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Retention on Progress Payments for Oregon Construction Projects is Now…Complicated
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...
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Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
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...
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Construction Webinar: Evaluating Alternative Delivery Methods in 2021—What’s Working and Pitfalls to Avoid
Miller Nash's construction team will be giving a presentation titled “Evaluating Alternative Delivery Methods in 2021—What’s Working and Pitfalls to Avoid” as a free webinar for construction industry professionals on Tuesday, September 28. Th...
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Governor Inslee Issues Vaccination Requirement for Most State Employees, Including Workers on State Construction Projects
Governor Inslee issued a new emergency proclamation on Monday, August 9, 2021 that now mandates vaccinations for workers on state projects after October 18, 2021. This vaccine mandate appears to be the trend for both public and private entities in Wa...
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Washington Supreme Court Provides First Guidance on CDC Eviction Moratorium Days Before the Emergency Measure is Set to Expire
Over the course of the COVID-19 pandemic, scant interpretive guidance has been provided to help businesses, individuals, and attorneys to navigate the various emergency orders and moratoriums concerning evictions in Washington. On July 22, just over...
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What Is a Warranty?
Warranties are ubiquitous in construction contracts and purchase orders. They are sometimes inducements. They are sometimes negotiated. Oftentimes, however, they are boilerplate, given scant consideration until an issue arises. As a creature of contr...
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