Stephen Kelly

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Stephen Kelly focuses his practice on construction and development, including contract drafting and negotiating and construction-related litigation. Steve, Of Counsel in the Stoel Rives’ Construction and Design group, has represented private and public owners, developers, contractors and designers in many facets of development and construction law. He has been listed in Best Lawyers in America® in the practice area of Native American Law from 2012 to 2015 and was selected by Best Lawyers® as Portland Native American Law Lawyer of the Year for 2013.

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Public Contracting Code Reminders

By Stephen Kelly on Posted in Construction Contracts, Construction Industry, Public Construction Contracting
Developing public projects in Oregon requires an understanding of the Oregon Public Contracting Code and the complexities of procurement requirements. In my recent article for the Daily Journal of Commerce, I discuss four facets of public contracting that can help you successfully navigate the procurement terrain.  Read the full article here. “Public Contracting Code Reminders” was … Continue Reading

Owners and Developers: Watch Out for Section 106 of the National Historic Preservation Act

By Stephen Kelly on Posted in Federal Contracting, Land Use
Many development projects have a federal connection — such as a federal permit or grant — that triggers compliance with Section 106 of the National Historic Preservation Act.  Section 106 requires the approving federal agency to assess the impacts of the development on properties that are listed or eligible for listing on the National Register … Continue Reading

Five Questions an Owner Should Ask About Insurance and Bonds

By Stephen Kelly on Posted in Bond Claim, Construction Claims, Construction Defects
Contractors often have limited liquid assets, so insurance and bonding are often the best resources available to an owner to protect against contractor default or defective work. However, not all policies and bonds are created equal, and owners should make sure these resources provide the security the owner needs. In my recent article for the … Continue Reading

Owners of Development Projects: Remember to Close the Loop

By Stephen Kelly on Posted in Construction Contracts
In my latest Daily Journal of Commerce Construction column, I discuss six important issues an owner should keep in mind during a busy development project.  Taking time to manage all the details related to the performance of its contractor or designer can be critical to a project’s success Read the full article at: www.stoel.com/publications "Project … Continue Reading

Owners: Watch Out for New Endorsements

By Stephen Kelly on Posted in Construction Claims, Design Professionals and Claims, Indemnity, Insurance, Risk Management, Safety/Personal Injury
The new year brings a reminder that owners need to be careful about changes to their contractors’ and designers’ insurance policies. Many of the most important terms of an insurance policy are in “endorsements” added to the policy. For example, a policy may include an endorsement excluding claims between insured parties (say, a claim by … Continue Reading

Beware the Economic Loss Trap in Construction Disputes

By Stephen Kelly on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Construction Defects, Construction Litigation, Damages Claims, Defects, Indemnity
The Oregon Court of Appeals recently applied the so-called “economic loss rule” to a construction dispute (Marton v. Ater Construction Co., 256 Or App 554, __ P3d __ (2013)). Among other issues, the court decided whether the prime contractor’s negligence claim against its subcontractor was barred under the economic loss rule. Under the court-made economic … Continue Reading

Five Tips to Prepare for Delay

By Stephen Kelly on Posted in Construction Industry
As they say, timing is everything, and the success of a development project often hinges on when it will be complete. Whether it’s a new business, a new school, or some other project, delay can be disastrous for an owner. Here are five tips to reduce the risks of project delay. Avoid terms that shift … Continue Reading

Five Tips for Defending a Lien Claim

By Stephen Kelly on Posted in Liens
Lien claims can be an unfortunate reality of even the best-laid development plans. Owners or developers facing a lien claim can be held liable to lenders, landlords or investors for liens filed on project property if they are not careful. When faced with lien claims, I recommend that owners and developers ask five questions: Is … Continue Reading

General contractors: how’s your subcontract?

By Stephen Kelly on Posted in Construction Contracts
In an article recently published in the Daily Journal of Commerce entitled “General Contractors: How’s Your Subcontract?,” I address five questions that general contractors should ask about their subcontracts. By definition, general contractors are caught in the middle between their owner-clients and their subcontractors—owners hold them responsible for their subcontractors’ work, so they must ensure … Continue Reading

A Recovery in the Construction Industry?

By Stephen Kelly on Posted in Construction Industry
The Department of Labor’s latest jobs report includes some encouraging news for the construction industry. In January, construction jobs increased by 21,000 and jobs in architectural and engineering services increased by 7,000. Over the past two months, “nonresidential specialty trade contractors” added 30,000 jobs. We’ll keep a close eye on next month’s jobs report to … Continue Reading

Owners and developers: keep your eye on Section 106 compliance

By Stephen Kelly on Posted in Construction Contracts, Environmental Concerns
A recent federal court decision underscores how a federal agency’s failure to comply with Section 106 of the National Historic Preservation Act can impact construction projects.   Section 106 is a procedural statute that requires each federal agency to take into account the effect of its “undertakings” on properties listed on or eligible for listing on … Continue Reading

New Standards for NPDES Permits

By Stephen Kelly on Posted in Environmental Concerns
Owners, contractors and designers should be aware of new requirements for National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges associated with construction activity.  The Environmental Protection Agency (EPA) issued final regulations establishing effluent limitations guidelines and new source performance standards for stormwater discharges from construction sites.    Although the final regulations were effective … Continue Reading

Oregon OSHA Clarifies That Employers Are Liable On Per-Employee Basis

By Stephen Kelly on Posted in OSHA, Safety/Personal Injury
Are Oregon contractors liable on a per-employee basis for failing to comply with OSHA personal protective equipment (PPE) and training requirements? Under a new administrative order issued by Oregon OSHA, the answer is yes. Under this order, Oregon OSHA adopted a federal OSHA rule clarifying that employers are liable for violations on a per-employee basis. … Continue Reading

Is your project’s design work insured? Here’s an insurance policy to keep in mind

By Stephen Kelly on Posted in Insurance
With all the stuff to worry about during a construction project, one of the areas that’s commonly overlooked is insurance coverage. Owners and contractors often assume that the parties they’re contracting with have adequate insurance, or that the information on an insurance certificate (which, by the way, isn’t binding on the insurance company) is an … Continue Reading
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