Practice Area
General Contractors
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 affirmative defense can shield the contractor from all liability. Therefore, the contractor carries the burden to prove that the defects…
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Wednesday October 28, 2020 By: Michael Staskiews
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 alike. Unfortunately, things can slip through the cracks which, if not remedied within a certain period of time, can result…
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Wednesday August 26, 2020 By: Michael Staskiews
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 the contractor for his injuries, the contractor sought coverage from its insurer. Coverage was denied due to a subcontractor exclusion…
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Friday December 20, 2019 By: Firm Authorship
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 and professionals are held in claims of negligent construction, and the insurers’ duties to defend and indemnify, as well as…
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Thursday February 9, 2017 By: Paul Sheely
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 policy provision, whether coverage is triggered, and whether any exclusion applies.  It is possible that when damage is ongoing and…
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Wednesday September 28, 2016 By: Paul Sheely
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 for work involving a risk or danger.  This liability can extend to a subcontractor’s employee’s “indirect employer” (i.e., a general…
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Thursday August 25, 2016 By: Firm Authorship
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 this question in a case involving contractual arbitration. Claims Pointer: The Oregon Court of Appeals reversed the $27,035.50 in attorney…
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Thursday March 3, 2016 By: Cliff Wilson
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 ruled that in regards to a “spec” home (a home built on speculation that it will eventually sell) the 10-year…
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Thursday February 25, 2016 By: Paul Sheely
Success Story
Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered quadriplegic. When the injured worker sued the contractor for his injuries, the contractor sought coverage from its insurer. Coverage was denied due to a subcontractor exclusion in the insurance contract, and an $18,000,000 judgment was entered against the contractor.…
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Friday June 26, 2015 By: Firm Authorship
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, Smith Freed Eberhard partner Paul Sheely was able to persuade the circuit court judge that the applicable statute of repose…
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Thursday June 18, 2015 By: Paul Sheely
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