Construction projects are complex and often experience delays.  The party responsible for the delay can find itself subject to potentially severe consequences. There are various ways project owners and contractors can cause project delays, and each party wants to “own” the project float to be able to apply the project’s extra schedule time toward its…

Insurance is meant to serve as a safety net for any construction project. But too often, that net has holes—some visible, many not. From ambiguous endorsements to missing documentation, small oversights can lead to major coverage gaps when a claim hits.

After decades of reviewing policies, litigating claims, and helping clients manage project risk, one…

After a year of policy review, the City of Tacoma has amended its ordinances to provide some landlords of affordable housing with significant relief from a number of onerous burdens imposed on landlords by the City’s “Landlord Fairness Code Initiative” (For the sake of clarity, we will refer to it as the Tenant Protection Code…

Originally published to the Oregon Daily Journal of Commerce on December 18, 2025

Contractors and design professionals are rapidly incorporating artificial intelligence (AI) technology into their work. We construction lawyers are striving to keep up with the breakneck pace of technological adoption and evolution and develop ways to protect against emerging risks.  During this period…

Oregon’s real estate professionals are on the cusp of a sweeping regulatory overhaul. House Bill 3137, signed into law in June 2025 and taking effect January 1, 2026, introduces significant new responsibilities for brokers, tighter oversight of teams, and expanded education requirements—all aimed at enhancing accountability across the industry.

With final rules now in place…

Mediation doesn’t just turn on contracts, case law, or the strength of your facts. Just like “dark matter” shapes the universe without being seen, unseen forces often shape the outcome of settlement talks.

After years of helping clients resolve disputes, one thing is clear: if a party’s position seems illogical based on the visible merits…

Litigation isn’t top of mind at the outset of a construction project, but smart contracting means planning for it anyway. Early in the process, parties can build contractual terms that anticipate potential disputes and help reduce costs and headaches down the road.

Contracts offer more than promises about deliverables—they’re an opportunity to set the rules…

California’s construction industry will undergo a significant change starting in 2026. On July 14, 2025, Governor Gavin Newsom signed Senate Bill 61 into law, creating a 5% cap on retention for private works of improvement. The new law aligns private projects with the retention limits established for public works since 2012. The new statute, Civil…

Construction contracts are rarely “standard”—and even routine-looking terms can carry major consequences when something goes wrong. After two decades of resolving construction disputes, one pattern is clear: overlooked clauses at the signing table often resurface as major problems in litigation.

Among the most frequently misunderstood is the third-party beneficiary (TPB) clause. This seemingly minor provision…

Oregon’s new Building Performance Standards (BPS) are now in effect, setting phased energy targets for commercial and institutional buildings.

Although the first compliance deadline is not until 2028, building owners should prepare now, as the Oregon Department of Energy (DOE) has just finalized its rules regarding the incentive program for early compliance. A competitive incentive…

Labor shortages in the construction industry are an increasingly pressing issue—particularly for large-scale infrastructure and technology projects where schedule and budget performance are critical. While recent attention has focused on material costs and supply chain disruptions, a tightening labor market may prove equally disruptive.

An aging workforce and diminished interest in the trades drive scarcity…

Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect.

While LOL clauses can shield design professionals…