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Court Grants Garnishment of Unlawful Distributions and Transfers to LLC Members
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...
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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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Oregon County Adopts Historic Goal Exception Allowing Beachfront Protective Structures
At the core of Oregon’s coordinated land-use-planning law are 19 “statewide planning goals.” These goals set forth policy and directives that local governments must follow in crafting their planning ordinances and zoning code. To deviate from these m...
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What the Infrastructure Bill Means for Transportation, Construction, and Real Estate in the Northwest
The much anticipated trillion-dollar federal infrastructure bill has now been signed by President Biden. Under the bill, Washington and Oregon are projected to receive billions in funds: Washington: $228 million for Seattle-Tacoma International Air...
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Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations
The Washington Supreme Court handed down a new framework last week on an employer’s responsibility at the worksite for health and safety violations. The Tradesmen decision results from two separate lawsuits involving different industries in which st...
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