Last month we wrote about some of the potential liability construction businesses can avoid by hiring licensed contractors. We noted that it would be shortsighted for businesses to see hiring unlicensed contractors as a way to reduce project costs. But what happens when workers misrepresent their status as licensed contractors to persuade you to hire them? Unfortunately, some victims in Oregon are finding out the hard way.
In any given transaction, no one is ever happy with getting less than they bargain for. When it's milk that goes bad too fast, we tend to grin and bear it. In bigger scale transactions, such as the sale of land, anything less than what was bargained for is unfair and unacceptable. Thankfully, the often rigid rules applicable to sales contracts will sometimes bend as justice requires.
Last week we wrote about some of the unique qualities of Oregon's Prompt Payment Statute that provides recourse for construction subcontractors and contractors when an owner or contractor fails to pay on time. Though it can be particularly harsh, the statute's penalties will not always apply all of the time.
Some say buying a home is the most important purchase a person will make. It's understandable then, that these sales contracts are long and contrived documents that are seldom understood in their entirety. Having an early understanding of the terms of your sales contract is important, however, as the rights and guarantees therein don't always last.
If there's one thing every person in the construction business knows, it's that you can expect delays in completing any project. But those delays aren't always the result of a negligent contractor, or unexpected costs. Sometimes, an owner or lead contractor can create delays by significantly changing a project or by not providing the proper working conditions. Disruptions like these may entitle a contractor to be paid for additional costs incurred as a result of the disruption.
As we've recently highlighted, the Construction Contractors Board and Oregon OSHA seem to be ramping up enforcement of their respective authorities under Oregon law. Where rules contain mostly black-and-white requirements for owners and contractors, as well as harsh enforcement options, the CCB has found the perfect place to flex its authoritative muscles. One such area is the CCB's enforcement of Oregon's Prompt Pay Act.
Whether dealing with a residential or commercial property sale, there is likely an endless contract full of terms we hardly understand. Beyond just deciphering what the words themselves mean, it can be equally difficult to interpret their impact on the transaction at hand. This problem is compounded by the fact that certain words, when included in property sales contracts, can trigger or deactivate unwritten terms otherwise provided by law.
We've previously discussed some of the costs that come with changing or cancelling construction contracts. Sometimes circumstances change that makes these costs unavoidable. But, where the contract need not be rewritten or cancelled, most of the costs resulting from construction contract disputes can be avoided. Though it sounds like a no-brainer, the best way to avoid these costs is to have carefully drafted contracts, written to anticipate circumstances that may change each party's position.
Sometimes the hardest part of a construction planning project is finding a way to stay under budget. One way businesses accomplish that is by hiring contractors who give the lowest bids for a particular job. Sometimes, however, these contractors aren't actually licensed. If you're planning a construction project, you should contact a construction law attorney who can help you avoid unnecessary exposure to liability, like that which comes with hiring an unlicensed contractor.
Whether you're building a home from the ground up or buying one that's already there, ultimately closing the deal often hinges on an inspector's report. These home-inspection reports are meant to confirm the residential structure is in good physical condition. But, as you can probably imagine, these reports aren't always accurate. In the case of an imprecise inspector's report, who should bear the cost of any resulting injury or repair?