A Contractor May Be Able to Escape Liability for Construction Defects but Only if the Defects Solely Resulted from the Deficient Plans or Specifications
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…Read more »
Washington Court of Appeals Addresses when a Construction Contract Can and Cannot be Terminated Without a Remedy Period
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…Read more »
Oregon & Washington Construction Law Master Class
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…Read more »
Oregon Case Update: The Silent Complaint: Does Subcontractor’s Insurer have Duty to Defend Where Complaint Fails to Allege Subcontractor’s Negligence?
From the Desk of Ryan J. McLellan: Oregon law provides that a subcontractor’s insurer may have a duty to defend a general contractor and owner against damages arising out of the subcontractor’s own negligence. Because it is common for an…Read more »
OR Case Update: When is a Court Incorrect in Awarding Specific Fees?
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…Read more »
The homeowners association for Montara Townhomes brought a lawsuit for over $5 million for defective design and construction of its complex. The association was attempting to extract the majority of the $5 million dollars from 3 subcontractors; two framers and…Read more »
Oregon Case Update: New Trick for Small Subcontractor Claims
From the desk of Smith Freed Eberhard: In Oregon, there is a growing trend from the plaintiffs bar to make construction defect claims for property damages under $10,000 that carry along potential exposure to attorney fees. Claims Pointer: If a…Read more »
Oregon Case Update: Insured’s Settlement with Plaintiff Found to be Not Binding on Insurer
From the Desk of Jeff Eberhard: This case discusses how and when a promise by a plaintiff to seek recovery from an insurer, instead of a defendant insured, will prevent that plaintiff from doing so. Claims Pointer: If a plaintiff…Read more »