Construction & Development

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This section provides an overview of all Construction Law publications.

Oregon Case Updates

Non-licensed Contractor Owner-builders' Duty to Home Buyers

Tuesday, December 29, 2009
Builders Can Be Held Liable in Tort for Violating Statutes or Rules

Wednesday, September 30, 2009
Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

Wednesday, August 19, 2009
Unless Otherwise Defined in the Policy, “Collapse” Only Requires a Partial Involuntary Drop or Descent of an Object

Tuesday, June 30, 2009
Subcontractor Has to Provide a Complete Defense to General Contractors

Tuesday, June 16, 2009
Contract Provisions that Entitle the Prevailing Party to Attorney Fees Does Not Apply to Non-Parties to the Contract

Tuesday, June 02, 2009
Completed Operation Exclusion Found Effective to Deny to Defend Even Though Work Was Performed by Subcontractor

Wednesday, May 20, 2009
Anti-Assignment Clauses Will Only Bar Pre-Loss Assignments Unless They Specifically State Otherwise

Wednesday, April 22, 2009
Portland, Oregon Jury Uses Common Sense

Monday, April 20, 2009
Asbestos Claims Require Plaintiff to Show that Defendant Actually Made, Sold or Marketed the Asbestos that Harmed Plaintiff

Wednesday, March 04, 2009
Breach of Construction Contract Claims Must be Brought within 6 Years of Breach

Wednesday, December 24, 2008
Principals Bound by Agents’ Unsanctioned Acts if Apparent Authority Exists

Thursday, November 06, 2008
Evidence in Asbestos Litigation

Wednesday, May 21, 2008
Evidence in Asbestos Investigation

Wednesday, May 21, 2008
Subsequent Purchasers of Property May Bring Construction Defect Claims in Oregon

Thursday, March 20, 2008
Federal Trial Judge Holds Similar Contractual Obligations Sufficient to Survive MSJ on Contribution and Indemnity Claims

Monday, July 16, 2007

Washington Case Updates

Determining the Validity and Scope of Arbitration Clauses, and the Right to Invoke Arbitration Clauses after Summary Judgment Motions

Thursday, November 19, 2009
Contractor Held Liable for Injuries Incurred After Release of Liability for Construction Defects

Thursday, August 13, 2009
The Economic Loss Rule Does Not Bar Claims for Rescission, Nor Preclude Claims Based on Breach of Statutory or Common Law Duties

Wednesday, July 08, 2009
A Subcontractor’s Mere Knowledge of a Safety Violation and Failure to Remedy It Does Not Establish Control to Impose a Duty under WISHA

Monday, June 22, 2009
Bad Faith Damages Will Not Be Awarded Where There is No Harm to Redress

Wednesday, May 27, 2009
The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

Thursday, March 05, 2009
Jury’s Determination of Contributory Negligence Difficult to Overturn

Tuesday, February 10, 2009
In Deciding Motions to Compel Arbitration, Washington Courts Must Leave Determinations of Merit and Procedure to the Arbitrator

Tuesday, January 20, 2009
Settlement Agreement Resolving “All Claims” does not Preclude Later Claim for Attorney Fees

Monday, December 15, 2008
Late Notice: Contribution and Subrogation

Thursday, September 04, 2008
Insurer’s Defense of Lawsuit Held Not Voluntary

Monday, July 14, 2008
Comparative Fault Has No Role in Construction Defect Reasonableness Hearing Based on Contractual Obligations & Statutory Warranties

Monday, July 07, 2008
Liability of Excess Carrier When Primary Insolvent

Monday, April 07, 2008
Lawsuits Against LLCs Barred Three Years After Administration Dissolution

Monday, March 17, 2008
Bad Faith: Settlement By Insured Without Insurer’s Consent

Tuesday, June 05, 2007
Property Owner Not Liable for Dangerous Defect of Public Sidewalk or Boardwalk Unless Their Actions Caused the Defect

Tuesday, February 27, 2007
Doctrine of Completion and Acceptance Abandoned

Thursday, January 18, 2007
“Scope of Employment” and “Own” Language in Contractor’s Liability Policy Held Unambiguous

Tuesday, January 16, 2007
Language in Contractor’s Liability Policy Held Unambiguous

Tuesday, December 26, 2006

Articles

Construction Defect Litigation Trends

Tuesday, October 13, 2009
posted by: Jack Levy
Oregon Negligence: Forseeable Risk? Send it to the Jury

Thursday, March 05, 2009
posted by: Heather L. McNamee
The Court Interprets Amendment to Planned Community Act

Tuesday, March 03, 2009
posted by: Anne Cohen
Washington’s Consumer Protection Act: An Avenue of Recovery for Construction Defects by Subsequent Purchasers?

Sunday, February 22, 2009
posted by: Blair E. McCrory
In Oregon, the Duty to Defend Under a Hold Harmless Contractual Indemnity Provision is the Same as an Insurer’s Duty to Defend Its Insured Under a Liability Policy

Thursday, January 08, 2009
The Dual Role of Expert Witnesses

Monday, December 01, 2008
posted by: Mikki Kelly

Newsletters

Construction Reporter Spring 2010

Thursday, March 04, 2010
Construction Reporter Fall 2009

Tuesday, December 01, 2009
Construction Reporter Summer 2009

Thursday, July 30, 2009
Construction Reporter Spring 2009

Friday, May 01, 2009
Construction Reporter Winter 2008

Monday, December 15, 2008
Construction Reporter Summer 2008

Friday, August 15, 2008

Webinars

Construction Delay Claims

Wednesday, December 30, 2009
Mold and Indoor Quality Issues

Wednesday, December 30, 2009
Insurance Coverage for Construction Claims

Wednesday, December 30, 2009
posted by: Jack Levy
Introduction to Building Codes and Standards

Wednesday, December 30, 2009
Reading Plans and Specifications

Wednesday, December 30, 2009
Oregon Attorney Fees Webinar: ORS 20.080 and ORS 742.061

Thursday, August 20, 2009
posted by: Ryan J. McLellan, Joshua P. Hayward

Summary of Law

Amendment to 2009 Oregon Construction Defect Law Summary

Friday, May 01, 2009
2009 Washington Construction Defect Law Summary

Friday, May 01, 2009
2009 Oregon Construction Defect Law Summary

Friday, May 01, 2009