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Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

By Eric Grasberger, Zachary Davis & Mario Nicholas

March 27, 2020

On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.” Unlike “stay home” orders in some other states—which prohibit the operation of all business unless specifically exempted—the Oregon Order prohibits the operation of specific categories of businesses identified in the Order (e.g., amusement parks, aquariums, etc.). Presumably, this means that if a category of business is not identified, then it is not subject to the…

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Tips for Owners and Contractors with Projects in the “Grey Area” of California’s COVID-19 Orders

By Tamara Boeck, Andrew Gibson & Mario Nicholas

March 26, 2020

In response to COVID-19, construction projects in California are currently subject to a statewide Executive Order and potentially other similar (or dissimilar) “stay home” or “shelter in place” orders or directives issued by counties and cities. Under the California statewide order, only businesses needed to maintain continuity of operations of identified federal critical infrastructure sectors (click here for the list) may continue to operate. Construction is not identified as a separate “critical infrastructure sector,”…

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COVID-19 Update: Washington Governor Issues Construction Guidance Memorandum

By Loni Hinton & Colm Nelson

March 26, 2020

On March 25, 2020, Washington Governor Jay Inslee issued a memorandum that provided members of the construction industry with additional guidance regarding the Stay Home, Stay Healthy Proclamation (20-25) issued on March 23, 2020 in response to the COVID-19 pandemic. The Proclamation raised a number of questions in the industry, including whether all residential construction was deemed an essential service. The Proclamation seemed to indicate in a parenthetical that “housing construction” was permitted but then went…

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Warning Signs that a Contractor May Be Overextended

By Sean Gay

February 26, 2020

If you are involved in the construction industry, like it or not risk management is part of your job. From home office executives to workers in the field, each person is expected to manage schedule, cost, and safety risks. While these risks are common, the recent prolonged period of economic growth has created new challenges, one of which is managing the risk of taking on larger or more projects than you can handle. In my…

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An Owner’s Guide to Accessibility Claims in Washington

By Karl Oles & Loni Hinton

February 26, 2020

When owners engage architects and accessibility consultants to design their projects, they naturally expect good design, but they must also be sure the design provides all users with the practical ability to use and enjoy the end result. Civil rights acts such as the ADA and Fair Housing Act were enacted to provide certain protected classes equal protection with regard to housing and places of public accommodation. Neglecting to correctly identify the applicability of such…

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Design-Build Lite – Construction Contracts with D-B Components

By Colm Nelson

February 18, 2020

For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants. We tend to view the project as design-price-build, unless an alternative procurement mechanism has been selected such as design-build. Consistent with this design-price-build model, the contractor’s review of the design is ordinarily not to identify errors and omissions or violations of law in the design, but purely to…

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Stoel Rives Helps WSDOT Defeat a $640 Million Claim

By Karl Oles

February 3, 2020

The biggest construction project in Seattle in recent years has been the replacement of a seismically compromised waterfront viaduct with a tunnel carrying State Route 99 under downtown. The project was delayed for about two years while the contractor repaired damage to its tunnel boring machine. The contractor claimed that the damage was caused by a steel well casing that the project owner, the Washington State Department of Transportation (“WSDOT”) had failed to disclose. The…

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Plan Ahead for Project Challenges in 2020

By Tamara Boeck

January 22, 2020

In the event of a near-term slowdown in the U.S. economy, analysts forecast that any resulting decline in construction starts will nevertheless leave the level of activity in that industry sector “close to recent highs.” As a result, project owners and general contractors already facing a strong demand for workers will continue to do so, further exacerbating difficulties they are having in hiring sufficient and/or properly trained personnel. A significant number of respondents to an…

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Are You Willing to Wait a Year? Popularity of CLT Leads to Growing Pains for Suppliers

By Sean Gay

January 17, 2020

The Daily Journal of Commerce recently reported that increased demand for mass-timber material, such as cross-laminated timber (“CLT”), has caused a shortage as suppliers struggle to expand production. Iain Macdonald, an industry executive interviewed for the article, stated that “lead times of a year have not been uncommon.” Increased demand has been fueled in part by several new (and in some cases, high profile) CLT projects across the United States and in Canada. One such…

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Design-Build and EPC Contracting Approaches Under Fire by Contractors

By Eric Grasberger

January 16, 2020

In a recent article in the ABA’s “Under Construction” publication (link here) the author describes a trend among some major contractors, including SNC-Lavalin, Fluor Corporation and Granite Construction, to leave the DB and EPC space. Other large contractors have announced similar intentions. The problem appears to be that the DB and EPC delivery methods are returning losses – or at least not the anticipated profits – on recent projects. Whatever the actual cause of…

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Development, Design & Construction Law Blog

Blog Authors

Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

Tips for Owners and Contractors with Projects in the “Grey Area” of California’s COVID-19 Orders

COVID-19 Update: Washington Governor Issues Construction Guidance Memorandum

Warning Signs that a Contractor May Be Overextended

An Owner’s Guide to Accessibility Claims in Washington

Design-Build Lite – Construction Contracts with D-B Components

Stoel Rives Helps WSDOT Defeat a $640 Million Claim

Plan Ahead for Project Challenges in 2020

Are You Willing to Wait a Year? Popularity of CLT Leads to Growing Pains for Suppliers

Design-Build and EPC Contracting Approaches Under Fire by Contractors

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