Archives: Legal Developments—Oregon

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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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