Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join me and my Stoel colleagues Zachary Davis, John Dudrey, and Mario Nicholas who will be presenting at the 30th Annual Oregon Construction Law Seminar, hosted by The Seminar Group, on Thursday
Oregon Senate Bill 426 Would Make Owners and Prime Contractors Liable for Unpaid Wages Owed by Those They Hire
Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature.
SB 426 addresses wage theft in the construction industry. If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits
Subcontracts: tips for general contractors and subcontractors
Key Considerations in Subcontract Negotiations
Negotiating subcontracts presents challenges for both general contractors and subcontractors. General contractors must balance responsibilities to owners and subcontractors while managing risk. Subcontractors, often with limited negotiation power, should focus on key risk-shifting provisions.
Prime Contract Role
Subcontracts often include “flow down” clauses, requiring subcontractors to assume general contractor obligations.
What to Consider When Analyzing Dispute Resolution Provisions for a Construction Project
Construction project owners, contractors, and design professionals sometimes fall into the trap of not giving careful consideration to the risks specific to a given project and will wait until an actual dispute arises before closely analyzing the dispute resolution provisions in a design or construction agreement. In my latest article in the Daily Journal of
Can AI Be Trusted to Draft a Construction Contract?
As alluring as it may be to enlist the help of an artificial intelligence (AI) chatbot, such as ChatGPT, to prepare a construction contract, even the chatbot will advise against using AI to do so, saying it is “highly recommended to hire a construction attorney rather than relying solely on ChatGPT or any AI model
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
Inflation: The Elephant in a Construction Dispute or Contract Negotiation
Inflation has spared no part of the U.S. economy, but the construction market in particular is feeling its effects, and it is crucial that owners , contractors, and design professionals be cognizant of the risks presented by inflation and aware of and understand the options to mitigate them. In my latest column for the Daily
Don’t Be Late! (But Assume That Your Construction Project May Be)
Today, the construction industry faces a myriad of challenges – as well as the COVID-19 pandemic, rapidly increasing construction material costs, labor and material shortages, and a hot housing market are potential obstacles for project owners and contractors that, despite their best efforts and intentions, could prevent them from completing their construction projects on time.
When to Prepare for Project Disputes? Always.
Originally published as an Op-Ed in the Oregon Daily Journal of Commerce on June 19, 2020.
Whether you are an owner, contractor, or design professional, construction disputes are, unfortunately, inevitable. Below are some tips to avoid potential pitfalls and help resolve disputes as efficiently as possible, whether before or after formal litigation (or arbitration) commences.
Construction-Related Activity Restrictions in Select States
State and local officials across the country have responded to COVID-19 with various executive orders and restrictions on businesses to help flatten the curve of the pandemic. Each state’s response opens the door for potential impacts on projects commencing or under construction, and on the parties involved with those projects.
To assist clients and friends,