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.
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Oregon’s Building Performance Standards: ODOE finalizes incentive program rules
Oregon’s new Building Performance Standards (BPS) are now in effect, setting phased energy targets for commercial and institutional buildings.
Although the first compliance deadline is not until 2028, building owners should prepare now, as the Oregon Department of Energy (DOE)
Construction Labor Shortages: A Primer for Owners and Contractors
Labor shortages in the construction industry are an increasingly pressing issue—particularly for large-scale infrastructure and technology projects where schedule and budget performance are critical. While recent attention has focused on material costs and supply chain disruptions, a tightening labor market
Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?
Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses
Lease of Mind: Why Developers Should Consider Lease Options in Real Estate Agreements
Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from a landowner to a developer, parties
Washington Adopts Statewide Rent Control: What Landlords Should Know
On May 7, 2025, Washington became the third state to enact statewide rent control, joining Oregon and California. House Bill 1217, effective immediately, limits annual rent increases, extends notice requirements, and mandates parity pricing across lease types. Most provisions
Upcoming Event: 30th Annual Oregon Construction Law Seminar
Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join me and my Stoel colleagues Zachary Davis, John Dudrey, and Mario Nicholas who will be presenting at the
Negotiating Loan Assumptions in Commercial Real Estate Purchase Agreements
As high interest rates continue to shape the commercial real estate landscape, buyers are increasingly exploring alternatives to traditional financing. One such strategy—assuming the seller’s existing mortgage—can offer significant savings when the seller’s loan terms beat current market rates.
But
Bricks and bots: AI technologies’ growing impact on construction
AI is making waves across construction—from analyzing specs and drawings to automating scheduling and productivity tracking. But alongside efficiency gains come legal and operational risks that can’t be ignored.
Understanding how AI tools function—and where they fall short—is critical for
Construction Liens in Washington: Essential Knowledge for Construction Professionals
Why Understanding Liens is Important
Construction liens are a critical aspect of the construction industry, providing security for those who contribute labor, materials, or services to a project. Understanding construction liens is essential for disparate parties involved in private construction