If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more
Historically in California, professional negligence cases were limited to parties who had contracted with each other. The theory was that if a professional didn't have a contract with the plaintiff, then the professional did...more
When a construction project goes bad, there will often be more than one party looking for payment. The project owner might fail to pay both the contractor and the lender. If both the contractor and lender have liens, whose...more
In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic's lien, over the project owner's objection, even though the contractor had not provided a preliminary notice of lien to the...more
In a perfect world, every property owner would promptly pay their contractor's bill. Of course, we do not live in a perfect world. For that reason, contractors are able to record construction liens to secure their payment...more
The Washington Supreme Court recently held that a contractor is not required to provide a property owner with a prelien notice in order to have a valid lien for labor provided to a construction project.
Washington...more
One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of...more
When it comes to insurance contracts, the devil is often in the details, as a recent Oregon Court of Appeals case illustrated. In The Final Table, LLC v. Acceptance Casualty Insurance Co., an individual was seriously injured...more
Commercial tenants frequently hire contractors to perform work in their leased space. If the tenant does not pay the contractor, can the contractor record a lien against the leased premises? In Oregon, it will likely depend...more
In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more
You control two entities with substantially similar names that are general partners. You accidentally name the wrong entity in a construction contract. What could the fallout be from such a minor mistake? As a recent...more
In a recent decision, the United States Bankruptcy Appellate Panel of the 9th Circuit clarified an important step that construction lienholders must take to perfect their liens when the debtor has filed a bankruptcy petition...more
Subject to two exceptions discussed later, under California law a landowner is not liable to an independent contractor who is injured due to safety issues on the jobsite. In a recent case, Gonzalez v. Mathis, the California...more
When a general contractor enters into a subcontract with a subcontractor, the general contractor will usually want to make sure that the subcontract is consistent with the prime contract. The general contractor wants to...more
The California Court of Appeal recently reversed a trial court's dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner's claim "occurred" for purposes of an insurance policy, that dispute...more
The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act as applied to a company that provided an allegedly defective product in a residential construction project. In...more
The California Court of Appeal recently discussed an owner's remedies (and some limits to those remedies) when a contractor improperly records a mechanic's lien. According to the court's analysis, the owner's primary remedy...more
The Oregon Court of Appeals recently issued a decision touching on the economic loss doctrine and vicarious liability in a construction dispute. The outcome provides key lessons for manufacturing companies that may maintain...more
Update: On April 16, 2020, Washington Governor Jay Inslee issued Proclamation 20-19.1 to expand and extend statewide prohibitions regarding residential and commercial tenancy lease enforcement and eviction. The following...more
On April 1, 2020, Oregon Governor Kate Brown issued Executive Order 20-13, limiting commercial landlords' ability to terminate leases for nonpayment of rent. The order provides that a commercial landlord cannot terminate a...more
In the wake of the COVID-19 pandemic, state and local governments throughout the country have enacted emergency measures imposing moratoria on evictions. ...more
Under Oregon law, a contractor or subcontractor must file a construction lien within 75 days “after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction,...more