Are you a construction industry professional seeking to stay informed on the latest legal and industry developments? Join me and my Stoel colleagues Mario Nicholas and Zachary Davis who will be presenting at the 29th Annual Oregon Construction Law Seminar on Thursday, September 12, 2024. Hosted by The Seminar Group, this one-day event at Stoel
Eric Grasberger
Eric Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public improvement exemptions. He has represented numerous private and public owners and developers, as well as contractors, in all facets of development and construction law. Eric, a partner in Stoel Rives' Construction and Design group, is chair of the Construction and Design group and co-chair of the firm's Sustainable Real Estate Development Team. He was selected by Best Lawyers® as Portland Construction Law Lawyer of the Year for 2018 and 2015.
Click here for Eric Grasberger's full bio.
5 Keys to Early Mediation Success When Project Disputes Arise
Purchase agreements for construction, development, or real estate-related projects frequently offer parties the option of early mediation for settling a dispute before proceeding to arbitration or court litigation. While in my experience early mediation sessions tend to fail, additional mediation sessions held months later have a better chance of succeeding. In my latest column for…
Don’t Let Disputed Change Orders Derail Your Construction Project
A fact of life for those involved in construction projects, change orders can be a challenge even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change but much more difficult when the parties disagree on those terms. Options available to resolve a dispute include handling it in…
Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?
Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?” It is a great read, and we borrow from it here in many places.
In his article, Mario principally focused on why chatbots like…
Considerations When Selecting Prime Contractors and Subcontractors
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on November 17, 2022.
Selection of a contractor should be done carefully. There are many good contractors, but not all are the right fit for your project. Most owner-contractor relationships are long-term engagements that require good communication, patience, and trust. This is equally…
Why Early Mediations Often Fail, and Possible Remedies
Unlike 20 years ago, when a mediation – a commonly used route for resolving disputes in the construction claims process – was typically held close to the trial date, today the prospect of an early settlement can lead to the parties often seeking multiple mediation sessions over the course of a dispute. Additionally, construction and…
Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order
On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.”
Unlike “stay home” orders in some other states—which prohibit the operation of all business unless specifically exempted—the Oregon Order prohibits the operation of specific categories of businesses identified in the Order (e.g., amusement parks, aquariums, etc.). Presumably, this means that if a category of business is not identified, then it is not subject to the prohibition.
Because “construction” is not specifically identified as a prohibited business, it is reasonable for owners and contractors to presume that their projects in Oregon may continue for the time being. While not explicitly part of the Oregon Order, some are characterizing it as “permission by omission,” meaning that the omission of a business on the prohibited business list means you have permission to operate that business. But proceeding under that assumption is not entirely without risk, and there are other important considerations for both owners and contractors to bear in mind, including:
Design-Build and EPC Contracting Approaches Under Fire by Contractors
In a recent article in the ABA’s “Under Construction” publication (link here) the author describes a trend among some major contractors, including SNC-Lavalin, Fluor Corporation and Granite Construction, to leave the DB and EPC space. Other large contractors have announced similar intentions. The problem appears to be that the DB and EPC delivery methods…
Legislative Update: House Bill 4154
In February 2018, the Oregon Legislature attempted to push through House Bill 4154, which would have made a general contractor liable for unpaid wages, including benefit payments and contributions, of an employee of a subcontractor at any tier, after that employee files a wage claim and the Commissioner of the Bureau of Labor and Industries…
Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.
Rejecting an argument that the ADA preempts all contractual claims for indemnity and contribution, the Ninth Circuit recently upheld a public owner’s right to seek contribution for damages arising out of ADA violations caused by the designer and contractor of a transportation facility. See City of Los Angeles v. AECOM Services, Inc. (here).…