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New Contractor Requirements for Oregon Public University Construction Projects

During the one-day second special session, the Oregon Legislature passed two budget bills—SB 5721 and SB 5722—relating to public construction. While SB 5721 increases bond authorizations for the 2019-2021 biennium and revises previously approved bond authorizations, SB 5722 establishes expenditure limitations for capital construction projects in excess of $1 million. Among other things, SB 5721 … Continue Reading

After Four Years of Controversy, Portland Adopts the Residential Infill Project

After four years of deliberation and analysis, the Portland City Council adopted the Residential Infill Project (RIP) on August 12, 2020. According to the City, RIP legislation is intended to increase housing opportunities by opening up the types of dwelling units that can be constructed in residential zones that have historically not allowed them, namely … Continue Reading

Oregon “Omnibus” COVID-19 Relief Bill: What Did and Did Not Make the Cut

During the first special session of 2020, the Oregon Legislature passed HB 4212A (commonly referred to as the “omnibus” bill), which was signed into law by Governor Brown on June 30, 2020. The bill contains a variety of statutory changes aimed to provide relief during the COVID-19 pandemic. The contents of HB 4212A can be summarized … Continue Reading

Oregon Presses Pause on Foreclosures, Payment Defaults, and Evictions

This was originally published on our blog, Bank Law Monitor.  In an effort to provide relief to homeowners, businesses, landlords, and tenants affected by COVID-19, Governor Brown signed two bills that impose significant limitations on lenders and landlords. Under HB 4204, lenders cannot foreclose on loans secured by real estate in Oregon and must defer … Continue Reading

What Does Reopening a Safe and Strong Oregon Mean for Construction?

Governor Kate Brown’s May 15 executive order (No. 20-25), “Reopening a Safe and Strong Oregon,” provides for a phased reopening of recreational and economic activity in Oregon on a county-by-county basis as certain threshold prerequisites are met. All Oregon counties, with the exception of Multnomah County, have achieved the prerequisites for a Phase I reopening. … Continue Reading

Let’s Get Back to Work! Construction Industry Personnel Considerations and Resources Related to COVID-19

With the recent reopening of Phase 1 construction in Washington and the eagerly awaited resumption of projects throughout the Pacific Northwest, we thought it might be helpful to provide a quick snapshot of the key regulatory guidance and tailored Miller Nash resources that employers in the build community may find most helpful as they prepare … Continue Reading

Oregon Imposes Statewide Moratorium on Commercial Evictions

In a recent post discussing strategies for commercial landlords to manage requests for rent relief during the COVID-19 pandemic, we highlighted the Seattle City Council’s resolution urging state and federal legislators to impose an immediate moratorium on commercial rent and mortgage payments. The Seattle City Council’s resolution came at the heels of state and municipal … Continue Reading

New Oregon “Stay in Place” Order Permits Construction Industry Work Under Distancing Policies

On Monday, March 23rd, Governor Kate Brown issued a new executive order for the state, further limiting personal interactions. It appears that construction industry businesses are not subject to the order so long as the business designates “an employee or officer to establish, implement, and enforce social distancing polices.” The executive order is available here. … Continue Reading

Environmental Groups Push for New Rules Restricting Emissions From Indirect Sources

Environmental activist groups recently petitioned the Oregon Environmental Quality Commission (the “EQC”) to enact far-reaching rules that would regulate air emissions from so-called indirect sources in cities and metropolitan districts with populations of 50,000 or more. The petition identifies an indirect source as any facility, building, structure, or installation that attracts mobile sources (vehicles), and … Continue Reading

2020 Brings Change to Oregon’s Public Contracting Code

Changes are coming to Oregon’s public contracting code in the form of HB 2769, passed during the Oregon Legislature’s 2019 session. As those familiar with Oregon’s public contacting rules know, under ORS 279C.110, contracting agencies are required to use a qualification-based selection process when choosing consultants to provide architectural, engineering, photogrammetric mapping, transportation planning, or … Continue Reading

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 County helps ensure that the Portland metro region and other cities in Oregon can meet … Continue Reading

State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions

ORS 105.682 provides immunity from contract or tort claims to landowners who permit the public the use of their lands for recreational purposes. Under that statutory provision, a recreational user or the estate of such a user cannot sue the landowner if that user suffers personal injury, death, or property damage from the use of the … Continue Reading

Oregon Construction Contractors Board Newsletter

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

Oregon Construction Contractors Board Residential Contractor Updates

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

“Contractors Special Conditions” Exclusion Sets Traps for Policyholders and Defense Counsel

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

Deadline Looms for Mandatory OregonSaves Retirement Program

This article was originally published as one of Miller Nash Graham & Dunn’s Employee Benefits Update, our occasional e-mail newsletter focusing on the latest developments in employee benefits. From The Ground Up editor George Kaai felt that this information would be useful to those in the development industry in Oregon. If you are interested in … Continue Reading

Hidden Hazards: Oregon Proposes New Burdens on Charities Seeking Property Tax Exemption

Oregon has a long tradition of narrowing the scope of the property tax exemption afforded to charities operating in the state. This tradition is alive and well in 2017, as the Oregon legislature contemplates imposing an annual reporting requirement on all charities holding or seeking a property tax exemption on their real or personal property. Under … Continue Reading

Important Policyholder Win in the Oregon Court of Appeals: Contractors—This Is Good News

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

Environmental Groups Seek to Kill “Zombie Permits”

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 to the complaint, at least 75 percent of all such permits in Oregon have exceeded … Continue Reading

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 found that carbon monoxide is included in the plain meaning of “pollutant” as defined in a … Continue Reading

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 annexations. This requirement, however, sometimes works at cross-purposes with Oregon’s overall land use planning system, which … Continue Reading
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