From the Ground Up

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What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.

Mar 07, 2022

From the Ground Up, Litigation

Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequat...

“Home Sweet Home”: The Impact of Urban Growth on Real Estate Property Disclosures in Oregon

Mar 03, 2022

By Vanessa Triplett Kuchulis

From the Ground Up, Real Estate

With its lush landscapes and relative affordability, Oregon is rapidly becoming a sought-after place to live. During the pandemic, densely populated and expensive cities like San Francisco, Los Angeles, and Seattle are seeing an exodus of residents a...

Construction Industry Groups Voice Frustration Over President Biden’s Pro-Labor Executive Order

Feb 18, 2022

By Ryan C. Hall

From the Ground Up, Construction, Legal Developments—National

Following recent attempts to secure his legacy as one of the most pro-labor presidents in U.S. history, President Biden now faces staunch opposition from construction industry trade associations who argue that his executive actions discriminate again...

Court Grants Garnishment of Unlawful Distributions and Transfers to LLC Members

Jan 20, 2022

By Jacob A. Zahniser

From the Ground Up, Legal Developments—Oregon, Litigation

Garnishment is a tool used by judgment creditors to collect on a judgment owed by the debtor-defendant. Property subject to garnishment includes monetary obligations owed by a third party to the debtor-defendant. In a recent decision by the Oregon Co...

Retention on Progress Payments for Oregon Construction Projects is Now…Complicated

Jan 11, 2022

By D. Gary Christensen

From the Ground Up, Construction, Legal Developments—Oregon

Retainage from progress payments is commonplace for most Oregon construction contractors. Traditionally, there have been few laws governing retention; almost all of the “rules” were established in the parties’ construction contract. Beginning in 2000...

Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance

Jan 03, 2022

By James T. Yand

From the Ground Up, Construction, Legal Developments—Washington

Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision has been applied by stat...