Zachary Davis

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Zachary Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters, with specific emphasis on resolving complex commercial disputes. Zachary employs a proactive approach in assisting clients in developing pre-litigation and litigation avoidance strategies. He has advocated on behalf of clients before a variety of adversarial tribunals including federal and state courts, arbitration panels and administrative bodies. Zachary’s clients have included corporations, business owners and entrepreneurs in the construction, real estate, technology, hospitality, telecommunications, financial services and insurance industries.

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Pandemic Creates Cause to Rethink Overlooked Contract Provisions

By Zachary Davis on Posted in Construction Claims, Construction Contracts
The construction industry has proved adaptable over the course of the pandemic — owners and general and trade contractors have worked closely to ensure that work continued, while keeping workers safe and complying with the various government-ordered and -recommended practices intended to slow the spread of COVID-19. By now, most owners and contractors are well … Continue Reading

Can (or Should) My Project Continue During the Shutdown?

By Zachary Davis on Posted in Construction Industry, COVID-19, Oregon
Several weeks have passed since Governor Brown formally ordered all Oregonians to “Stay Home, Save Lives,” and owners, project designers, and contractors have all had the opportunity to absorb its initial impacts.  While many stakeholders were initially relieved that construction projects in Oregon could apparently continue—subject to the various social distancing and travel restrictions described … Continue Reading

Construction-Related Activity Restrictions in Select States

By Tamara Boeck, David Quinby, Zachary Davis, Loni Hinton and Mario Nicholas on Posted in Alaska, California, Construction Industry, COVID-19, Idaho, Minnesota, Nevada, Oregon, Utah, Washington
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, … Continue Reading

Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

By Eric Grasberger, Zachary Davis and Mario Nicholas on Posted in Acts of God, COVID-19, Oregon
On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.” Unlike “stay home” orders in some other states—which prohibit the operation of all business unless specifically exempted—the Oregon Order prohibits the operation of specific categories of businesses identified in the Order (e.g., amusement parks, aquariums, … Continue Reading

Reimagining the Dispute Resolution Provision in Construction and Design Contracts

By Zachary Davis on Posted in Construction Contracts
In construction projects, experienced owners, contractors, or designers know that disputes will almost invariably arise — even when the parties have the best of intentions. And they understand that detailed contract provisions to resolve those disputes can have major benefits if they are properly drafted to suit the project, parties, and types of dispute most … Continue Reading

Oregon Court of Appeals Broadens “Four Corners” Rule in Construction Defect Insurance Coverage Cases

By Zachary Davis on Posted in Construction Claims, Damages Claims, Insurance
In a recent Oregon Court of Appeals decision, the court likely eased the burden for contractors seeking a defense under insurance policies in which they have been named as an additional insured. In my latest article for the Daily Journal of Commerce, I examine the decision, which expands upon a 2016 Oregon Supreme Court ruling … Continue Reading

Oregon Supreme Court Rules That the Practice of Architecture Includes Development of Master Plans

By Zachary Davis on Posted in Design Professionals and Claims, Licensing, Uncategorized
In a rare opportunity to interpret Oregon’s statutory requirements for licensure of architects, the Oregon Supreme Court recently held that the development of master plans constitutes the “practice of architecture”—even if constructible drawings and specifications are not contemplated or produced. The case, Twist Architecture & Design, Inc. v. Oregon Board of Architect Examiners, 361 Or … Continue Reading

Important Lessons from Record-Setting Settlement in Building Collapse Case

By Zachary Davis on Posted in Construction Industry, Damages Claims, Indemnity, Risk Management, Safety/Personal Injury
Having lived in Philadelphia in 2013 when the four-story “Hoagie City” building collapsed during demolition and toppled the neighboring Salvation Army thrift store, killing seven people and injuring 12 others, I closely followed the recent civil trial that resulted in a $227 million settlement of the plaintiffs’ personal injury and wrongful death claims—a reported record … Continue Reading

Buyer Beware: Oregon Courts Will Enforce Anti-Assignment Provisions in Insurance Policies

By Zachary Davis on Posted in Developers v. Contractors, Insurance
An anti-assignment provision in an insurance policy may prohibit the insured from assigning its rights under the policy. In my latest DJC article, I discuss a recent decision by the Oregon Court of Appeals, in which a claimant learned the hard way that Oregon courts will not hesitate to enforce an anti-assignment provision in an … Continue Reading

On Guard: A Look at Subcontractor Default Insurance

By Zachary Davis on Posted in Bond Claim, Construction Claims, Construction Defects, Damages Claims, Insurance
Whether you call it SDI or SubGuard, subcontractor default insurance is yet another consideration for public and private project owners as they look at protection from subcontractor default.  But what exactly is this relatively new option and when is it most appropriate?  In my recent article for the Daily Journal of Commerce, I discuss SDI, … Continue Reading
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