Mediation! New Service Available at Wolfe Law

Seth J. Smiley, partner at Wolfe Law Group, LLC and author of ConstructionLawMonitor.com is now a formally trained mediator. New Orleans just hosted the AAAU's (American Arbitration Association University), Essential Skills for the New Mediator workshop in downtown, hosted by Neil Carmichael. Why would parties want to mediate a dispute instead of going to court? […]

Can Construction Estimating Software Help You Win Bids?

Here at ConstructionLawMonitor.com, I often get industry experts who would like my readers to hear their opinions or help spread the word on what is going on in the construction industry. Software Adviceis a company who helps those in selected industries choose the best software for the business. Statistics are always a great way to […]

Around The Web: Housing Bubble On The Rise Again?

Back in 2008, along with major sections of the U.S. economy, the U.S. housing market tanked. This was a terrible time for home builders and most contractors in the industry. There was a ripple effect that was felt industry wide. Signs of the the rebound have been few and far between. We are now one […]

Oregon Supreme Court Affirms Abraham And Dances With Economic Loss Rule

Over the past six months, we've posted about an Oregon case making its way up the court's tiers: Abraham v. T. Henry Construction, Inc. The case is important because it carved an exception to the economic loss rule, which typically prohibits a tort claim between contracting parties when the claims arises out of a failure […]

Oregon Case Allowing Building Code Negligence Claim Under Review

A few months ago, we wrote about an appeals decision in Oregon that carved an exception to the economic loss rule in a construction defect case, allowing a plaintiff to sue for negligence when a builder doesn't comply with building codes. That opinion - Abraham v. T. Henry Construction, Inc., 230 Or.App. 564 (2009) - […]

One License Enough for Joint Ventures in Washington and Oregon

A few months ago, I posted "Joint Ventures and Contractor Licensing - Not A Simple Topic," which compared the regulation of joint ventures by construction licensing entities in Washington (one party to joint venture requires license) and Louisiana (all parties to joint venture require license). I completely overlooked a recent change in the Oregon law […]

Oregon Clarifies Statute of Limitations on Construction Breach of Contract Action As 6 Years…But Opens Door to Negligence Claims.

Two interesting decisions from the Oregon Courts of Appeals in 2008 and 2009 are indirectly related, and of interest to folks in the construction industry. In the earlier decision, the Oregon court clarified the statute of limitations in a breach of contract claim for construct defects. Surprisingly, because of some ambiguity in two Oregon statutes, […]

No Damages for Delay Clauses

Every state has its own statutes -- as well as judicial decisions, or case law -- to regulate the construction taking place within its borders. States can, and do, take widely divergent views on how best to deal with a variety of complex construction issues. For contractors, subcontractors, owners, or lenders intending to do business […]