The Third District Court of Appeal in Cal Sierra Construction, Inc. v. Comerica Bank (Cal. App., May 31, 2012, No. C060707) 2012 Cal. App. LEXIS 641 (Cal Sierra), determined that lenders were precluded from enforcing property owner rights though a motion to release the mechanic’s lien and stop notice. The court distinguished the
Evolving Concepts of ‘Fairness’ in Construction Contracts
In my recent article “Evolving Concepts of ‘Fairness’ in Construction Contracts,” published in the Daily Journal of Commerce, I outline the key battlegrounds in redefining a ‘fair’ construction contract. From limited liability to contractors signing waivers and claim releases, this article provides the foundation for understanding the evolving complexities in construction contracts.
To read more,
What if I Don’t Have a Change Order?
A California appellate court has clarified for public owners and contractors (a) what the results may be if the owner does not timely sign a change order and (b) under what circumstances a change order is required. In G. Voskanian Construction, Inc. v. Alhambra Unified School District, No. B221005 (Cal. Ct. App. Mar. 29, 2012)
You Can’t Make This Stuff Up: The Human Condition Meets Construction Law
In my recent article “You Can’t Make This Stuff Up: The Human Condition Meets Construction Law,” published in the Daily Journal of Commerce, I outline the bizarre, seemingly impossible litigation matters of the Construction and Design business. The article touches on a variety of past cases, including an employee stabbing himself in the eye during
Local Contracting Agencies Now Prohibited from Using Price As Basis for Awarding Certain Consultant Contracts
Oregon’s legislature recently changed ORS 279C.110 to require all public agencies, both state and local, to use qualifications as the basis for awarding contracts for architectural, engineering, photogrammetric mapping, transportation planning and land surveying services. Before the change, local contracting agencies could use price as a basis for award but state agencies could not. Once
Another Interesting Project in Seattle
I previously told you about some upcoming Seattle tunneling projects. Here now is a link to artist renderings of the new SR 520 floating bridge project, which will raise the existing bridge up above the pontoons, making space for maintenance works and storm water treatment and fire suppression utilities underneath: www.flickr.com/photos/wsdot/6871707294/in/set-72157629307832804/
The photo site has
General contractors: how’s your subcontract?
In an article recently published in the Daily Journal of Commerce entitled “General Contractors: How’s Your Subcontract?,” I address five questions that general contractors should ask about their subcontracts. By definition, general contractors are caught in the middle between their owner-clients and their subcontractors—owners hold them responsible for their subcontractors’ work, so they must ensure
Multi-Party Construction Defect Litigation CLE
In a recent national webinar by the Strafford Publication Group, I spoke about the key challenges facing plaintiffs in construction defect cases, including initial case evaluation, discovery issues, expert issues and allocating damages among multiple defendants. My co-presenters from two firms in Dallas, Texas followed my presentation with the key challenges facing defendants. The slides
Oregon’s Prompt Pay Acts Strengthened and Clarified in 2012
Parties to construction contracts take notice: the legislature enacted new consequences and contract restrictions to Oregon’s Prompt Pay Acts starting in 2012. 
On public improvement contracts first advertised or solicited on or after May 28, 2012, the newly revised Act (a) changes the interest penalty rate for a prime contractor’s failure to make timely payment
Developer Licensing
As any Oregon real estate developer likely knows, the Construction Contractor’s Board will require you to be registered as a contractor if you are developing land owned by another for a fee or developing land you own with the intent to sell. But many developers have followed what might be an overly conservative path: the