Miller Nash Graham & Dunn LLP construction attorney James Walker was recognized as a 2018 Phenom by the Daily Journal of Commerce Oregon (DJC Oregon) on December 13 in Portland, Oregon. DJC Oregon’s newest award program honors local building industry’s longtime leaders while recognizing the up-and-coming professionals expected to share the future of architecture, engineering, … Continue Reading
A recent case out of Massachusetts is a good reminder that trade secret protection and government contracts don’t always mix well. Read more about it on our firm blog, IP Law Trends.… Continue Reading
Nova, a public works contractor, filed a claim for breach of the covenant of good faith and fair dealing, based entirely on the City’s untimely and repeated rejection of submittals to perform culvert work in Olympia. The Supreme Court held that the contractor was barred from seeking damages because it failed to give written notice … Continue Reading
As contractors well know, most construction workers are entitled to overtime pay when they have to work more than 40 hours a week. However, under the Fair Labor Standards Act, there is a “white collar” exception for certain employees who earn no less than a standard salary threshold and meet other conditions. In May of … Continue Reading
We had a great turnout at our Seattle Breakfast Roundtable earlier this week, which was attended by in-house counsel, representatives from a diverse group of companies across the industry, and attorneys in our Construction team. Our conversation covered a range of topics, including contract terms and requirements, project communications, and documentation. In particular, we discussed … Continue Reading
Tara O’Hanlon, Miller Nash Graham & Dunn construction attorney, was recently published in The Contractor’s Compass, the official educational journal of the American Subcontractors Association. In her article, “How to Minimize Risks for Successful BIM-Powered Projects,” Tara explores contract terms that will help to ensure that all parties adequately understand and allocate associated risks and responsibilities, … Continue Reading
The Oregon Construction Contractors Board’s February 2018 newsletter offers information on upcoming education opportunities for licensed contractors. Topics include getting certified to win government contracts, Spanish fall hazard awareness, and OSHA safety consultations. Also included is the 2018 schedule for in-person CCB law, regulations, and business practices courses, and Association Conferences for March and April … Continue Reading
Bonding around mechanics liens can be an efficient way to close out a project when disputes arise, but case law and statutes created some ticklish questions about who needed to be included in any subsequent lawsuit. Now, the Washington Supreme Court has given us some clarity. In Inland Empire Dry Wall Supply Co. v. Western … Continue Reading
Our team felt that this information would be useful to those in the construction industry. The Construction Contractors Board recently sent out a newsletter containing recent changes which affect residential contractors. Some areas of interest include continuing education updates, calendar of live CCB courses, how to appoint a temporary RMI, and residential building code updates. … Continue Reading
This post originally appeared on The Northwest Policyholder, Miller Nash Graham & Dunn’s insurance recovery blog. From The Ground Up editor George Kaai felt that this information would be useful to those in the construction industry. An endorsement that has become common in general contractors’ insurance policies can function as a trap for both the … Continue Reading
As we’ve reported before, Washington strengthened its “Call Before You Dig” laws about five years ago to create a much stricter regime, with significant penalties for property owners, utility providers, and contractors that fail to comply with its requirements. And now we’ve got one of the first published decisions under the new regime, which holds that … Continue Reading
Thanks to our friends at HFO Investment Real Estate for this important notice regarding new developments from the Portland Housing Bureau regarding the Affordable Housing Bond. The Portland Housing Bureau released a report written by the Affordable Housing Bond Stakeholder Advisory Group, which lays out a plan for how the money should be spent. The affordable housing … Continue Reading
By Miller Nash Graham & Dunn LLP on Posted in Construction
We would like to inform those of you in the Oregon/SWWA building industry about a special panel discussion being hosted by the Daily Journal of Commerce on Thursday, August 24, 2017. The presentation is titled “The Opioid Epidemic & The Building Industry,” and the panel will include Miller Nash Graham & Dunn partner P.K. Runkles-Pearson, Cal Beyer of Lakeside … Continue Reading
Governor Jay Inslee recently signed into law Washington House Bill 1538 which authorizes subcontractors on public projects to request the prime contractor submit to the public owner a bond to release its portion of the retainage before the public project is complete. The bond needs to be in a form acceptable to the public body and … Continue Reading
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, when construed against the insurer, did not apply to defeat coverage for construction-defect claims in … Continue Reading
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 that would help simplify that process, especially for smaller contractors. The legislation, H.R. 2350, the … Continue Reading
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 fairly narrow, and will likely be the subject of future IRS challenges.… Continue Reading
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 bill, HR 620. This differs from the bill that was submitted in Congress in 2015 in ways … Continue Reading
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 any place of public accommodation. When a plaintiff prevails in an ADA lawsuit, the court … Continue Reading
Division III acknowledges hairline cracks in Mike M. Johnson rule. “Close enough” only counts in horseshoes and hand grenades, and nowhere is that more true than when Washington courts are interpreting notice and claim procedures in construction contracts. As a result of the Washington State Supreme Court’s 2003 decision in Mike M. Johnson, Inc. v. Spokane … Continue Reading
It has been generally assumed that only licensed contractors were entitled to file lien claims in the state of Washington for work they performed on real property for which they were not paid in full.1 That assumption has now been discarded in the recent decision Guillen v. Pearson, decided August 16, 2016. In Guillen v. … Continue Reading
On October 26, 2016, the Oregon Court of Appeals reversed a general judgment and money award in favor of a general contractor because (1) the general contractor had failed to support its claim for damages for bonding and insurance costs with sufficient evidence, and (2) the money award improperly included a contractual markup on costs … Continue Reading
Portland is quickly joining the ranks of American cities with the most significant construction projects. According to a report Friday from the Seattle Times, Portland now ranks seventh in the nation in the number of construction cranes—just behind San Francisco and Chicago, and ahead of larger cities ranging from Denver and Phoenix to Houston and … Continue Reading
General contractors and other employers (even some owners) have greater exposure under Oregon’s Employer Liability Law (the “ELL”) to injured workers based on the recent Oregon Supreme Court decision in Yeatts v. Polygon Northwest Co. The ELL imposes liability on all “owners, contractors or subcontractors and other persons having charge of, or responsibility for,” work … Continue Reading
