On May 10, 2017, the Oregon Court of Appeals made several significant holdings in the appeal of an insurance policy garnishment proceeding. The court of appeals held that a liability insurer’s exclusion for multi-unit new residential construction was ambiguous and,
From the Ground Up
Your legal source for development news
From the Ground Up, published by Miller Nash Graham & Dunn LLP, covers legal issues relevant to the construction industry and related sectors. The blog addresses topics such as construction contracts, insurance coverage, liability exposure, regulatory developments, and workforce matters including vaccination policies. It also discusses broader industry trends like renewable energy projects impacting construction, including offshore wind development. The blog provides updates on legislative changes, court decisions, and practical guidance for construction professionals and stakeholders navigating legal challenges in their projects and operations.
Latest from From the Ground Up - Page 10
A Light in the Darkness: The “Small Business Know-Before-You-Bid Construction Transparency Act of 2017”
By Brian Esler
Federal government contracting comes with a myriad of challenges, not the least of which are sometimes opaque procedures for getting paid (or taking action if you’re not getting paid). A bill has just been introduced in the House of Representatives…
Environmental Groups Seek to Kill “Zombie Permits”
By Jeff Miller
Environmental groups recently sued the Oregon Department of Environmental Quality (“DEQ”) over its alleged failure to renew permits in a timely manner. Most permits issued by DEQ under the Clean Water Act have an initial term of five years. According…
BEWARE—The Pollution Exclusion Is Alive in Oregon
This article was originally posted on The Northwest Policyholder, Miller Nash Graham & Dunn’s insurance coverage blog.
Contractors, builders, real estate managers, and others should be aware of a March 9, 2017, decision by an Oregon federal judge who…
City of Corvallis Loses the First Round of the Voter Annexation Fight
On February 24, 2017, Judge Matthew J. Donohue, Benton County Circuit Court, released a decision upholding SB 1573, which exempts certain annexations from voter approval. A number of cities in Oregon have home rule charter provisions that require voter approval of…
IRS: “Shea It Ain’t So!” The Ninth Circuit Opens The Door For Real Estate Developers to Defer Income Tax
In a coup for real estate developers, the Ninth Circuit affirmed the U.S. Tax Court’s approval of a real estate developer’s strategy to defer income in Shea Homes, Inc. v. Commissioner, 834 F.3d 1061 (9th Cir. 2016). The strategy appears…
Chapter 2: Ending “Drive-By” Lawsuits Under the ADA
We wrote about the plans to amend the Americans With Disabilities Act on January 31, 2017, to deal with so-called drive-by lawsuits claiming that there are illegal physical barriers to access. Now we have the language in the proposed…
Planning for Snowstorms in Commercial Leases
With Portland weathering one of its top-ten snowstorms of all time earlier this month, one question that landlords and prospective tenants alike are asking is how to plan for snow and ice storms in their leases. …
Ending “Drive-By” Lawsuits Under the ADA
Businesses are required to comply with the obligations under Title III of the Americans With Disabilities Act (“ADA”)—there cannot be discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, or accommodations of…
That Was Fast! 2017 Washington Legislature Proposes Bills Responding to the Hirst Decision
Last week, my colleagues wrote about the Whatcom County v. Hirst decision by the Washington Supreme Court. As a consequence of Hirst, if public water is not available to serve a development, a county must independently verify that water from…