On May 6, 2015, the Design-Build Institute of America (“DBIA”) released a suite of new bond forms prepared specifically for design-build projects.  According to DBIA’s press release, the forms were co-authored by designers and builders and have been endorsed by two surety industry groups.  As with any industry template form, consultation with an attorney is…

In a recent opinion, the Court of Appeals determined that the Central Point School District (“District”) violated the law when it attempted to outsource student transportation services. In 2009, Oregon’s legislature sought to curtail the outsourcing of government jobs under circumstances that either cost the taxpayers more money or saved the taxpayers money by sacrificing…

Contractors often have limited liquid assets, so insurance and bonding are often the best resources available to an owner to protect against contractor default or defective work. However, not all policies and bonds are created equal, and owners should make sure these resources provide the security the owner needs. In my recent article for the…

Complex construction projects carry complex problems as they approach completion. In my recent article for the Daily Journal of Commerce, I address 10 potential pitfalls that owners, contractors and design professionals may encounter, and I offer tips to help you prepare for them.

Read the full article here.

“Finishing Strong vs. Finishing Wrong:…

When terminating a contract, you want to have a high degree of confidence that termination is justified and done properly. In my recent Daily Journal of Commerce Construction column, I outline 10 important considerations in navigating this high-risk terrain.

Read the full article here.

“10 Important Termination Considerations” was originally published on Feburary 20,…

In my latest Daily Journal of Commerce Construction column, I discuss Oregon’s Employer’s Liability Law or the ELL, workers’ compensation and why the Oregon legislature should take another look at these piecemeal laws. As it stands, the party with the greatest culpability may not pay anything for the injuries they cause.

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In my recent article “Put in Writing When the Clock Starts Ticking,” I discuss how varying intrepretations statue of limitations can affect your business. Setting your own time limits on claims in your construction contracts can help you manage risk.

Read the full article here.

“Put in Writing When the Clock Starts Ticking” was…

When preparing construction and design contracts it is not uncommon for parties, in their haste,  to cut corners in regards to legal formalities.  To do so, however, can bring unexpected legal risks.

In the latest issue of the Daily Journal of Commerce, I discuss some of the categories of legal formalities in which all…

Dear Ahead of Schedule blog readers. We have enjoyed keeping you informed with construction law and project development news and tips since early 2009. While our commitment to keep you informed hasn’t changed, technology certainly has. Back when we first started posting, it was still a desktop- and RSS-dominated world. Today, more and more of…