This section provides an overview of all Construction Law publications.

Oregon Case Updates

• Replacement Cost Benefits: Must Replacement Be Complete?

  Friday, December 02, 2011
  
  

• The Clause that Binds: Sorting Out Inconsistencies in Arbitration Clauses

  Thursday, September 15, 2011
  
  

• New Oregon Law Voids Waiver of Subrogation Provisions in Construction Agreements and Insurance Policies

  Thursday, July 28, 2011
  
  

• Now or Later? When Should A Loss or Damage be Valued?

  Tuesday, June 28, 2011
  
  

• Contracts for Additional Insurance May Bar Contribution and Indemnity Claims

  Thursday, May 26, 2011
  
  

• Hearings to Determine Settlement Reasonableness Do Not Need a Jury

  Friday, April 08, 2011
  
  

• Negligent Tort Claims May Be Raised Against Builders

  Tuesday, March 22, 2011
  
  

• Court of Appeals Allows Assignment of Stipulated Judgments

  Tuesday, March 08, 2011
  
  

• How to Demonstrate a Personal, Family or Household Purpose Under the UTPA

  Monday, January 03, 2011
  
  

• “Oral v. Written Contract: Which SOL Applies?”

  Friday, October 15, 2010
  
  

• Determining the Duty to Defend in a Construction Defect Case

  Monday, October 04, 2010
  
  

• Supreme Court Defines “Roof” For Purposes of Homeowners Insurance Policy

  Monday, September 27, 2010
  
  

• Surety Bonds: Claimants are Entitled to Pro Rata Share

  Tuesday, August 31, 2010
  
  

• Construction Defects are Not an “Occurrence” in Hawaii

  Wednesday, July 21, 2010
  
  

• Oral Binders: What is Required to Supersede the Usual Terms of a Policy?

  Tuesday, June 08, 2010
  
  

• Subcontractors' Duty to Indemnify General Contractors

  Wednesday, April 21, 2010
  
  

• 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

  Monday, June 15, 2009
  
  

• Contract Provisions that Entitle the Prevailing Party to Attorney Fees Does Not Apply to Non-Parties to the Contract

  Monday, June 01, 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

• Admissibility of Expert Opinions: Scientific Acceptance Matters!

  Thursday, December 15, 2011
  
  

• A Doctrine by any Other Name: What is the Independent Duty Doctrine?

  Wednesday, September 21, 2011
  
  

• The Public Duty Doctrine: Government Employees Can Be Liable for Negligence

  Friday, July 08, 2011
  
  

• Homeowners’ Policies & the Cost of Building to Code

  Friday, April 08, 2011
  
  

• The Independent Duty Doctrine

  Tuesday, January 25, 2011
  
  

• When the Walls Fall Down…

  Thursday, November 11, 2010
  
  

• Liability for an Independent Contractor – A Sticky Situation

  Friday, October 29, 2010
  
  

• Construction Contracts: 2-10 HBW Warranty is Procedurally Unconscionable but One Year Suit Limitation in Home Purchase Agreement is Enforceable

  Thursday, September 16, 2010
  
  

• In Settlement, All Means All

  Monday, July 19, 2010
  
  

• Opportunity to Cure: When is a Purchaser Required to Provide Pre-litigation Notice to a Builder?

  Wednesday, July 14, 2010
  
  

• Continuing Loss + Multiple Policies = One Policy Limit

  Thursday, May 13, 2010
  
  

• Treble Damages: Contractors' Liability for Wrongful Trespass

  Wednesday, March 24, 2010
  
  

• Attorneys' Fees: Determining which Claims Arise Under a Contract

  Tuesday, March 23, 2010
  
  

• 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

• Preview of the 2011 Oregon State Bar Construction Law CLE on Residential Construction

  Thursday, May 12, 2011
  posted by: Jack Levy
  

• Litigators Need to Argue a Central Theme at Jury Trials - Portland Business Journal

  Thursday, April 15, 2010
  posted by: Jeffrey D. Eberhard
  

• 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
  
  

• The Dual Role of Expert Witnesses

  Monday, December 01, 2008
  
  

Newsletters

• Construction Reporter Summer 2010

  Thursday, June 24, 2010
  
  

• 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

• Webinar: The Six Building Blocks of Effective Claim Management

  Thursday, January 19, 2012
  posted by: Ryan J. McLellan, Robert S. May
  

• Fate of Construction Defect

  Wednesday, July 27, 2011
  posted by: Anne Cohen, Bruce R. Gilbert
  

• Smith Freed & Eberhard Website Tutorial

  Wednesday, August 11, 2010
  posted by: Justin R. Wickizer
  

• Vendor or Partner?

  Thursday, April 01, 2010
  posted by: Jeffrey D. Eberhard
  

• 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
  

Summary of Law

• 2011 Oregon and Washington Construction Defect Law Summary

  Monday, March 01, 2010
  posted by: Anne Cohen, Paul E. Sheely, Jack Levy, Bruce R. Gilbert
  

 

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