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…

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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