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…

In construction disputes, whether in court or arbitration, exchanging documents like project files and emails is crucial for resolving the case fairly. The story behind most disputes is told through these communications, which is why it’s important for contractors, owners, and designers to understand their legal duty to preserve documents, especially in the digital age…

Join me on October 8, 2024, for a webinar hosted by Terner Center for Housing Innovation and the Land Economics Society (LAI) that will explore the intersection of construction defect liability and homeownership. This webinar will delve into the challenges posed by construction defect liability laws on the development of condominiums in California, which have…

The article by Patrick Abell and Andrew Solomon provides guidance for landlords dealing with restaurant tenants who have gone out of business. It emphasizes the need for landlords to quickly regain control of the premises, either through a negotiated surrender of the space or formal eviction. Landlords should then promptly seek to re-let the space…

On September 12, 2024, join me at the Hyatt Regency Portland for Bisnow’s Portland State of the Market. Stoel Rives is a proud sponsor of the event, which will focus on Portland’s development outlook, including how companies are driving projects to completion, as well as real-estate issues related to living and working in downtown…

Expired construction liens can create unexpected headaches for property owners, even after they are no longer enforceable. These liens, while initially protecting contractors and suppliers, can linger in the property records and complicate transactions like sales or refinancing. Different states have varying processes for clearing these expired liens from the chain of title, ranging from…

The new RCW 39.04.360, effective June 6, 2024, outlines protections and payment assurances for contractors, subcontractors, and suppliers involved in public and private construction projects in Washington. This statute mandates timely issuance of change orders for undisputed additional work, imposes interest on delays, and clarifies the rights of aggrieved parties to seek appropriate relief, including…

Construction project owners, contractors, and design professionals sometimes fall into the trap of not giving careful consideration to the risks specific to a given project and will wait until an actual dispute arises before closely analyzing the dispute resolution provisions in a design or construction agreement. In my latest article in the Daily Journal of…

Here are some useful basics if you have a dispute that may be headed to court for resolution.

  1. Which court? Most civil disputes are heard in the state trial court in the county where the dispute arose. This court has different names in different states, including “superior court,” “circuit court,” and “district court.”
  2. When does
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Policymakers have several tools for addressing the rising issue of homelessness in their communities.  In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first opportunity to address whether one of these tools, generally applicable laws that restrict camping on public property, constitutes “cruel and unusual punishment” in violation of the U.S. Constitution’s Eighth Amendment. 

The City of Grants Pass, Oregon (“City”) passed an ordinance prohibiting “camping” on “any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly-owned property or under any bridge or viaduct” (the “Ordinance”).  Dissent of J. Sotomayor at 8 (citing Grants Pass, Ore. Municipal Code §5.61.030 (2024)).  The City’s code defines “camp-site” as “any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purposes of maintaining a temporary place to live.”  Id. (citing Grants Pass, Ore. Municipal Code §5.61.010(B) (2024)).  Fines for violating the Ordinance start at $295 and could result in criminal trespass if repeated.