On September 12, 2024, join me at the Hyatt Regency Portland for Bisnow’s Portland State of the Market. Stoel Rives is a proud sponsor of the event, which will focus on Portland’s development outlook, including how companies are driving projects
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 7
From Lien to Clean: Addressing an Expired Lien in the Chain of Title
By Evan Brown
Expired construction liens can create unexpected headaches for property owners, even after they are no longer enforceable. These liens, while initially protecting contractors and suppliers, can linger in the property records and complicate transactions like sales or refinancing. Different states…
Upcoming Event: 29th Annual Oregon Construction Law Seminar
Are you a construction industry professional seeking to stay informed on the latest legal and industry developments? Join me and my Stoel colleagues Mario Nicholas and Zachary Davis who will be presenting at the 29th Annual Oregon Construction Law Seminar…
New Law Requires Timely Payment of Undisputed Change Order Claims
By Bart Reed
The new RCW 39.04.360, effective June 6, 2024, outlines protections and payment assurances for contractors, subcontractors, and suppliers involved in public and private construction projects in Washington. This statute mandates timely issuance of change orders for undisputed additional work, imposes…
What to Consider When Analyzing Dispute Resolution Provisions for a Construction Project
Construction project owners, contractors, and design professionals sometimes fall into the trap of not giving careful consideration to the risks specific to a given project and will wait until an actual dispute arises before closely analyzing the dispute resolution provisions…
Basic Information About the Court System
By Karl Oles
Here are some useful basics if you have a dispute that may be headed to court for resolution.
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United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit
Policymakers have several tools for addressing the rising issue of homelessness in their communities. In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first opportunity to address whether one…
New Federal Rule Banning Noncompetes May Impact Construction Industry
In late April, the Federal Trade Commission issued a final rule, effective on September 4, 2024, that banned nationwide noncompete clauses—generally a binding contract that prevents a worker from competing with an employer after they leave its employ. In my…
WSBA Construction Law Section Midyear CLE Program
By Bart Reed
On June 14, 2024, the WSBA Construction Law Section is hosting its midyear CLE program, “Back to the Future: Leveraging Technology in Post-Covid Construction Disputes,” which will cover ethics, construction-related case law updates, technology, perspectives from the bench, arbitration, artificial…
The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings
In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land use,” its regulation cannot violate the U.S.…