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From the Ground Up

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Responding to a Crisis: How Human Resources Can Make Things Better, Not Worse
Just as unforeseen site conditions can test a contractor’s problem-solving skills, unexpected events can test a construction-industry employer’s crisis-management readiness. Crisis can hit at any time, and individuals involved in human resources are...
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Warranty vs. Correction Period: What's the Difference Between These Clauses?
Chances are that if you’ve ever read an industry-standard construction contract, you’ve noticed that for a period of time after substantial completion of the project (usually 12 months), the contractor is required to come back and fix any defective w...
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Construction Industry Groups Voice Frustration Over President Biden’s Pro-Labor Executive Order
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...
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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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