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Strategies for Getting Difficult Contracts to the Finish Line

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

What Parties Ought To Consider When Considering Arbitration Provisions

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

Looking Back — and Forward — After Two Years of a Pandemic

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

Pandemic Creates Cause to Rethink Overlooked Contract Provisions

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

Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

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

COVID-19’s Potential Impact on Contracts -- Force Majeure and Related Concepts

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

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