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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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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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What Is a Warranty?
Warranties are ubiquitous in construction contracts and purchase orders. They are sometimes inducements. They are sometimes negotiated. Oftentimes, however, they are boilerplate, given scant consideration until an issue arises. As a creature of contr...
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State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions
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...
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Buzz Kill: Coffee Companies Roasted by Court Over Warning Labels
Chances are that if you live in or have visited California, you have seen conspicuously placed “WARNING” signs notifying you that a product you are consuming or a location you are entering “contains chemicals known to the State of California to cause...
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Supreme Court Clarifies Requirements for Lawsuit on a Lien Release Bond
Bonding around mechanics liens can be an efficient way to close out a project when disputes arise, but case law and statutes created some ticklish questions about who needed to be included in any subsequent lawsuit. Now, the Washington Supreme Court...
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