Community Managers, Attorneys, and Board Members Beware: Utah Lawsuit Highlights Risks
A lawsuit filed in March of this year in Utah highlights the risks involved in managing and advising community associations struggling with deficient construction and inadequate reserves. In the case of Daybreak Townhome 1 Owners’ [...]
Decoding (Mind-Numbing) Software Agreements: Part 4
In the fourth part of this series on decoding EULAs, we move onto limitation of liability. As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to [...]
Decoding (Mind-Numbing) Software Agreements: Part 3
In the third part of decoding EULAs, we focus on support terms also known as updates or modifications. As discussed previously, the EULA is the agreement containing the terms the user of a software program [...]
Decoding (Mind-Numbing) Software Agreements: Part 1
Software has become an integral part of the construction world and its use is only growing. There are hundreds of software providers for project management systems, estimating, schedule tracking, BIM, accounting, project portal, dropbox, cloud [...]
Oregon HB 2661 and Unintended Consequences
The law of unintended consequences theorizes that the actions of people – especially government – often have effects that are surprising or unplanned. The idea of unintended consequences is generally traced back to English philosopher [...]
A Long Time Ago, In a State Far, Far Away: How Does Another State’s Statute of Repose Affect a Product Liability Claim filed in Oregon?
Project owners and contractors often face challenges when defective building materials are used during construction. Bad building products can throw an entire construction project off kilter and, of course, can lead to litigation. Questions for [...]
Recent Oregon Supreme Court Case Involving Medical Negligence May Have Far-Reaching Impact On Discovery In Construction and Design Defect Cases
Last month’s Oregon Supreme Court decision in Ransom v. Radiology Specialists of the Northwest, 363 Or 552 (2018) will likely have far-reaching impacts on how discovery is conducted in construction defect cases in Oregon. Ransom [...]
Effectiveness of Suit Limitations in Community Associations’ Governing Documents
Construction defects plague many buildings in Florida, leading to lawsuits against developers and contractors. Seasoned developers have tried placing limits on their liability in a variety of ways, including inserting provisions in associations’ governing documents [...]
Decoding (Mind-Numbing) Software Agreements: Part 2
In the previous blog update (Part 1), I promised to continue decoding densely worded End User License Agreements (EULA). As discussed in the prior blog, the EULA is the agreement containing the terms the user [...]
A201-2017: A Brief Summary of the Differences a Decade Makes
As anyone who is taking the time to read this blog probably knows, the American Institute of Architects (AIA) construction contract forms are omnipresent. Which means you also probably know that in April 2017 the [...]
