Practice Area
Subcontractors
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
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
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 injured employee to receive workers’ compensation benefits and therefore omit his own employer from a complaint, it is not always…
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Thursday June 2, 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
Success Story
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 a sider. Smith Freed Eberhard represented one of these two framers. After a month-long trial, the jury concluded that the…
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Thursday June 18, 2015 By: Paul Sheely
Legal Alert
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 claim is received with a demand for payment of under $10,000 for property damages and a demand for attorney fees…
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Wednesday May 14, 2014 By: Firm Authorship
Legal Alert
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 engages in a settlement agreement with a defendant that includes a promise not to seek recovery from the defendant, the…
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Thursday March 7, 2013 By: Jeff Eberhard
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