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…

As the multifamily market rebounds (hopefully) in 2025, potential new tariffs on materials like steel, lumber, and appliances are raising concerns for developers and contractors alike. Many clients question how to address price escalation risks arising from tariffs in their standard fixed price (FP) and guaranteed maximum price (GMP) contracts, including under changes-in-law clauses, allowances…

On January 22, 2025, join me in Seattle, WA, for Bisnow’s Seattle 2025 CEO Market Kickoff. Stoel Rives is a proud sponsor of the event, which will focus on the commercial real estate market outlook for the year ahead, including strategies for creative development, investment approaches, and navigating economic shifts.

I’ll be serving as the…

Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts.

Arbitration has many benefits ranging from cost savings and faster resolutions to a private forum that keeps disputes from spilling out into the public arena to adjudication by…

Key Insurance Considerations for Commercial Landlords
Commercial landlords often focus on terms like rent and renewals when negotiating leases, but overlooking insurance provisions can expose them to significant risks. Insurance clauses safeguard property and financial interests, making them critical elements of any lease.

Key Considerations for Landlords:

  • Repair Responsibilities: Clearly define whether tenants or
…

Stoel Rives is excited to announce the 2024 update of The Construction Lien in Washington: A Legal Analysis for the Construction Industry, first published in 2015. This comprehensive guide covers recent case law, statutory changes, and critical lien procedures. It serves as an essential resource for contractors, developers, attorneys, and other industry professionals navigating…

As 2024 approaches, developers, builders, and designers are urged to reassess their insurance strategies, as coverage mistakes can lead to severe denials during claims. Key pitfalls include relying on standard insurance forms, informal broker assurances, and neglecting to scrutinize policy endorsements. Best practices for effective risk management involve securing proof of insurance via actual policy…

California has passed Senate Bill No. 1103, which extends specific protections traditionally reserved for residential tenants to “qualified commercial tenants.” Starting January 1, 2025, small businesses, nonprofits, and microenterprises that meet specific criteria will gain additional rights under the law, including limits on operating cost allocations and required notice periods for rent increases and…

Heidi VanderWel and Karl Oles discuss the importance of staying organized for discovery in their latest article for the Daily Journal of Commerce. Being well-prepared is crucial for companies facing potential litigation, especially during the discovery process. Organized records can save time and money when responding to interrogatories, requests for production, and depositions. Clear…

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…