The construction industry has proved adaptable over the course of the pandemic — owners and general and trade contractors have worked closely to ensure that work continued, while keeping workers safe and complying with the various government-ordered and -recommended practices
Ahead of Schedule
Real Estate, Development & Construction Law Blog
Ahead of Schedule, published by Stoel Rives LLP, focuses on legal developments and practical guidance primarily in real estate, construction, and dispute resolution. The blog covers regulatory changes affecting real estate professionals, contract drafting strategies to anticipate litigation risks, and evolving laws impacting construction project payments and retention. It also explores mediation dynamics and the implications of contract clauses such as third-party beneficiary provisions. The content is aimed at helping legal practitioners, developers, contractors, and brokers navigate compliance, risk management, and dispute resolution within these sectors.
Latest from Ahead of Schedule - Page 14
Benefits and Risks of Involving a Project’s Contractor in The Design
By Karl Oles
The roles of designers and contractors are being combined for more and more construction projects, an approach that comes with both benefits and risks. Several methods of project delivery are commonly in use, none of which is entirely exclusive —…
New Washington Case Strictly Construes Lien Statute and Rejects Warranty Work as Basis to Extend Lien Filing Period
By Bart Reed & Loni Hinton
In its March 11, 2021 opinion, Division Three of the Washington Court of Appeals considered whether the 90-day period to record a claim of lien is extended by a contractor performing work after substantial completion to correct nonconforming work –…
Strategic Tips That Parties Should Consider When Mediating Disputes
By Sean Gay
Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation…
Three Tips for Owners and Contractors to Improve Their Odds of Success in 2021
By Tamara Boeck
While all of us begin 2021 still confronting the challenge of COVID-19, construction project owners face particular pandemic-related issues in their industry, including the need to maintain strict best practices for projects and manage scheduling and labor challenges for existing…
Why Early Mediations Often Fail, and Possible Remedies
Unlike 20 years ago, when a mediation – a commonly used route for resolving disputes in the construction claims process – was typically held close to the trial date, today the prospect of an early settlement can lead to the…
Ensuring Your Construction Project Remains Insured
In too many cases, the developers, builders and designers of a construction project focus on starting work and pay inadequate attention to making sure important details of their insurance coverage are fully in place. Coverage denials can result from deferring…
OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules
On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. Our alert about the new rules is available here.
Among other requirements, the new rules require…
Mitigation of Risk in the Age of COVID-19: Ten Ways Owners Can Protect Themselves Against Lien Claims in Washington
By Bart Reed
Among the many effects on the U.S. economy of the COVID-19 pandemic, construction projects that started before it began but were halted in its aftermath may be slow to resume or be abandoned altogether thanks to funding issues. Contractors, subcontractors,…
When to Have the Hard Talk About Setting Liquidated Damages
By Colm Nelson
In my latest column for the Daily Journal of Commerce, I look at the concept of liquidated damages – in my experience one of the top five heavily negotiated (and litigated) clauses in a construction contract. Because a project owner’s…