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Contract Drafting 101: Implied Warranties and Design Delegation
Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is confronted by an owner’s claims t...
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Seattle Tunnel Partners’ Bertha Case Sinks as Appeal Hits Dead End
In 2011, the Washington State Department of Transportation (WSDOT) agreed to pay Seattle Tunnel Partners (STP) $1.35 billion to construct a new tunnel under Seattle under a design-build contract. The project came to an abrupt halt when Bertha, the tu...
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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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