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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 Majeure Construction Work Under COVID-19 Orders in Utah Guidance 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 Disputes Why Early Mediations Often Fail, and Possible Remedies The Jury's Out: AAA Issues New Construction Industry Rules Expanding Powers of Arbitrators

Arbitration

Arbitration Provisions to Consider in a Proposed Design or Construction Contract What Parties Ought To Consider When Considering Arbitration Provisions The 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 Records Nevada Lenders Beware! Mechanic's Liens Not Easily Avoided California 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 Line Upcoming Seminar on Public Works No Right to Damages Between Public Works Bidders

Bond Claim

The Sureties Strike Back: The Expedited Dispute Resolution Performance Bond Washington Supreme Court Affirms Brightwater Decision Regarding Application of Olympic Steamship to Sureties On 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 Code An Owner’s Guide to Accessibility Claims in Washington One to Watch: BIAW Sues to Stop New Washington Residential Energy Efficiency Standards

California

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

Claims & Disputes

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’Arbitration Provisions to Consider in a Proposed Design or Construction Contract Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Commercial Construction Contracts

Arbitration Provisions to Consider in a Proposed Design or Construction Contract War-fueled Construction Cost Increases May Warrant Look at Force Majeure A 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 Of What International Developers Needs to Know About Condo Liability in Washington Washington 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

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’Trying Large Construction Disputes CLE—Seattle Preconstruction Services, Project Savings, and Great Expectations

Construction and Design

Some Commercial Property Owners Can Go Green With ‘Propertyfit’Home Builder Alert: Washington Supreme Court Strikes Down One-Year Warranty Limitation in Home Construction Contract Benefits and Risks of Involving a Project’s Contractor in The Design

Construction Claims

Construction Project Scheduling & Delay Claims CLE — Seattle Ideas to Help Contractors Build Better Projects in the Year Ahead Construction Project Scheduling & Delay Claims Seminar

Construction Contract Interpretation

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation New Oregon Law Complicates Retainage on Construction Projects Cyber Risk Update for Construction Companies

Construction Contracts

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’Preconstruction Services, Project Savings, and Great Expectations Can AI Be Trusted to Draft a Construction Contract?

Construction Defects

Construction Defect Litigation Seminar Think 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

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’Trying Large Construction Disputes CLE—Seattle Preconstruction Services, Project Savings, and Great Expectations

Construction Liens

Considerations for Contesting a Frivolous Lien in Washington Mitigation of Risk in the Age of COVID-19: Ten Ways Owners Can Protect Themselves Against Lien Claims in Washington Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation

Construction Litigation

Can We Avoid Court? Construction Mediation Agreement Considerations Washington Supreme Court Ruling Could Bring Changes to the Construction Industry Disgorgement 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 Change Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation Recession Warnings Pile Up: Harbinger of Liens?

Contractors

Preconstruction Services, Project Savings, and Great Expectations Efforts Expected of a Contractor When Efforts Clauses Are in Dispute A Reminder for Contractors of Perils of Not Registering

Contracts

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’Preconstruction Services, Project Savings, and Great Expectations Can AI Be Trusted to Draft a Construction Contract?

COVID-19

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

Cybersecurity

Cyber Risk Update for Construction Companies

Damages Claims

Builder’s Risk Policy Claim Checklist Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation An 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 Fees Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials One 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 Design Design-Build Lite – Construction Contracts with D-B Components Design-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 Plans Think 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 Policies Alter Ego: The $5MM personal danger of neglecting corporate formalities and utilizing substandard building materials

Employer/Employee Liability

Oregon’s Employer Liability Law: It Is Time for a Change Legislative Update: House Bill 4154 OSHA 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 Easement Is Late Notice A Big Deal? Ninth Circuit Asks For An Opinion From CA Supreme Court On Insurance Question OSHA’s New Dust Exposure Rule and Its Potential Impact on Construction Industry

Federal Contracting

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

Financial Defaults

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

Formation of Construction Entities

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

General

Trying Large Construction Disputes CLE—Seattle Construction Law Updates, Public Works Issues, and Judicial Perspectives on Litigation in an Evolving Courtroom Looking Back — and Ahead — After Two Years of a Pandemic

