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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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What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
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...
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“Home Sweet Home”: The Impact of Urban Growth on Real Estate Property Disclosures in Oregon
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...
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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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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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