Topics

Accounting

Avoiding Development Disasters: Land Inventory and 1031 Exchanges

Acquisitions and Dispositions

What is Imputed Agent Knowledge Under California’s Real Estate Disclosure Rules

Acts of God

War-fueled Construction Cost Increases May Warrant Look at Force MajeureConstruction Work Under COVID-19 Orders in UtahGuidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

Affordable Housing

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

Alaska

Construction-Related Activity Restrictions in Select States

Alternative Dispute Resolution

Strategic Tips That Parties Should Consider When Mediating DisputesWhy Early Mediations Often Fail, and Possible RemediesThe Jury's Out: AAA Issues New Construction Industry Rules Expanding Powers of Arbitrators

Arbitration

Arbitration Provisions to Consider in a Proposed Design or Construction ContractWhat Parties Ought To Consider When Considering Arbitration ProvisionsThe Jury's Out: AAA Issues New Construction Industry Rules Expanding Powers of Arbitrators

Audits

When Is a Private Project a Public Work for Prevailing Wage Application in California?

Bankruptcy

The Poisoned Foreclosure - Lawyers Beware of the Affirmative Duty to Search RecordsNevada Lenders Beware! Mechanic's Liens Not Easily AvoidedCalifornia Appellate Court Affirms That Mechanic's Lien Foreclosure Period Is Tolled During Bankruptcy Proceeding

Bids/Bid Protests

How to Know When Bidding Practices Cross the LineUpcoming Seminar on Public WorksNo Right to Damages Between Public Works Bidders

Bond Claim

The Sureties Strike Back: The Expedited Dispute Resolution Performance BondWashington Supreme Court Affirms Brightwater Decision Regarding Application of Olympic Steamship to SuretiesOn Guard: A Look at Subcontractor Default Insurance

Building Codes

COVID-19 Alert – Governor Jay Inslee Extends Stay at Home, Stay Healthy Proclamation Through May 4, 2020 and Delays Implementation of New State Building CodeAn Owner’s Guide to Accessibility Claims in WashingtonOne to Watch: BIAW Sues to Stop New Washington Residential Energy Efficiency Standards

California

California Passes Bills Expanding Rights to Both Paid and Unpaid LeaveDisgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or CessationConstruction-Related Activity Restrictions in Select States

Claims & Disputes

From Lien to Clean: Addressing an Expired Lien in the Chain of TitleNew Law Requires Timely Payment of Undisputed Change Order ClaimsWhat to Consider When Analyzing Dispute Resolution Provisions for a Construction Project

Commercial Construction Contracts

Arbitration Provisions to Consider in a Proposed Design or Construction ContractWar-fueled Construction Cost Increases May Warrant Look at Force MajeureA Key Battleground: Material Price Escalations and Supply Chain Disruptions

Condemnation

Condemnation Awards on Leasehold Interests

Condominiums and Multifamily Housing

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware OfWhat International Developers Needs to Know About Condo Liability in WashingtonWashington Court of Appeals Provides Guidance Regarding Frivolous and Excessive Lien Claims Against Condominium Projects

Constitutionality

Draconian Results for Local Agencies Influenced to Improperly Target Private Enterprise

Construction

2024 Update to The Construction Lien in Washington: A Legal Analysis for the Construction IndustryMitigate Risk with a Construction Project Insurance CheckupWebinar: Terner Center for Housing Innovation and the Land Economics Society (LAI) - Addressing Construction Defect Liability to Expand Homeownership

Construction and Design

Mitigate Risk with a Construction Project Insurance CheckupStrategies for Getting Difficult Construction Contracts to the Finish LineAre We Finally Getting Relief from Price Escalation in Materials?

