Archives: Legal Developments—Oregon

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Controversial Cap on Damages Against Public Entities and Employees Upheld in Horton v. OHSU

While this case is not specifically related to the development industry, we believe the constitutional issues will be important to this blog’s audience and our public sector clients. In May 2016, the Oregon Supreme Court upheld a controversial statutory cap on damages recoverable from state agencies and employees, in the process overruling two important Oregon … Continue Reading

Employment Law Issues for the Development Industry

Recently, several of my colleagues have written articles on employment law issues, ranging from best hiring practices to Oregon’s new minimum-wage laws. Since employment issues are prevalent in all industries, including development, it dawned on me that I should capture and consolidate a few of these resources from time to time and share them on … Continue Reading

Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning

Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United States Supreme Court Justice has sent a signal that the Court may wish to review such laws (as … Continue Reading

New Property Owners, Beware: Possible Shortened Time to Bring Defective-Construction Claims

The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner’s claim against a builder for defective construction. In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began construction on a “spec” home in 1999. When the home was approximately 95 percent complete, plaintiff … Continue Reading

In Oregon, Insurers Must Defend Against a CERCLA Information Request

On August 30, 2013, the Ninth Circuit Court of Appeals issued a groundbreaking decision, requiring an insurance company that has issued comprehensive general liability policies to defend a policyholder that has received an information request from the U.S. Environmental Protection Agency (“EPA”) under Section 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). See … Continue Reading

Cause vs. Convenience: New Court of Appeals Decision Suggests That Choice in Termination of Subcontract May Limit Ability to Recover for Defective Work

A general contractor cannot offset the cost of defective work performed by a subcontractor if the subcontractor sues to recover unpaid fees after being terminated for convenience. According to a new Oregon case, termination for convenience denies the subcontractor an opportunity to cure any defects before it has completed its work and therefore cuts off … Continue Reading
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