INSIGHTS2020-04-23T18:20:44+00:00
view all
FILTER
05.05.2020 // COVID-19 Webinar
CAICFL: COVID-19 Panel
VIEW WEBINAR 4/14 Central Florida:  Join CAI Central Florida to discuss COVID-19 and its impacts on your community. Hosted by Kelly Corcoran Chris Reed Adam Carls Tara Stone
05.05.2020 // COVID-19 Webinar
CAI OR: COVID-19 & YOUR COMMUNITY
VIEW WEBINAR 4/10 Portland Oregon: Ball Janik and CAI Oregon teamed up to host a one-hour LIVE educational webinar discussion on COVID-19 and your community association. Hosted by Rob Wilkinson Sara Eanni Dwain Clifford Scott Wells Clint Arp Laura McDermott
05.05.2020 // COVID-19 Webinar
CAINEFL: COVID-19 Panel
VIEW WEBINAR 4/6 Pensacola Florida:  Join CAINEFL for an expert panel discussing updated related to COVID-19 and your community. Hosted by Kelly Corcoran Hans Wahl Melissa Rowe
04.27.2020 // Honors
Ball Janik LLP Attorneys Jim McDermott, Stephen Janik, and Damien Hall Recognized in Chambers USA 2020
Ball Janik LLP’s is pleased to announce that its Portland office has been ranked in Chambers USA 2020 in the areas of Litigation: General Commercial and Real Estate: Zoning/Land Use in Oregon. Three of our firm’s partners were recognized as leaders in their fields in Oregon in the areas of Real Estate; Real Estate: Land Use/Zoning; and Litigation: General...
04.23.2020 // CONSTRUCTION LAW WATCH
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’ Association, Inc. v. Hamlet Homes Corporation, et al, the homeowners’ association has filed a lawsuit against the developers of the...
07.29.2019 // CONSTRUCTION LAW WATCH
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 abide by in using the software.  To start with we will review a limitation of liability I recently saw in...
07.22.2019 // CONSTRUCTION LAW WATCH
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 agrees to abide by in using the software.  Below are examples, that have been included in recent software agreements: “Company...
05.29.2019 // CONSTRUCTION LAW WATCH
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 service providers, the list goes on and on. Typically, users of software are handed a lengthy agreement and asked to...
04.11.2019 // THE POLICYHOLDER REPORT
Insured wins because “decay” and “rot” don’t have to mean the same thing
Earlier this week, the Washington Court of Appeals affirmed the bedrock principle in insurance-coverage cases that insurers will always lose when a genuine ambiguity controls whether an insurer will have to pay a claim. The ambiguity in this case arose both from lexicographers’ habit of capturing nuances in writing dictionary definitions of “decay,” and the...
03.26.2019 // CONSTRUCTION LAW WATCH
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 John Locke. In 1692, in a letter to Sir John Sommers, a member of England’s Parliament, Locke counseled the defeat...