Construction Claims

New Law Requires Timely Payment of Undisputed Change Order ClaimsOn Notice: Why Notice and Claim Procedures in Construction Contracts MatterConstruction Project Scheduling & Delay Claims CLE — Seattle

Construction Contract Interpretation

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or CessationNew Oregon Law Complicates Retainage on Construction ProjectsCyber Risk Update for Construction Companies

Construction Contracts

New Law Requires Timely Payment of Undisputed Change Order ClaimsStrategies for Getting Difficult Construction Contracts to the Finish LineFollow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?

Construction Defects

Construction Defect Litigation SeminarThink the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials

Construction Industry

New Federal Rule Banning Noncompetes May Impact Construction IndustryLicense to Build: The Importance of License Terms in Design AgreementsBeware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’

Construction Liens

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.Considerations for Contesting a Frivolous Lien in WashingtonMitigation of Risk in the Age of COVID-19: Ten Ways Owners Can Protect Themselves Against Lien Claims in Washington

Construction Litigation

Can We Avoid Court? Construction Mediation Agreement ConsiderationsWashington Supreme Court Ruling Could Bring Changes to the Construction IndustryDisgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation

Construction Permit

Developers and Builders Gain Time from Permit Expiration in California with AB 2913

Contractor Licensing

Oregon’s Employer Liability Law: It Is Time for a ChangeDisgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or CessationRecession Warnings Pile Up: Harbinger of Liens?

Contractors

New Law Requires Timely Payment of Undisputed Change Order ClaimsWashington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.Preconstruction Services, Project Savings, and Great Expectations

Contracts

New Law Requires Timely Payment of Undisputed Change Order ClaimsLesser-Known Insurance Policies for Addressing Risks of Construction ProjectsStrategies for Getting Difficult Construction Contracts to the Finish Line

COVID-19

Looking Back — and Ahead — After Two Years of a PandemicLiability Laws Still Require Contractors to Follow Safety GuidelinesWebinar: Navigating a Financially Troubled Project During Uncertain Times

Cybersecurity

Cyber Risk Update for Construction Companies

Damages Claims

Builder’s Risk Policy Claim ChecklistDisgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or CessationAn Owner’s Guide to Accessibility Claims in Washington

Defects

Construction Alert: Washington Court of Appeals’ Conway Opinion Provides New Guidance Regarding a Right to Cure, a Set-Off, and Recovery of Attorney FeesAlter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materialsOne Unanticipated Cost of Being an Owner-Builder in California: Liability for Retained Control over Safety

Design Build Agreements

Benefits and Risks of Involving a Project’s Contractor in The DesignDesign-Build Lite – Construction Contracts with D-B ComponentsDesign-Build and EPC Contracting Approaches Under Fire by Contractors

Design Professionals and Claims

Oregon Supreme Court Rules That the Practice of Architecture Includes Development of Master PlansThink the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.“All Risk” Coverage Is Not Equal to “All Loss” Coverage Under Customary Provisions in California Builder’s Risk Policies

Developers v. Contractors

Think the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.Buyer Beware: Oregon Courts Will Enforce Anti-Assignment Provisions in Insurance PoliciesAlter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials

Development

Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue

Employer/Employee Liability

Oregon’s Employer Liability Law: It Is Time for a ChangeLegislative Update: House Bill 4154OSHA Creep

Energy Efficiency Standards

One to Watch: BIAW Sues to Stop New Washington Residential Energy Efficiency Standards

Environmental Issues

Eight Things to Remember When Reviewing an Access EasementIs Late Notice A Big Deal? Ninth Circuit Asks For An Opinion From CA Supreme Court On Insurance QuestionOSHA’s New Dust Exposure Rule and Its Potential Impact on Construction Industry

Federal Contracting

Oregon Prevailing Wage PresentationSubcontractor Costs May Become Public Record in Federal Aid ContractsOwners and Developers: Watch Out for Section 106 of the National Historic Preservation Act

Financial Defaults

SNDAs – How to Handle from the Tenant’s PerspectiveChoice of Law Provisions Cannot Bypass California’s Prohibition on Jury WaiversNevada Lenders Beware! Mechanic's Liens Not Easily Avoided

