From the Ground Up
All Articles
Ending “Drive-By” Lawsuits Under the ADA
Businesses are required to comply with the obligations under Title III of the Americans With Disabilities Act (ADA)—there cannot be discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, or accom...
Continue Reading >
Washington Court of Appeals Signals Change in Notice Requirements Under Construction Contracts
Division III acknowledges hairline cracks in Mike M. Johnson rule.
“Close enough” only counts in horseshoes and hand grenades, and nowhere is that more true than when Washington courts are interpreting notice and claim procedures in construction con...
Continue Reading >
Individual Laborers Granted Lien Rights by Court
It has been generally assumed that only licensed contractors were entitled to file lien claims in the state of Washington for work they performed on real property for which they were not paid in full.1 That assumption has now been discarded in the re...
Continue Reading >
Isn't One Trial Enough? Jury Award Reversed and Remanded for Insufficient Evidence of Damages in Construction Contract Claim.
On October 26, 2016, the Oregon Court of Appeals reversed a general judgment and money award in favor of a general contractor because (1) the general contractor had failed to support its claim for damages for bonding and insurance costs with sufficie...
Continue Reading >
Portland's Construction Boom
Portland is quickly joining the ranks of American cities with the most significant construction projects.
According to a report Friday from the Seattle Times, Portland now ranks seventh in the nation in the number of construction cranes—just behind...
Continue Reading >
Opening the Door to Owner and General Contractor Liability Under Oregon's Employer Liability Law
General contractors and other employers (even some owners) have greater exposure under Oregon's Employer Liability Law (the “ELL”) to injured workers based on the recent Oregon Supreme Court decision in Yeatts v. Polygon Northwest Co. The ELL imposes...
Continue Reading >