Practice Area
General Contractors
Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode, Justin…
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Thursday July 22, 2021 By: Ashley Nagrodski
Washington Supreme Court Says Termination of a Contract, Not for Default, Equals a Termination for Convenience
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Ashley Nagrodski: These two forms of termination commonly result in different financial consequences for the contractor. This case addresses such an occurrence and illustrates how an entity can…
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Wednesday July 21, 2021 By: Ashley Nagrodski
A Contractor May Be Able to Escape Liability for Construction Defects but Only if the Defects Solely Resulted from the Deficient Plans or Specifications
Legal Alert
From the desk of Mike Staskiews: A contractor may be able to escape liability for a breach of contract due to construction defects, if the contractor proves the defects were caused by the owner’s own defective plans or specifications. This…
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Wednesday October 28, 2020 By: Michael Staskiews
Washington Court of Appeals Addresses when a Construction Contract Can and Cannot be Terminated Without a Remedy Period
Legal Alert
From the desk of Mike J. Staskiews: It is no secret that major public works projects come with major potential for safety risks and hazards. Contractors strive to protect the health and wellbeing of their workers and the general public…
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Wednesday August 26, 2020 By: Michael Staskiews
An $18,000,000 Dismissal
Success Story
Claims Alleged: Personal Injury Injuries Alleged: Quadriplegia Amount Claimed: $18,000,000 The Background Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered a quadriplegic. When the injured worker sued…
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Friday December 20, 2019 By: Firm Authorship
Oregon & Washington Construction Law Master Class
Webinar
The world of construction presents a large number of issues for contractors, subcontractors, engineers, architects, and their insurers.  In this presentation, we address the basics of the law, including statutes of limitation and repose, the standards to which construction companies…
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Thursday February 9, 2017 By: Paul Sheely
Oregon Construction Case Law Update: Prior Continuous Property Damage Will Trigger Policy
Legal Alert
  Oregon Construction Case Law Update: Prior Continuous Property Damage Will Trigger Policy From the desk of Paul Sheely: Where coverage is in dispute, the courts will interpret the insurance policies to determine whether the alleged damage falls under a…
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Wednesday September 28, 2016 By: Paul Sheely
Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability
Legal Alert
Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability From the desk of Smith Freed Eberhard: Oregon’s Employer Liability Law (“ELL”) imposes nearly strict liability for owners, contractors, and subcontractors who are responsible…
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Thursday August 25, 2016 By: Firm Authorship
OR Case Update: When is a Court Incorrect in Awarding Specific Fees?
Legal Alert
From the desk of Cliff J. Wilson: In what context will an award for attorney fees or enhanced prevailing party fees stemming from an arbitration likely be overturned? Read on to see how the Oregon Court of Appeals recently answered…
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Thursday March 3, 2016 By: Cliff Wilson
OR Case Update: Which 10-Year Statute of Repose Will Apply to a “Spec” Home Purchase?
Legal Alert
From the desk of Paul Sheely: In a construction defect case involving a purchase and sale agreement for a “spec” home, when will the 10-year statutory period to commence an action begin to run? Claims Pointer: The Oregon Supreme Court…
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Thursday February 25, 2016 By: Paul Sheely
Running Out The Clock
Success Story
SFE Attorney: Paul Sheely Plaintiff Attorney: Christopher Grady City, Co., State: Washington County Circuit Court, Oregon Claims Alleged: Construction Defect Injuries Alleged: Construction Defect Admitted Liability: No Amount Claimed: $200,000 The Overview In a question of first impression for Oregon,…
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Thursday June 18, 2015 By: Paul Sheely
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