Formation of Construction Entities

Avoiding Development Disasters: Land Inventory and 1031 ExchangesAlter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materialsDesign-Build Certification

General

The Importance of Staying Organized for DiscoveryDocument Preservation, Collection and Production ObligationsWhat to Consider When Analyzing Dispute Resolution Provisions for a Construction Project

Going Green

Some Commercial Property Owners Can Go Green With ‘Propertyfit’Going Green in a Big Way.Contractors Still Have Time: Certain CA Energy-Related Regulations Delayed to July 1, 2014

Green Building

Some Commercial Property Owners Can Go Green With ‘Propertyfit’When “Non-Binding” LOIs Become BindingBeware of LEED Minimum Program Requirements

Green Building and LEED

Some Commercial Property Owners Can Go Green With ‘Propertyfit’When “Non-Binding” LOIs Become BindingGoing Green in a Big Way.

Idaho

Construction-Related Activity Restrictions in Select States

Indemnity

Commercial Lease ImprovementsThink the ADA preempts contractual risk shifting? Not so fast, says the Ninth Circuit.Important Lessons from Record-Setting Settlement in Building Collapse Case

Infrastructure

Stoel Rives Helps WSDOT Defeat a $640 Million ClaimUpdate on Alaska Way Viaduct ReplacementConsiderations Before and After the Government Comes Knocking (or Preparing for Condemnation)

Insurance

Surety Bonds vs. Subcontractor Default InsuranceEnsuring Your Construction Project Remains InsuredBuilder’s Risk Policy Claim Checklist

Labor and Employment Issues

New Federal Rule Banning Noncompetes May Impact Construction IndustryCalifornia Passes Bills Expanding Rights to Both Paid and Unpaid LeaveUnderstanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

Land Use

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth CircuitThe United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative TakingsEstablishing a Legal Nonconforming Use

Leasing

California Expands Residential Tenant Protections to Certain Small Commercial TenantsNew Limitations on Commercial Leases Within the City of SeattleSubleasing: A Real Estate Strategy in a Post-Pandemic Economy

Legislation

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware OfNew Oregon Law Complicates Retainage on Construction ProjectsThree “Basic Best Practices” New Year Resolution Tips for Construction Projects

Licensing

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or CessationCalifornia Contractors State License Board (CSLB) Issues FAST FACTS for Contractor Referral BusinessesSolar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California

Liens

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing PeriodBe Aware (or Beware!) of Extended Mechanic’s Lien Rights

Litigation

Basic Information About the Court SystemConstruction Alert: Washington Court of Appeals’ Conway Opinion Provides New Guidance Regarding a Right to Cure, a Set-Off, and Recovery of Attorney FeesWhen “Art” Strikes Development

Live Blog

Live Blog From ABA Forum Meeting - Part 1

Mechanic's Liens and Stop Notices

Commercial Lease ImprovementsPractical Law and Stoel Rives LLP Publish New Lien Law Resources for WashingtonContractor Beware When Working With Developers to Assure Mechanic’s Lien Rights

Mergers & Acquisitions

Avoiding Development Disasters: Land Inventory and 1031 ExchangesWhen “Non-Binding” LOIs Become Binding

Minnesota

Construction-Related Activity Restrictions in Select States

Nevada

Construction-Related Activity Restrictions in Select States

Notable Projects

A New Architectural Icon Opens in Seattle

Oregon

Upcoming Event: Bisnow’s Portland State of the MarketUnderstanding the Nuances of Post-Closing Obligations in Oregon Real Estate Contracts: Lessons from Freeborn v. DowDeal Sweeteners for Clean Energy Development on Brownfield Sites

OSHA

Liability Laws Still Require Contractors to Follow Safety GuidelinesOR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 RulesLatest OSHA COVID-19 Safety Tips for the Construction Industry & Guidance on Drafting a COVID-19 Policy and Administering the Job Site to Minimize the Hazard

