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Oregon Supreme Court Reverses Insurance Coverage Denial for Contractor in Twigg v. Admiral Ins. Co.

In a long-awaited decision that helps contractors obtain coverage for construction defects, the Oregon Supreme Court in Twigg v. Admiral Ins. Co. 371 Or. 308 (2025) ruled that coverage under a commercial general liability...more

Federal Contractors Must Address New Executive Order on DEI to Avoid Liability

The January 21, 2025 Executive Order (EO), titled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” was released and carries significant implications for federal contractors. Some of the implications for...more

Construction Notice of Completion Key to Unlocking Change Order Statutory Remedies

The Washington Legislature enacted a requirement that contractors and subcontractors must get paid promptly for undisputed additional work on both public and private construction projects. The new law enacted in 2024...more

[Webinar] Construction Series—Retainage Options in Oregon & Washington - July 9th, 9:00 am - 10:30 am PT

Oregon and Washington now allow contractors and subcontractors to avoid cash retainage by posting a surety bond with the owner, on both public and private/commercial construction projects. The process is similar in both...more

You Snooze, You Lose: Washington’s Strict Notice of Claim Requirements on Construction Projects Continues to Plague Contractors

Contractors in Washington State continue to look for judicial relief from the strict compliance with contractual notice requirements and still come up empty. The most recent example of forfeiture of payment is explained in...more

New Law Requires Change Orders Be Paid Within 30 Days for Private Construction in Washington

The Washington legislature continues its quest to bring private construction in line with the same rules as public work projects. On February 28, the Washington State Senate unanimously approved Substitute Senate Bill 6192,...more

Washington Public Contracts Require New Anti-Discrimination Clause Effective January 1, 2024

While current anti-discrimination laws in Washington (RCW Chapter 49.60) already apply to most employers, SB 5186 effective January 1, 2024, now requires that anti-discrimination clauses incorporating those protections be...more

Contract Drafting 101: Implied Warranties and Design Delegation

Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is...more

Washington Update: Contractor Registration Bonding Requirements Raised

The Washington State Legislature decided it was time to increase the bond required for licensing as a general and specialty contractor registration in Washington State. 2SHB 1534 raises the required bond amounts from $12,000...more

Retention Reform Bill Passed in Washington for Private Construction Projects

A recent Washington Bill 5528, sponsored by the Northwest Wall and Ceiling Contractors Association and the American Subcontractors Association of Washington, along with many other industry trade groups, successfully passed...more

Recession Planning: Prepare Ahead If Contract Terminated for Convenience

With a recession casting a dark shadow on the new year and news of various projects being put on hold, it is a good time to revisit the checklists on what to do if your contract is terminated for convenience....more

Seattle Tunnel Partners’ Bertha Case Sinks as Appeal Hits Dead End

In 2011, the Washington State Department of Transportation (WSDOT) agreed to pay Seattle Tunnel Partners (STP) $1.35 billion to construct a new tunnel under Seattle under a design-build contract. The project came to an abrupt...more

Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision...more

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