From the Ground Up
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Washington Speculative Builders: Tax Traps for the Unwary
What’s in a name? For real estate developers operating in Washington State as a “speculative builder” rather than a “prime contractor,” naming matters. Speculative builders are not required to pay retailing business and occupation (B&O) tax or colle...
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Vancouver Seeks to Expand Affordable Housing Opportunities
The Vancouver area has grown rapidly in the past decade and this growth has increased the demand for housing, however the supply is struggling to keep up. This in turn has led to higher rents and higher home prices, leaving a dearth of affordable hou...
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Prospective Purchaser Agreements: The Importance of PPAs When Purchasing Contaminated Oregon Properties
Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook the fact that Oregon offer...
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EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement
On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM E1527-21 “Standard Practice f...
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In the Contract or Out of the Contract? Payment Claims for Extra Work in Oregon
When a contractor performs “extra” work—more than its construction contract contemplates—how can it be paid? A common question, indeed. And one that usually is easily answered with a change order or extra work directive. But what if the change order...
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PFAS Year-End Review: EPA Lays Groundwork for Tighter Regulatory Scrutiny
2022 was a foundational year for the Environmental Protection Agency’s (EPA) planned actions to regulate per- and poly-fluoroalkyl substances (PFAS) under its PFAS Strategic Roadmap (Roadmap). Since issuing its Roadmap in October 2021, EPA has set ou...
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