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Oregon Update: Two Significant Developments in the Project Labor Agreement and Community Work Agreement Saga

We've previously addressed Oregon Gov. Kotek's Executive Order No. 24-31 requiring the use of Project Labor Agreements on certain state construction projects. On March 24, 2025, Marion County Circuit Judge Thomas M. Hart...more

Oregon Governor's Executive Order Regarding Project Labor Agreements (PLAs) for State Construction Projects

Oregon Governor Tina Kotek issued Executive Order No. 24-31, titled "Establishing Project Labor Agreements[1] for State Construction Projects" ("EO 24-31" or "Order"), on December 18, 2024. On December 31, 2024, the...more

Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal...

The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a...more

One Step Closer: Interstate 5 Bridge Replacement Program Receives $1.499 Billion FHWA Grant

On July 12, 2024, the Interstate Bridge Replacement (IBR) Program was awarded a $1.499 billion grant through the Federal Highway Administration's Bridge Investment Program for the replacement of the I-5 bridge between Oregon...more

Interstate 5 Bridge Replacement Project Becoming a Reality

The project to replace the Interstate 5 bridge between Portland, Oregon, and Vancouver, Washington, is becoming more reality than dream. For those who have traveled that stretch of I-5, or moved goods from the Ports or...more

What's in Store for Oregon Housing in 2024?

Two years ago, I wrote about how the pace of homebuilding in Oregon was not keeping up with demand. As explained in the post, according to the Oregon Home Builders Association, at that time Oregon was experiencing a demand...more

Oregon Court of Appeals Addresses an Insurer's Duty to Defend and Affirms "Complete Defense" Rule

On September 13, 2023, the Oregon Court of Appeals ("Court") addressed several arguments made by an insurer, Arrowood Indemnity Company ("Arrowood"), as to why it did not have a duty to defend, or why it should only defend...more

Washington's New Requirements for Construction Defect Notices – Does the New Statutory Language Contain an Error?

On July 23, 2023, changes to Washington's construction defect notice statute, RCW 64.50.020, took effect. The new requirements apply to construction defect notices sent on behalf of condominium associations. But does the...more

Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?

The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.However, an unpublished decision filed December 12, 2022, by the Washington Court of...more

Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases

On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., ("Kizer") could not maintain a quantum meruit claim against a general contractor, defendant Stout...more

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