Subcontractor default insurance (“SDI”) — insurance that covers certain losses related to a subcontractor’s material breach of a subcontract — has been gaining in popularity over bonds among general contractors. However, for a number of reasons, sureties assert that bonds are better than SDI, despite the common complaint about bonds that sureties are slow to
A Lawyer’s Checklist for Starting Strong
In the push to get a construction project started, important management tasks may be overlooked or subordinated by “higher priority” tasks, and the importance of completing many of those tasks may not become apparent unless there is a legal dispute. In my latest article for the Daily Journal of Commerce, I provide a brief
Teaming Agreements Set Out Construction Team Members’ Relationship and Responsibilities in Pursuing Award of a Contract
A written teaming agreement is useful in defining the roles and responsibilities of a team of designers and contractors seeking to win a contract for a construction project. In my recent article for the Daily Journal of Commerce, I detail several key aspects of a well-drafted teaming agreement. Read the full article here.
Oregon Construction Law Seminar
On September 22 and 23, 2016, my colleague Eric C. Grasberger will co-chair The Seminar Group’s Oregon Construction Law seminar in Portland, Oregon. This seminar will include a panel of knowledgeable lawyers with broad experience addressing Oregon construction law. I will be presenting and will speak about design-build contracts and the project delivery method. Two
No Crane Trespassing! Swingway Easements Make Good Neighbors
Earlier this year, my colleague Eric Grasberger authored a blog post about a crane collapse in Lower Manhattan. In that post, he mentioned that neighboring landowners may seek to prevent cranes from intruding into the airspace above their property. Contractors and owners alike are often surprised to learn that a crane swinging over adjacent property
Hate Negotiating? Think It is a Waste of Time? Think Again. Seven Habits of Successful Negotiators
If you dislike negotiating, you are not alone. But successful negotiators understand and embrace the opportunities that a negotiation presents. In my recent article for the Daily Journal of Commerce, I discuss seven habits of successful negotiators that can help you successfully conclude your construction-related negotiations. Read the full article here.
“Hate Negotiating?
Construction Default Rights and Remedies Seminar
On June 3, 2015, I will chair The Seminar Group’s Construction Default Rights and Remedies seminar in Portland, Oregon. This seminar will include a panel of knowledgeable lawyers with broad experience addressing default and termination issues. Two of my colleagues will also be presenting: Kenneth P. Childs will speak about bankruptcy issues; and C. Andrew
DBIA Releases New Model Bond Forms for Design-Build Projects
On May 6, 2015, the Design-Build Institute of America (“DBIA”) released a suite of new bond forms prepared specifically for design-build projects. According to DBIA’s press release, the forms were co-authored by designers and builders and have been endorsed by two surety industry groups. As with any industry template form, consultation with an attorney is
A Cautionary Tale for Public Agencies: Your Feasibility Analysis Must Be Based on Data, Not Assumptions
In a recent opinion, the Court of Appeals determined that the Central Point School District (“District”) violated the law when it attempted to outsource student transportation services. In 2009, Oregon’s legislature sought to curtail the outsourcing of government jobs under circumstances that either cost the taxpayers more money or saved the taxpayers money by sacrificing
10 Important Termination Considerations
When terminating a contract, you want to have a high degree of confidence that termination is justified and done properly. In my recent Daily Journal of Commerce Construction column, I outline 10 important considerations in navigating this high-risk terrain.
Read the full article here.
“10 Important Termination Considerations” was originally published on Feburary 20,