On June 14, 2024, the WSBA Construction Law Section is hosting its midyear CLE program, “Back to the Future: Leveraging Technology in Post-Covid Construction Disputes,” which will cover ethics, construction-related case law updates, technology, perspectives from the bench, arbitration, artificial intelligence, and legislative updates and appeals. 

As part of the program, my colleague Colm Nelson

Originally published as an Op-Ed in the Oregon Daily Journal of Commerce on June 19, 2020.

Whether you are an owner, contractor, or design professional, construction disputes are, unfortunately, inevitable.  Below are some tips to avoid potential pitfalls and help resolve disputes as efficiently as possible, whether before or after formal litigation (or arbitration) commences.

The Oregon Court of Appeals recently applied the so-called “economic loss rule” to a construction dispute (Marton v. Ater Construction Co., 256 Or App 554, __ P3d __ (2013)). Among other issues, the court decided whether the prime contractor’s negligence claim against its subcontractor was barred under the economic loss rule.

Under the