Construction Law

The practice of construction law requires a deep understanding of the building process from before breaking ground to project completion. We have decades of experience with every stage and can help you avoid costly compliance issues before they occur or resolve difficulties as they arise.

Construction Law in Oregon

To provide competent legal counsel for the construction sector, an attorney must understand and have experience in dealing with design relationships, unexpected site preparation challenges (such as the discovery of underground fuel oil storage tanks), owner-to-contractor and contractor-to-subcontractor expectations, project close out responsibilities, construction liens, the prosecution and defense of construction defect claims, and the interplay of insurance coverage issues. Our attorneys have represented clients in construction contract drafting, and as zealous advocates in construction disputes, both in the negotiation of early settlements and later during mediation, arbitration, and litigation.

Contact us to schedule a consultation with one of our seasoned construction law attorneys.

Contract Drafting

The drafting of contracts for construction requires a comprehensive understanding of the risks involved and how those risks should be allocated among the participants in the process. Our attorneys know how to create construction contracts and understand how to push back on an unfair allocation of risk when negotiating contract terms. Some of the issues that should be addressed clearly in construction-contract drafting include:

• Responsibility for the development of design documents and specifications
• Control of the means and methods of construction and of the construction site
• Project pricing and cost documentation
• Time to complete the project, early-completion premiums, and delay damages
• Change orders
• Project close-out responsibilities and claim accrual
• Warranties and exclusions
• Insurance coverage, both during construction and post completion

Problems During Construction

The most common source of issues during construction is a lack of communication among the participants, and a close second is the lack of proper documentation of those communications. Our attorneys help design professionals, owners, contractors, and subcontractors understand how to protect their rights and document the performance of their responsibilities so that issues that arise during a construction project can be resolved promptly and fairly. If satisfactory resolution can not be reached, we also advise clients in properly terminating the contractual relationship in order to achieve proper compensation at a later time.

Problems After Completion

If a contractual relationship must be terminated due to an unremedied breach of terms, it is essential that a participant obtain prompt and effective legal advice to secure their position and collect their due. For owners and developers, that means documentation of communications and costs pertaining to substandard performance, and, if warranted, delay damages. For contractors and subcontractors, that means documentation of unpaid work, the resolution of open change orders, and the ability to prove lost profit. In either case, we provide our clients with the experienced legal help they need in negotiating or litigating a fair resolution, whether the process involves the Oregon Construction Contractors Board or another forum.

Construction Defect Claims

Latent defects in the construction of a structure constitute the largest source of post-completion claims in the building industry. Whether defending or prosecuting defect claims, our attorneys understand the use of experts, the role of insurance adjusters, and how to plead the case, conduct discovery, involve mediators, and, if necessary, present the client’s best possible case to an arbitrator, a judge, or a jury.