Because construction liens can affect other interests in real property, both public notice and actual notice to certain parties with recorded interests are essential to a fair lien system. In Oregon, timely recording a claim of…
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/ Construction Law, Real Estate - Commercial
In Oregon, the construction lien was created by the legislature and codified in statute. As such, construction lien rights were not recognized at common law or in equity. As statutes in derogation of the common law, Oregon’s…
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/ Construction Law
Under Oregon law, construction lien claimants have a “direct” lien. Although the lien arises through the statutory agency of the contractor, for lien claimants other than the contractor, it is independent of the contractor and…
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/ Construction Law, Real Estate - Commercial
A construction lien is a statutory interest in privately owned real property. It is granted to individuals and entities who provide labor, materials, or services that improve the property…
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/ Construction Law
Oregon’s construction lien statutes are grounded in several public policy considerations…
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/ Civil Remedies, Construction Law, Real Estate - Commercial
Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after…
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/ Construction Law
Effective January 1, 2026, Washington’s newly enacted RCW 61.40.010 (the “Solicited Real Property Act”) introduces a suite of statutory protections for property owners in transactions initiated through direct solicitation. While…
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/ Commercial Law & Contracts, Real Estate - Commercial
After a year of policy review, the City of Tacoma has amended its ordinances to provide some landlords of affordable housing with significant relief from a number of onerous burdens imposed on landlords by the City’s “Landlord…
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/ Nonprofit Law, Real Estate - Residential
Why Understanding Liens is Important Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction…
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/ Civil Procedure, Construction Law, Real Estate - Commercial
Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature…
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/ Commercial Law & Contracts, Construction Law, Labor & Employment Law
As wildfires grow more frequent and severe across California, Oregon, and Washington, homeowners and businesses face mounting challenges in securing and maintaining property insurance. The Los Angeles wildfires alone have…
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/ Environmental Law, Insurance, Real Estate - Residential
Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts.
This article was…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law
Here are some useful basics if you have a dispute that may be headed to court for resolution…
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/ Civil Procedure, Civil Remedies
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…
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/ Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use
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…
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/ Administrative Law, Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use
