Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature....more
Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other...more
9/20/2024
/ Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Documentation ,
Email ,
General Contractors ,
Risk Mitigation ,
Subcontractors ,
Text Messages ,
Workplace Communication
When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has...more
When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more
5/22/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
General Contractors ,
Subcontractors
In April 2020, just weeks after Oregon Gov. Kate Brown formally ordered Oregonians to “Stay Home, Save Lives,” I asked whether construction projects could or should continue during the shutdown. While the order did not on its...more
The last time my byline appeared in this column, we were just a few weeks into the government-ordered lockdown, and I pondered whether construction projects could — or should — continue. In the year since, the construction...more
On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.”
Unlike “stay home” orders in some other states—which prohibit the operation of all business...more
With the global spread of COVID-19, businesses face challenges few have previously experienced. Many are grappling with the question, “What should we do when a business partner does not perform under a contract because of the...more