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…

The U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) has implemented a nationwide reporting rule that extends beyond traditional residential closings and may also apply to certain commercial development deals involving entity buyers, vacant land, or alternative financing structures. Developers—even those operating outside of the residential market—should be aware of the Rule and understand…

Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in the United States began enacting statutes giving builders lien rights to secure payment for their…

Getting construction underway before a contract is signed can feel like a practical necessity in fast-paced projects. But what seems like progress can create unintended legal and operational risks. Modern construction agreements are detailed documents that define scope, risk allocation, insurance, compensation, and dispute resolution. When work begins without those terms firmly in place, parties…

Effective January 1, 2026, Washington’s newly enacted RCW 61.40.010 (the “Solicited Real Property Act”) introduces a suite of statutory protections for property owners in transactions initiated through direct solicitation. While many prospective purchasers will be impacted, this provision will have meaningful implications for real estate purchasers who rely on off‑market acquisition strategies. On its face…

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…