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Queen of Pendleton Case Update: Rice v. Rabb

UPDATE: The Supreme Court issued an important decision about statutes of limitations under Oregon law on January 30, 2014.  In Rice v. Rabb, 354 Or 721 (2014) the Court held that there is a discovery...

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When can a plaintiff in Florida file claims outside the Statute of Limitations?

When the plaintiff’s claims arise out of the same transaction or occurrence as a timely filed third-party complaint. The Florida State Supreme Court recently that a plaintiff can file claims against...

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Obvious Gap in Oregon Lien Laws for Architects?

Oregon’s lien statutes appear to have a gap in protection for architects who provide services at the request of someone other than the owner.  Because non-owners frequently hire architects, this issue...

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Oregon’s Construction Contractor Board Changes Dispute Resolution Process

The Bulletin in Bend, Oregon, reports on the benefits and limitations of the Construction Contractors Board’s dispute resolution process in the article, “More construction disputes could go to court....

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Choice of Law in an Oregon project? Not in THIS House!

If you look through the general conditions (or back page provisions) of your standard construction contract, you might be surprised to see a “choice of law” provision.  This provision is a term in the...

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New AIA Design-Build Agreement: The Waiting Game

Formal design-build agreements are used by property owners in circumstances where a single firm is hired that will be responsible for both designing and constructing a project. Sometimes projects fall...

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Past the Statute of Limitations for a Construction-Defect Case? Try Looking...

The following is a report from my blog post on The Policyholder Report on November 20, 2014. The Seventh Circuit just released an opinion in Strauss v. Chubb Indemnity Insurance on November 18, 2014,...

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What’s Behind the Insurance Curtain: Oregon Levels the Playing Field

With the sanctity of any time-honored tradition, insurers resist discovery of their claim file with the ritualistic incantation that it is protected from discovery because it was prepared in...

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Just What Is a Capital Improvement and Does a Judgment Against an HOA Have...

Recently, the Oregon Court of Appeals issued a decision that may have far reaching impacts for communities looking at whether a particular project constitutes a “capital improvement” under their...

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The Focus is on “Discovery” of Claims after Goodwin v. Kingsmen Plastering, Inc.

Last week, the Oregon Supreme Court held in Goodwin v. Kingsmen Plastering (June 16, 2016), that a property owner must sue a contractor for negligent construction, if at all, within two years of when...

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