Gov. Signs Bill Easing Licensing Requirements for Rural Contractors
On April 3, 2018, Oregon Governor Kate Brown signed into law HB 4144, which eases licensing requirements for construction contractors, especially those in rural areas. Under the new Construction Contractors Board rules, an individual with [...]
Oregon Pressures Small Towns to Self-Perform Building Inspections
Property owners and contractors alike dread at least one phase of the building process more than others: permitting. For many, obtaining a building permit or getting a set of building plans approved by the local [...]
Identifying the Pitfalls and Landmines in Construction Contracts
A contractor often enters into a contract negotiation or bid process where there is little to no ability to negotiate the terms of the contract. It is for all practical purposes a “take it or [...]
Property Developers Need to Take Extra Steps to Protect Themselves from ADA and FHA Liabilities
The federal Fair Housing Act (“FHA”) and Americans with Disabilities Act (“ADA”) require property developers to provide reasonable accommodations for disabled individuals. In turn, property owners rely on their architect and engineer to design compliant [...]
10 Ways to Improve Your Company’s Chances of Getting Paid
Educate Yourself About the Project. If you are working with an owner that is new to you or if you are a subcontractor working with a general contractor with whom you have not worked previously, [...]
Oregon Court Endorses Broad Definition of “Property Damage”
In a recent case, the Oregon District Court adopted a liberal interpretation of “property damage.” The Oregon Shakespeare Festival Association (OSF) suffered a loss during its season: nearby wildfires caused smoke to infiltrate a partially [...]
Don’t Fret Your Flip: Mitigating Risks Particular to Homes Renovated for Resale
The breathless growth of Portland’s housing market has nurtured a growing income opportunity to developers who purchase homes for renovation and resale; so-called “house flippers.” Such homes not only provide potential profit for developers, but [...]
Joint Ventures and Contractor Licensing Requirements in Oregon and Washington
A client recently asked me to confirm when a joint venture must be licensed to bid and perform construction work. I explained that the answer depends on the name of the joint venture, where the [...]
The Focus is on “Discovery” of Claims after Goodwin v. Kingsmen Plastering, Inc.
Last week, the Oregon Supreme Court held in Goodwin v. Kingsmen Plastering (June 16, 2016), that a property owner must sue a contractor for negligent construction, if at all, within two years of when the [...]
Design Professional Firms Selling Prefabricated Accessory Dwelling Units, Building Substructures, or Micro Homes May Be Liable for Breach of Implied Warranty, or Strict Product Liability.
A recent Illinois State Court of Appeals decision has highlighted the distinction between providing a product for sale to the public on the one hand, and providing a service under a contract on the other. [...]
