From the Ground Up

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Jan 15, 2019

Environmental, Legal Developments—California, From the Ground Up

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, continues to be amended to address errors and omissions in the original regulations. Proposition 65 applies to all businesses in the chain of com...

James Walker Recognized on the Daily Journal of Commerce Oregon "Phenoms and Icons" 2018

Dec 13, 2018

Construction, Firm News, From the Ground Up

Miller Nash Graham & Dunn LLP construction attorney James Walker was recognized as a 2018 Phenom by the Daily Journal of Commerce Oregon (DJC Oregon) on December 13 in Portland, Oregon. DJC Oregon’s newest award program honors local building indust...

Washington Supreme Court Upholds Strict Interpretation of Contractual Notice Provisions: Failure to Immediately Give Notice of Claim a Complete Bar to Recovery

Oct 03, 2018

Construction, From the Ground Up, Legal Developments—Washington

Nova, a public works contractor, filed a claim for breach of the covenant of good faith and fair dealing, based entirely on the City's untimely and repeated rejection of submittals to perform culvert work in Olympia. The Supreme Court held that the c...

Get Trained on New Requirements for Bidding on Public Works Contracts

Sep 21, 2018

From the Ground Up, Legal Developments—Washington

Washington’s “responsible bidder” law already imposes significant requirements on contractors bidding on public works contracts: for instance, bidders must obtain certain types of industrial insurance, maintain records of wages and components used in...

State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions

Aug 09, 2018

Land Use, Legal Developments—Oregon, Litigation, From the Ground Up

ORS 105.682 provides immunity from contract or tort claims to landowners who permit the public the use of their lands for recreational purposes. Under that statutory provision, a recreational user or the estate of such a user cannot sue the land...

Injunctive Relief Exclusive Remedy For Successful Bidder Seeking Damages on Construction Job Not Performed

Aug 02, 2018

From the Ground Up, Legal Developments—Washington

On July 26, 2018, the Washington Supreme Court issued a new decision addressing public bidding in Specialty Asphalt & Constr., LLC v. Lincoln County. Specialty Asphalt was the winning bidder on a paving project for Lincoln County. After not requ...