Stoel Rives is excited to announce the 2024 update of The Construction Lien in Washington: A Legal Analysis for the Construction Industry, first published in 2015. This comprehensive guide covers recent case law, statutory changes, and critical lien procedures. It serves as an essential resource for contractors, developers, attorneys, and other industry professionals navigating
From Lien to Clean: Addressing an Expired Lien in the Chain of Title
Expired construction liens can create unexpected headaches for property owners, even after they are no longer enforceable. These liens, while initially protecting contractors and suppliers, can linger in the property records and complicate transactions like sales or refinancing. Different states have varying processes for clearing these expired liens from the chain of title, ranging from
License to Build: The Importance of License Terms in Design Agreements
For all their exposure to the plans, drawings, and related design documents needed at all stages of a construction project, owners and contractors, as well as many highly experienced practitioners involved in development and construction disputes, are only vaguely familiar at best with the law that governs ownership and use of architectural works. Architectural drawings
On Notice: Why Notice and Claim Procedures in Construction Contracts Matter
Construction contracts generally outline when and how contractors should notify parties about potential claims for additional compensation and/or time. These provisions are intended to provide project stakeholders with the information necessary to address unforeseen circumstances and streamline claim resolutions within the project rather than resorting to legal actions. However, in some cases, the contract provisions
Can We Avoid Court? Construction Mediation Agreement Considerations
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on December 15, 2022.
A common feature of construction contracts is a clause requiring formal mediation of disputes relating to the project. Sometimes the clause is aspirational, merely “requiring” that the parties consider mediation. Other times, however, the clause is designed as a binding
Washington Supreme Court Ruling Could Bring Changes to the Construction Industry
Originally published by the Seattle Daily Journal of Commerce on November 3, 2022.
In a 5-4 decision, the Washington Supreme Court recently ruled in Tadych v. Noble Ridge Construction, Inc. that a contract provision providing a one-year limitation period for filing a construction defect lawsuit was “unconscionable” and therefore unenforceable.
The court’s ruling revives a
War-fueled Construction Cost Increases May Warrant Look at Force Majeure
In the wake of the Russian invasion of Ukraine and economic sanctions imposed by countries around the world in response, supply chain disruptions and the resulting scarcity of construction have resulted in price escalation that threatens construction project budgets. To allocate the risk of these sorts of cost increases, project owners and contractors may use