Vanessa Triplett, a Miller Nash construction law attorney, was published in the Summer 2019 issue of the NAMC-OR Newsletter. The newsletter is published by the National Association of Minority Contractors—Oregon and the Daily Journal of Commerce. The link to the
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 6
Washington Bill Gives Design Build Boost in Public Contracting
By Jim Yand
Design-build is increasingly showing up in public works projects in the Washington State. This method allows the price to be established based on a conceptual design rather than through the competitive bid process. Offsetting the lack of competitive bid, the…
ORS 701.640 May Not Void Forum-Selection and Choice-of-Law
Miller Nash partner Jacob Zahniser had an article published in the Oregon State Bar Construction Law Section’s Construction Law Newsletter concerning little-discussed elements of construction contracts. The link to the full story is available below.
Do not underestimate forum-selection and choice-of-law…
Oregon Court of Appeals Gives a Boost to the State’s Provision of New Housing
On March 20, 2019, the Oregon Court of Appeals affirmed the Land Use Board of Appeals (“LUBA”) in a decision interpreting ORS 197.307(4), which is the “clear and objective” requirement of the ORS 197.295-.314 needed housing statutes. Warren v. Washington…
Op-Ed: Tax-Advantaged Project Financing and Investment
David Brandon and Olivia Grabacki published an op-ed in a recent issue of the Daily Journal of Commerce. The article discusses the differing benefits between 1031 Exchanges and Qualified Opportunity Zones for real estate investments. The full article is available…
Portland-Area Consumer Price Index Discontinued
Many local commercial leases use the Portland-area consumer price index (“CPI”) to calculate periodic rent adjustments. That index was discontinued in 2018. For commercial landlords and tenants whose leases rely on the now-discontinued Portland-area CPI, discussing how to handle rent…
Improving a Typical 1031
Section 1031 of the U.S. Internal Revenue Code provides real estate investors the opportunity to sell existing real property investments, reinvest the proceeds into the acquisition of qualified, like-kind replacement property, and defer recognition of capital gains realized from the…
Condo Lien Gone Wrong: Summary Lien Procedure used Successfully to Challenge Excessive Condo Lien
By Jim Yand
ServPro filed a single lien on a condo for water damage remediation work in the amount of $183,945.09 but did not allocate proportionally the amount of its billing among the 20 units impacted. This mistake illustrates the difficulties in getting…
Supreme Court to Take Up Protection of Confidential Information Provided to the Government
By Brian Esler
On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media, representing the latest development toward resolving a conundrum…
Oregon’s 2019 Cap and Invest Legislation
By Jeff Miller
Speaking today at a seminar sponsored by the University of Oregon, Senator Michael Dembrow and Representative Karin Power stated that they intend to introduce cap and invest legislation by the end of this month. The system is aligned with the Western…