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…

Construction

Why Understanding Liens is Important

Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction liens is essential for disparate parties involved in private construction since liens, as security interests, can significantly impact payment rights and property title.  Ignoring lien…

On April 23, 2025, join me in Portland, OR, for Bisnow’s Portland Multifamily & Affordable Housing Summit where leaders in development, policy, and finance will explore what’s next for Portland’s multifamily and affordable housing sectors.

I’ll be serving as the moderator for the Affordable Housing Panel. Hear from Margaret Salazar, CEO at REACH Community Development…

Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature.

SB 426 addresses wage theft in the construction industry.  If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits…

Commercial leases contain numerous provisions that impact a tenant’s business, including those addressing damage and destruction. While these clauses may seem secondary during negotiations, recent natural disasters—such as wildfires in Oregon, Hawaii, and the West Coast—highlight their critical importance. When unforeseen events occur, well-negotiated lease provisions can provide clarity and protection for both landlords and…

Key Considerations in Subcontract Negotiations

Negotiating subcontracts presents challenges for both general contractors and subcontractors. General contractors must balance responsibilities to owners and subcontractors while managing risk. Subcontractors, often with limited negotiation power, should focus on key risk-shifting provisions.

Prime Contract Role
Subcontracts often include “flow down” clauses, requiring subcontractors to assume general contractor obligations.

As wildfires grow more frequent and severe across California, Oregon, and Washington, homeowners and businesses face mounting challenges in securing and maintaining property insurance. The Los Angeles wildfires alone have resulted in tragic losses—28 lives, thousands of homes destroyed, and billions in economic damage. In the aftermath, many policyholders are discovering that their insurance coverage…

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…