Eric Grasberger

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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.

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Developer Licensing

By Eric Grasberger on Posted in Licensing
As any Oregon real estate developer likely knows, the Construction Contractor’s Board will require you to be registered as a contractor if you are developing land owned by another for a fee or developing land you own with the intent to sell. But many developers have followed what might be an overly conservative path: the … Continue Reading

Adopting Strategies to Minimize Liability Exposure

By Eric Grasberger on Posted in Risk Management
On Wednesday, February 29, 2012, Sean Gay will speak at a seminar sponsored by HalfMoon LLC entitled “Minimizing Engineering Liability Exposure.”  Mr. Gay will speak about adopting strategies to minimize liability exposure.  The seminar will be held at the Doubletree Hotel, 1000 NE Multnomah Street, Portland, Oregon from 8:30 a.m. to 4:15 p.m.    Click here … Continue Reading

The Increasing Importance of Performance Bonds

By Eric Grasberger on Posted in Alternative Dispute Resolution, Arbitration, Bond Claim, Construction Claims, Construction Defects, Construction Litigation, Defects, Insurance, Statutes of Limitation, Warranty
There are now 25 states in the U.S. that hold that construction defects are not an “occurrence” and are therefore not covered under commercial general liability policies insuring contractors.  Couple this troubling statistic with the ever increasing number of policy exclusions and limitations, and we begin to realize that in many situations the contractor’s insurance … Continue Reading

Dispute resolution clauses: getting the prenup right before you say “I do.”

By Eric Grasberger on Posted in Alternative Dispute Resolution, Arbitration, Construction Contracts, Construction Litigation
Before using AIA forms  or any other agreement to begin a project, owners should review and revise those forms to ensure that they contain appropriate provisions governing dispute resolution. Otherwise, you may be stuck suing different parties in different forums for the same set of construction and design defects, you may be unable to recover the … Continue Reading

OSHA Creep

By Eric Grasberger on Posted in Employer/Employee Liability, Labor and Employment Issues, Legislation, OSHA, Safety/Personal Injury
OSHA compliance recently became harder and costlier, and may continue to do so, thanks to several developments at the federal and state level. (Click here for a prior post on OSHA reform.) You may go to prison if you discipline or terminate an employee who might be worried about an unsafe working condition—even though your … Continue Reading

Bond. Performance Bond.

By Eric Grasberger on Posted in Bond Claim, Construction Contracts, Design Build Agreements, Green Building, Insurance, Risk Management
Performance bonds—insurance-like arrangements in which a surety (the bonding company) contractually agrees to pay for the performance of a principal (the contractor) to an obligee (the owner) in case the principal fails to perform the obligations of its contract—should be used more often in construction agreements to provide owners with a source of funds to … Continue Reading

Not so Ahead of Schedule: OSHA Reform

By Eric Grasberger on Posted in Employer/Employee Liability, Labor and Employment Issues, Legislation, OSHA, Safety/Personal Injury
Contributor:  Louis A. Ferreira Congress has proposed legislation that would amend the Occupational Safety and Health Act of 1970 to increase both civil and criminal penalties, expand coverage, and create new obligations for employers. Congress has not acted recently on the bill, named the “Protecting America’s Workers Act," but employers should expect action sometime in the new year. … Continue Reading

You Are a Project Owner or Developer Who Wants to Build a Green Project? So, What Do You Actually Put in Your Contracts?

By Eric Grasberger on Posted in Construction Contracts, Design Professionals and Claims, Going Green, Green Building, Insurance
Despite the explosion of articles, seminars and webinars on green building and development during the last year or so, there is a dearth of information in the development world regarding what project owners and developers who do want to build a green project should actually put in their design and construction contracts. Here is what … Continue Reading

Negligence Claims Take Another Twist in Oregon

By Eric Grasberger on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Construction Defects, Construction Litigation, Damages Claims, Defects, Developers v. Contractors, Insurance, Statutes of Limitation
Just when you thought it was safe to go back into the water, the Oregon Court of Appeals strikes again with another iteration of the “economic loss doctrine” which defines when parties can sue each other in negligence for construction defects. In Abraham v. Henry (September 2, 2009) the Court held that parties to a … Continue Reading

The Risk of Builders Risk

By Eric Grasberger on Posted in Construction Contract Interpretation, Construction Contracts, Indemnity, Insurance, Risk Management
Contractors and owners obtain builders risk policies to protect themselves from risks associated with construction. But a lack of care in understanding and negotiating the provision of the construction agreement governing the builders-risk policy and the policy itself may lead the parties to expose themselves to needless and significant liability. What owners and general contractors … Continue Reading

New Oregon statute shortens period for asserting building defect claims on “large” commercial projects.

By Eric Grasberger on Posted in Construction Contracts, Construction Defects, Statutes of Limitation
On July 14, 2009, Oregon Governor Ted Kulongoski signed HB 2434 passed in June by the Oregon Legislative Assembly. Although a chapter number has not yet been assigned to the new act, the law will go into effect for building defect claims that arise on or after January 1, 2010. As addressed in prior Legal … Continue Reading

Oregon Statute Regarding Defective Design and Construction Claims Pending Governor Action

By Eric Grasberger on Posted in Construction Contracts, Construction Defects, Defects, Statutes of Limitation
Oregon HB 2434, passed by the House of Representatives on May 4, 2009 and by the Senate on June 22, 2009, is currently awaiting the Governor’s approval or veto. The bill would reduce from 10 years to six years the maximum time period during which an owner of a "large commercial building" could assert claims … Continue Reading

Welcome

By Eric Grasberger on Posted in Welcome
Ahead of Schedule focuses on legal matters critical to the construction industry, offering insights, analysis, tips and updates regarding the law of project development, design and construction.  The authors have well over 100 years combined experience in construction litigation and contract negotiation, along with prior office and field experience in engineering, construction and accounting. Stoel Rives’ work … Continue Reading

Oregon House Bill 2434 Threatens to Cut Off Large Commercial and High Rise Residential Defect Claims

By Eric Grasberger on Posted in Defects
All large commercial property owners and developers should be aware of a substantial risk that Oregon’s statute of repose for construction and design defect claims may be shortened from 10 years to 6 years if HB 2434 (available here) passes. Though similar bills were unsuccessful in years past, this year the sponsors have carved out … Continue Reading
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