Getting construction underway before a contract is signed can feel like a practical necessity in fast-paced projects. But what seems like progress can create unintended legal and operational risks. Modern construction agreements are detailed documents that define scope, risk allocation,
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Understanding Washington’s New Solicited Real Property Act
Effective January 1, 2026, Washington’s newly enacted RCW 61.40.010 (the “Solicited Real Property Act”) introduces a suite of statutory protections for property owners in transactions initiated through direct solicitation. While many prospective purchasers will be impacted, this provision will have
2026 Best Practices for Construction Project Insurance
Insurance is meant to serve as a safety net for any construction project. But too often, that net has holes—some visible, many not. From ambiguous endorsements to missing documentation, small oversights can lead to major coverage gaps when a claim
Tacoma Passes Eviction Relief for Some Landlords
After a year of policy review, the City of Tacoma has amended its ordinances to provide some landlords of affordable housing with significant relief from a number of onerous burdens imposed on landlords by the City’s “Landlord Fairness Code Initiative”
Authorship and Data Disclosure Risks in Construction and Design
Originally published to the Oregon Daily Journal of Commerce on December 18, 2025
Contractors and design professionals are rapidly incorporating artificial intelligence (AI) technology into their work. We construction lawyers are striving to keep up with the breakneck pace of
Major Regulatory Changes Coming to Oregon’s Real Estate Industry in 2026
Oregon’s real estate professionals are on the cusp of a sweeping regulatory overhaul. House Bill 3137, signed into law in June 2025 and taking effect January 1, 2026, introduces significant new responsibilities for brokers, tighter oversight of teams, and expanded
Hidden but Present: The Impact of ‘Dark Matter’ in Mediation
Mediation doesn’t just turn on contracts, case law, or the strength of your facts. Just like “dark matter” shapes the universe without being seen, unseen forces often shape the outcome of settlement talks.
After years of helping clients resolve disputes,
Contracting with potential litigation in mind
Litigation isn’t top of mind at the outset of a construction project, but smart contracting means planning for it anyway. Early in the process, parties can build contractual terms that anticipate potential disputes and help reduce costs and headaches down
New California Law Limits Retention on Private Construction Projects to 5%
California’s construction industry will undergo a significant change starting in 2026. On July 14, 2025, Governor Gavin Newsom signed Senate Bill 61 into law, creating a 5% cap on retention for private works of improvement. The new law aligns private
Third-Party Beneficiary Clauses: A Hidden Risk in Construction Contracts
Construction contracts are rarely “standard”—and even routine-looking terms can carry major consequences when something goes wrong. After two decades of resolving construction disputes, one pattern is clear: overlooked clauses at the signing table often resurface as major problems in litigation.