance works and storm water treatment and fire suppression utilities underneath: www.flickr.com/photos/wsdot/6871707294/in/set-72157629307832804/

 

The photo site has…

In an article recently published in the Daily Journal of Commerce entitled “General Contractors: How’s Your Subcontract?,” I address five questions that general contractors should ask about their subcontracts. By definition, general contractors are caught in the middle between their owner-clients and their subcontractors—owners hold them responsible for their subcontractors’ work, so they must ensure…