Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on February 16, 2023.
Introduced as a ballot measure, Oregon’s Employer Liability Law (ELL) was described in a voter’s pamphlet from 1910 as “a law requiring protection for persons engaged in hazardous employments, defining and extending the liability of employers, and providing that
An unfortunate side effect of growing economic stimulus and infrastructure spending is an environment that encourages unethical and illegal bidding practices. In my latest article for the Daily Journal of Commerce, I look at several categories of such practices and provide some strategies for firms to reduce their prevalence. Read the full article here
On February 25, 2022, my colleague Zachary Davis and I will be presenting as part of a HalfMoon Education live interactive webinar Managing Engineering Liability and Risk in Oregon. Zachary will present “Law of Engineering Malpractice,” an overview of professional liability claims. I will present “Understanding How Contracts Can Shift, Reduce (or Increase) Risk,”
On June 2, 2021, I will co-chair The Seminar Group’s Construction Project Scheduling & Delay Claims live webcast seminar. The seminar will include a panel of knowledgeable lawyers with broad experience litigating scheduling and delay claim disputes. Click here to learn more and to register online.
Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And the mediator typically does not have
On October 9, 2020, I will present on prevailing wages at the Oregon State Bar Construction Law Section’s seminar titled Public Contracting Issues: Federal and State. My presentation will address fundamental concepts, resources, administration, how to analyze prevailing wage issues, and tips for preparing coverage determinations. Click here to learn more and here to register
If you are involved in the construction industry, like it or not risk management is part of your job. From home office executives to workers in the field, each person is expected to manage schedule, cost, and safety risks. While these risks are common, the recent prolonged period of economic growth has created new challenges,
The Daily Journal of Commerce recently reported that increased demand for mass-timber material, such as cross-laminated timber (“CLT”), has caused a shortage as suppliers struggle to expand production. Iain Macdonald, an industry executive interviewed for the article, stated that “lead times of a year have not been uncommon.” Increased demand has been fueled in part
On May 16, 2019, I will chair The Seminar Group’s Construction Defect Litigation seminar in Portland, Oregon. The seminar will include a panel of knowledgeable lawyers with broad experience litigating construction defect and related insurance disputes. Among those presenting will be two of my colleagues Lou Ferreira and Andrew Gibson. Click here to learn
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