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,
Legal Formalities in Contracts Can Be Perilous Pitfalls
When preparing construction and design contracts it is not uncommon for parties, in their haste, to cut corners in regards to legal formalities. To do so, however, can bring unexpected legal risks.
In the latest issue of the Daily Journal of Commerce, I discuss some of the categories of legal formalities in which all
Ahead of Schedule Blog Launches New Responsive Design and Enhanced Reader Features
Dear Ahead of Schedule blog readers. We have enjoyed keeping you informed with construction law and project development news and tips since early 2009. While our commitment to keep you informed hasn’t changed, technology certainly has. Back when we first started posting, it was still a desktop- and RSS-dominated world. Today, more and more of
Oregon Supreme Court’s Decision: Plaintiff’s Tort Claims Accrued on Substantial Completion and were Time-Barred
In my recent article, “Provision Providing for Early Accrual of Statute of Limitations Held Inapplicable,” I discuss the Oregon Supreme Court’s reversal of a trial court’s decision that, by the terms of the parties’ contract, plaintiff’s tort claims accrued on the date of substantial completion and were time-barred.
Read the full article, here.
“Provision
Oregon Court of Appeals’ Decision: Contractor Cannot Terminate Its Subcontractor To Offset Costs
In my recent article, "Contractor Not Entitled to Setoff Costs of Repairing Subcontractor’s Defective Work," I discuss the Oregon Court of Appeals’ decision that a contractor cannot terminate its subcontractor for convenience and setoff costs incurred in repairing the subcontractor’s defective work (affirming the trial court’s decision).
Read the full article, here.
"Contractor Not
The Importance of Project Documentation
Contracts, Construction Notices, Defects, Design Revisions
The Vexing Date of Substantial Completion: Oregon Supreme Court to Consider Two Cases Addressing When Statutes of Limitation and Ultimate Repose Begin to Run
The Oregon Supreme Court will review two recent Court of Appeals decisions related to statutes of limitation and repose on construction projects. In the first case, Sunset Presbyterian Church v. Brockamp & Jaeger, Inc., the Oregon Supreme Court will address the following questions: (1) When the construction contract includes an accrual provision, is the
Four Stoel Rives Partners to Speak at the 18th Annual Oregon Construction Law Seminar
On September 26 and 27, 2013, The Seminar Group will present its 18th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking about Integrated Project Delivery, which is an emerging project delivery method emphasizing collaboration among project participants. Three of my partners also will be presenting: Guy Randles, program co-chair, will speak
Senate Bill 46 Shortens Repose Period for Claims Against Design Professionals
“Senate Bill 46” “Statute of Repose”