Recent Articles

Developer Licensing

Eric Grasberger
March 08, 2012 22:27

As any Oregon real estate developer likely knows, the Construction Contractor’s Board will require you to be registered as a contractor if you are developing land owned by another for a fee or developing land you own with the intent to sell. But many developers have followed what might be an...

Corps of Engineers reissues nationwide permit program

Stephen Kelly
March 08, 2012 19:00

Developers, contractors and designers, take note:  the Corps of Engineers has reissued its Section 404 nationwide permit program.  Our colleagues in the Environmental Law Group summarize the notable changes in this Legal News Alert.

Lots of Tunnels in Progress

Karl Oles
March 07, 2012 22:51

Drivers from Ballard to West Seattle are familiar with the Alaskan Way Viaduct replacement tunnel project. As they drive to and from downtown, they notice that the southern end of the Viaduct has been removed to make way for work on the south portal. But the Viaduct replacement project is not the...

A Recovery in the Construction Industry?

Stephen Kelly
February 03, 2012 21:57

The Department of Labor’s latest jobs report includes some encouraging news for the construction industry. In January, construction jobs increased by 21,000 and jobs in architectural and engineering services increased by 7,000. Over the past two months, “nonresidential specialty trade...

Live Blog From ABA Forum Meeting - Part 1

Karl Oles
February 03, 2012 00:17

2/1/2012; 4:37 p.m. I'm heading down to Houston for a meeting of the ABA Forum on the Construction Industry.  You can learn about the Forum on the ABA website. It has subdivisions that focus on various interests such as insurance, owners and lenders, etc. I'll try to "live...

Adopting Strategies to Minimize Liability Exposure

Eric Grasberger
January 31, 2012 00:26

On Wednesday, February 29, 2012, Sean Gay will speak at a seminar sponsored by HalfMoon LLC entitled “Minimizing Engineering Liability Exposure.”  Mr. Gay will speak about adopting strategies to minimize liability exposure.  The seminar will be held at the Doubletree Hotel,...

Starting a New Project? Don't Forget to Send a Notice of Right to a Lien to Trust Deed Holders and Mortgagees

Sean Gay
January 30, 2012 23:23

Under Oregon law, a construction lien generally has priority over a trust deed or mortgage on an improvement.  ORS 87.025(1).  If a construction lien claimant has priority over a trust deed or mortgage, the construction lien claimant will get paid from the proceeds of a foreclosure sale...

Utah Reverses Course on Apportioning Costs of Defense to Policyholders

January 26, 2012 01:18

 A recent Utah Supreme Court decision could result in significant benefits to some policyholders in Utah’s construction industry. The case, Ohio Casualty Insurance Co. v. Unigard Insurance Co., 2012 UT 1, concerned a fight between two insurers about how to split the costs of...

Washington Supreme Court Reverses Williams

Karl Oles
September 19, 2011 19:15

In Williams v. Athletic Field, Inc., 155 Wn. App. 434 (2010), the Washington Court of Appeals ruled that a lien filing was invalid because it was not properly acknowledged. This decision created a stir among Washington construction lawyers, because the lien claimant had used a lien filing service...

LEED Avoids Class Action, Energy Savings Claim Left Untested

August 23, 2011 22:04

There’s big news in the battle between consultants in the green building industry and the U.S. Green Building Council (“USGBC”). Following almost a year of litigation, it appears that the USGBC may have defeated a $100 million class action lawsuit brought by engineers and...