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…

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…