Author Info for Stoel Rives - Ahead of Schedule

Patrick Abell

Subleasing: A Real Estate Strategy in a Post-Pandemic Economy

In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Landlords

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Bethany Bacci

Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with…more

Collective Bargaining Agreements (CBA), Construction Industry, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions

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Tamara Boeck

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable…more

Arbitration, Arbitration Agreements, Arbitrators, Breach of Contract, Construction Contracts

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Evan Brown

On Notice: Why Notice and Claim Procedures in Construction Contracts Matter

Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions are…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Elizabeth Clampitt

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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Benjamin Criswell

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal…more

Conflicts of Interest, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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Sarah Stauffer Curtiss

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit

Policymakers have several tools for addressing the rising issue of homelessness in their communities. In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first…more

Constitutional Challenges, Eighth Amendment, Homeless Discrimination, Homeless Issues, Local Ordinance

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Zachary Davis

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 characterized…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Lou Ferreira

Latest OSHA COVID-19 Safety Tips for the Construction Industry & Guidance on Drafting a COVID-19 Policy and Administering the Job Site to Minimize the Hazard

OSHA’s General Duty Clause requires an employer to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. In the current pandemic, COVID-19 qualifies and contractors should…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, OSHA, Personal Protective Equipment

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Sean Gay

Lesser-Known Insurance Policies for Addressing Project Risks

Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further allocating…more

Commercial Insurance Policies, Construction Industry, Construction Project, General Contractors, Insurance Industry

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Andrew Gibson

Beware of ‘Standard’ Contract Terms; Nothing Is ‘Standard’

As a construction and design attorney who both negotiates contracts and litigates disputes, I’ve evaluated many a project gone wrong because of the rights, obligations, and remedies allowed by contract terms. Too often as…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Contract Claims

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Eric Grasberger

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months later…more

Arbitration, Arbitrators, Construction Industry, Dispute Resolution, Litigation Strategies

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Isaiah Hardy

Subleasing: A Real Estate Strategy in a Post-Pandemic Economy

In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Landlords

See all updates »

Jay Jetter

Washington Court of Appeals Upholds Assessment of Tax Liability Against Prime Contractor in Lanzce G. Douglass, Inc. v. Department of Revenue

Under Washington law, prime contractors perform construction for consumers, while speculative builders construct on property they own. The differentiation between these classifications is important because prime contractors are…more

Business Taxes, Construction Contracts, Construction Industry, Construction Project, General Contractors

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Joe McCarthy

4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One became…more

Affordable Housing, Child Care, Common-Interest Communities, Condominiums, Homeowners Association (HOA)

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Tim McMahan

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a pivotal…more

Conflicts of Interest, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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Colm Nelson

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of…more

Construction Industry, Construction Project, General Contractors, Independent Contractors, Land Developers

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Mario Nicholas

Can Artificial Intelligence Be Trusted to Draft a Construction Contract?

If you ask one of the leading artificial intelligence (AI) chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than…more

Artificial Intelligence, Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation

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Karl Oles

Basic Information About the Court System

Here are some useful basics if you have a dispute that may be headed to court for resolution…more

Court Administration, Court Schedules, Judicial System, Law Firm Associates, Law Firm Partners

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Kevin Pearson

Avoiding Development Disasters: Land Inventory and 1031 Exchanges

The ability to defer taxes through a 1031 Exchange can make or break a real estate transaction. But federal tax law does not treat all real estate owners equally. Under IRC Section 1031(a)(2), real property held “primarily for…more

Active Trade or Business Test, Capital Gains, Internal Revenue Code (IRC), Real Estate Investments, Real Estate Market

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Sarah Johnson Phillips

Contract Drafting Tips for Rooftop Solar and Carport Solar Leases

Adding solar energy facilities to a rooftop or a parking lot is an excellent way to put developed land to even more productive use. Hosting a solar array can create value for a property via a new revenue stream from rent…more

Contract Drafting, Contract Formation, Contract Terms, Energy Projects, Energy Sector

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Bart Reed

On Notice: Why Notice and Claim Procedures in Construction Contracts Matter

Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions are…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Allison Reynolds

The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

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Emily Schimelpfenig

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit

Policymakers have several tools for addressing the rising issue of homelessness in their communities. In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first…more

Constitutional Challenges, Eighth Amendment, Homeless Discrimination, Homeless Issues, Local Ordinance

See all updates »

Sabina Shapiro

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

See all updates »

Stoel Rives - Ahead of Schedule

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