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 Binding Beware of LEED Minimum Program Requirements

Green Building and LEED

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

Idaho

Construction-Related Activity Restrictions in Select States

Indemnity

Commercial Lease Improvements Think 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 Claim Update on Alaska Way Viaduct Replacement Considerations Before and After the Government Comes Knocking (or Preparing for Condemnation)

Insurance

Surety Bonds vs. Subcontractor Default Insurance Ensuring Your Construction Project Remains Insured Builder’s Risk Policy Claim Checklist

Labor and Employment Issues

California Passes Bills Expanding Rights to Both Paid and Unpaid Leave Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments California Employers: Ignore Piece-Rate Compensation Rules at Your Peril

Land Use

Establishing a Legal Nonconforming Use Avoiding Development Disasters: Land Inventory and 1031 Exchanges Doing It Differently: Portland’s Plan to Redevelop the U.S. Post Office Site and Broadway Corridor

Leasing

Commercial Lease Improvements

Legislation

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

Licensing

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

Liens

New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period Be Aware (or Beware!) of Extended Mechanic’s Lien Rights Recession Warnings Pile Up: Harbinger of Liens?

Litigation

Construction Alert: Washington Court of Appeals’ Conway Opinion Provides New Guidance Regarding a Right to Cure, a Set-Off, and Recovery of Attorney Fees When “Art” Strikes Development Draconian Results for Local Agencies Influenced to Improperly Target Private Enterprise

Live Blog

Live Blog From ABA Forum Meeting - Part 1

Mechanic's Liens and Stop Notices

Commercial Lease Improvements Practical Law and Stoel Rives LLP Publish New Lien Law Resources for Washington Contractor Beware When Working With Developers to Assure Mechanic’s Lien Rights

Mergers & Acquisitions

Avoiding Development Disasters: Land Inventory and 1031 Exchanges When “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

Deal Sweeteners for Clean Energy Development on Brownfield Sites Oregon’s Employer Liability Law: It Is Time for a Change Some Commercial Property Owners Can Go Green With ‘Propertyfit’

OSHA

Liability Laws Still Require Contractors to Follow Safety Guidelines OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules Latest 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 materials Nevada Lenders Beware! Mechanic's Liens Not Easily Avoided Owner/Developer Insolvencies and the Risks to Contractors

Payment Disputes

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

Project Lenders

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

Public Construction Contracting

Oregon Prevailing Wage Presentation New Oregon Law Complicates Retainage on Construction Projects Upcoming Seminar on Public Works

Public Private Partnerships

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

Real Estate Development

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of Deal Sweeteners for Clean Energy Development on Brownfield Sites Some Commercial Property Owners Can Go Green With ‘Propertyfit’

Real Estate Finance

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

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 12 Reminder of January 1, 2019 Mandatory New Notice Requirement by CA Residential Solar Contractors One to Watch: BIAW Sues to Stop New Washington Residential Energy Efficiency Standards

Risk Management

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’Arbitration Provisions to Consider in a Proposed Design or Construction Contract Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Safety/Personal Injury

Commercial Lease Improvements New Fall Protection Regulations Being Studied Criminal Charges for Contractor in Trench Collapse

States

Trying Large Construction Disputes CLE—Seattle A Reminder for Contractors of Perils of Not Registering Deal Sweeteners for Clean Energy Development on Brownfield Sites

Statutes of Limitation

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California WSBA Construction Section Annual Seminar - June 9, 2017 Think 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 Emerge Are You Willing to Wait a Year? Popularity of CLT Leads to Growing Pains for Suppliers Construction Defect Litigation Seminar

Union Issues

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

Utah

The Importance of Third-party Beneficiary Clauses in Contracts Construction-Related Activity Restrictions in Select States Construction Work Under COVID-19 Orders in Utah

Warranty

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

Washington

Trying Large Construction Disputes CLE—Seattle A Reminder for Contractors of Perils of Not Registering Washington Supreme Court Ruling Could Bring Changes to the Construction Industry

Welcome

Workers Compensation

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

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