Owner Insolvency

Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materialsNevada Lenders Beware! Mechanic's Liens Not Easily AvoidedOwner/Developer Insolvencies and the Risks to Contractors

Payment Disputes

Can a Contractor Simply Walk Off a Job?Allocate Payments Clearly to Minimize Construction DisputesLegislative Update: House Bill 4154

Project Lenders

SNDAs – How to Handle from the Tenant’s PerspectiveNevada Lenders Beware! Mechanic's Liens Not Easily AvoidedA sign of hope: rental car garage at Sea-Tac to proceed

Public Construction Contracting

Oregon Prevailing Wage PresentationNew Oregon Law Complicates Retainage on Construction ProjectsUpcoming Seminar on Public Works

Public Private Partnerships

Public Private Partnerships Provide an Opportunity to Leverage Private Sector Expertise and Financing for Public BenefitWhen Is a Private Project a Public Work for Prevailing Wage Application in California?

Real Estate

California Expands Residential Tenant Protections to Certain Small Commercial TenantsWhat Landlords Should Know When Restaurant Tenants Go UnderUpcoming Event: Bisnow’s Portland State of the Market

Real Estate Finance

Some Commercial Property Owners Can Go Green With ‘Propertyfit’Default on Skyscraper Punctuates Dreary Outlook for Commercial Construction in Seattle

Real Estate Tax

Washington’s Capital Gains Tax Implications on the Transfer of Ownership Interests in Entities That Own Real Property

Recognition

Stoel Rives' Construction and Design Practice in National Spotlight

Residential and Home Building

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

Residential Building Regulations

Landlords Take Notice - New Sacramento Rent Control To Take Effect September 12Reminder of January 1, 2019 Mandatory New Notice Requirement by CA Residential Solar ContractorsOne to Watch: BIAW Sues to Stop New Washington Residential Energy Efficiency Standards

Risk Management

What to Consider When Analyzing Dispute Resolution Provisions for a Construction ProjectLesser-Known Insurance Policies for Addressing Risks of Construction ProjectsA Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

Safety/Personal Injury

Commercial Lease ImprovementsNew Fall Protection Regulations Being StudiedCriminal Charges for Contractor in Trench Collapse

States

2024 Update to The Construction Lien in Washington: A Legal Analysis for the Construction IndustryUpcoming Event: Bisnow’s Portland State of the MarketNew Law Requires Timely Payment of Undisputed Change Order Claims

Statutes of Limitation

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in CaliforniaWSBA Construction Section Annual Seminar - June 9, 2017Think all Oregon construction defect claims are governed by the same 10-year statute of repose? Think again.

Tax

Avoiding Development Disasters: Land Inventory and 1031 Exchanges

Tort Law

Contracts Are King, But Don’t Forget Tort Law

Uncategorized

As COVID Continues to Cripple Businesses, New Safety Technologies EmergeAre You Willing to Wait a Year? Popularity of CLT Leads to Growing Pains for SuppliersConstruction Defect Litigation Seminar

Union Issues

Understanding This Pension Rule May Help Contractors Avoid Costly Liability AssessmentsLegislative Update: House Bill 4154

Utah

The Importance of Third-party Beneficiary Clauses in ContractsConstruction-Related Activity Restrictions in Select StatesConstruction Work Under COVID-19 Orders in Utah

Warranty

Home Builder Alert: Washington Supreme Court Strikes Down One-Year Warranty Limitation in Home Construction ContractCommercial Lease Improvements“All Risk” Coverage Is Not Equal to “All Loss” Coverage Under Customary Provisions in California Builder’s Risk Policies

Washington

2024 Update to The Construction Lien in Washington: A Legal Analysis for the Construction IndustryNew Law Requires Timely Payment of Undisputed Change Order ClaimsWSBA Construction Law Section Midyear CLE Program

Welcome

Welcome

Workers Compensation

One Unanticipated Cost of Being an Owner-Builder in California: Liability for Retained Control over Safety