The construction industry is driven by its memorialization of business terms and legal obligations in written contracts. However, “tort” law also imposes many implied rights and obligations independent of what parties may have formally agreed to, the foremost of which is to use reasonable care so as to avoid damage to others. In my recent
Insurance Coverage Decision a Major Victory for the Construction Industry
My partner, Scott Kaplan, discusses the recent Oregon Court of Appeals in FountainCourt Homeowners’ Ass’n v. FountainCourt Development, LLC case in the Daily Journal of Commerce. On August 6, the Oregon Court of Appearls, handed down a decision making clear that standard form liability insurance policies cover construction defect claims so long any
Limitation of Liability Clauses: Nothing to ‘LOL’ About
In my latest Daily Journal of Commerce Construction column, I discuss one of the hottest issues in private contract negotiations currently is the question of limitation of liability (LOL) clauses. Owners understandably want recourse for their damages in the event of substandard performance by their contractors and design professionals. Just as understandably, contractors and design professionals want
Subcontracting Pitfalls: Making The Flow Down Work
In my latest Daily Journal of Commerce Construction column, I discuss the recent rash of cases involving the question of whether subcontractors are bound by the terms of a project’s prime construction contract. In many of these situations, subcontractors contend that their subcontracts give them rights, remedies or defenses against the prime contractor that the
You Can’t Make This Stuff Up: The Human Condition Meets Construction Law
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