From the Ground Up
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Discovery of Generative AI in Construction Disputes
Recent decisions on discovery of generative AI usage, particularly prompts, searches, and outputs, reflects a judicial instinct to apply familiar doctrinal framework to new technology, rather than create AI-specific discovery rules. Two decisions iss...
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Scylla and Charybdis in Public Contracting: EO 14398 and MBE Mandates
Executive Order 14398, signed March 26, 2026, is forcing contractors to rethink diversity practices in public procurement. EO 14398 targets “racially discriminatory DEI activities,” placing federal contractors under heightened scrutiny for decision-m...
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Retainage Bonds: A Practical Guide for Contractors and Owners in Washington
This article was prepared by Miller Nash attorney Jim Yand and Integrity Surety founder Kara Skinner as an accompaniment to their April 2026 American Subcontractors Association of Washington presentation entitled “Bonded Instead of Waiting: Understan...
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Webinar: Workplace Investigations on the Rise in the Construction Industry
Construction employers face unique challenges when responding to workplace complaints, from rotating crews and multiple employers on a single jobsite to informal, fast-paced communication that can allow issues to escalate quickly. Yet employers rem...
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Webinar: Navigating Oregon's New Construction Labor Payment Law (SB 426)
Will Owners and Contractors Have to Pay Twice for Labor? Are you ready for SB 426?
Miller Nash LLP hosted a free webinar on August 20 that broke down Oregon’s newly passed Senate Bill 426 and how it could significantly reshape exposure for labor cost...
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Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit
Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will also stay the normal eight...
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