Recent Updates
January 08, 2012
Oregon Construction Defect Claims After Abraham
December 27, 2011
Portland Trust Dispute Attorney's Trust Litigation 101 Series
December 22, 2011
Trust Dispute Litigation 101: The Basics of a Trust Dispute
December 20, 2011
Smart and Proactive Brand Protection is Critical for Oregon and Washington Businesses
December 19, 2011
Return and Exchange Policies: Thinking Through the Policy is Good For Business
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8 – Business Incubator
Construction Defect Law & Litigation
Oregon Construction Defect Claims After Abraham
Posted by: Phil Nelson
January 08, 2012
The statute of limitations is one of the trickiest issues for Oregon homeowners who have been the victim of defective construction. In this two part blog series, we review the recent Abraham decision and discuss its implications for Portland construction defect attorneys and their clients.
New Procedures at Construction Contractors Board
Posted by: Chris Veley
July 05, 2011
With construction and development throughout Oregon taking a hit due to the economic recession, the Oregon Construction Contractors Board (CCB) has made some changes to its service programs, specifically its Dispute Resolution Services (DRS).
Washington Unlicensed Contractors, Revisited
Posted by: Chris Veley
May 23, 2011
A recent warning from the Washington Department of Labor & Industries, along with news stories in both Washington and Oregon on the problems associated with hiring unlicensed construction contractors, echo my comments from my previous blog post.
Avoiding The Problems of Hiring an Unlicensed Construction Contractor in Washington
Posted by: Chris Veley
May 13, 2011
After 30 years working for the same company in Seattle, Washington, Joe and Jane Smith retired and happily decided to move back to their childhood hometown. Instead of selling their Seattle home, they decided to have some repairs done and rent the home to earn extra money. They had recently seen a construction contractor's truck, and had seen the contractor repair their neighbor's home. The contractor must be qualified, Joe and Jane thought, since the truck advertised in big letters that the contractor was "Licensed * Bonded * Insured." Plus, they hadn't heard any complaints from their neighbors. Everything sounded good enough, right?
Waterproof Roof Decks & Construction Defects, by guest blogger Randy Dorsing
Posted by: Jason Hirshon
March 21, 2011
The popularity of outdoor living areas has grown significantly in recent years. These decks and balconies are beautiful, versatile, and suit both the home's architecture as well as the homeowner's lifestyle. Unfortunately, many homeowners experience waterproofing and construction defect issues with decks and balconies that can result in structural damage, sever dry rot, mold and other complications.
How can you enjoy a beautiful outdoor living area while protecting your home from water intrusion?
Construction Defect Case Reaches Supreme Court
Posted by: Jason Hirshon
March 03, 2011
Recently the Supreme Court of Oregon heard oral arguments in the case of Abraham v. Henry Construction, Inc., and homeowners and builders throughout Oregon await the Court's decision.
What duty of care does a builder owe to a homeowner? What causes of action does a homeowner have after the discovery of construction defects? And how long do homeowners have to bring a claim?
Build-On: Three-Year Moratorium on System Development Charges
Posted by: Jason Hirshon
November 26, 2010
This year the City of Portland instituted a three-year moratorium on system development charges (and relaxed the maximum square footage limits). The moratorium affects those who seek to build Accessory Dwelling Units (additional residential structures) on their property, and saves those homeowners up to $14,000 in fees.
Salem Construction Defect Law Update: Litigation Surrounding Structural Issues on the Courthouse Square Drags On, Expands
Posted by: Nick Slinde
November 16, 2010
In Portland, and the Pacific Northwest generally, the wet weather means construction defects can cause damages of all kinds. Almost always, water intrusion is at least partially to blame. From the small single family home to the large project, construction defects resulting in water intrusion continue to plague property owners. But contrary to popular belief, not all Portland, Salem or Pacific Northwest construction defect issues involve water intrusion.
Construction Defect Law: The Statute of Ultimate Repose & The Statute of Limitations
Posted by: Jason Hirshon
October 22, 2010
Numerous clients come to me with potential construction defect litigation and, during our initial meeting, explain that they were told they have 10 years from the time that work was completed on their home to file a claim under the appropriate statute of limitations. This makes me cringe...and my clients cringe too, because many of them have waited - often years - before seeking a construction defect lawyer believing they have plenty of time (which unfortunately, they do not). The confusion is between Oregon's "statute of ultimate repose," and the "statute of limitations" applicable to their claim(s). What most non-legal professionals fail to realize is that Oregon's 10-year statute of ultimate repose is only half of the equation in determining whether a lawsuit is initiated in a timely manner; the relevant statute of limitations must be considered (and is often more important).
Residential Construction Defect Law: A Primer (Part 4 of 4)
Posted by: Jason Hirshon
October 08, 2010
Most states impose time limits on construction defect claims by Statutes of repose and Statutes of limitations. Statutes of repose specify the time period within which a cause of action can arise at all. Under these statutes, the limitation period may expire before the plaintiff's cause of action has arisen.
Residential Construction Defect Law: A Primer (Part 3 of 4)
Posted by: Nick Slinde
October 05, 2010
The typical construction defectcases centers around a builder's failure to construct the home in a workmanlike and non-negligent manner. These cases often implicate the work of various subcontractors, suppliers, architects, and engineers that were involved in building the residential structure. The goal is to bring all parties to the table and require the party who is responsible for the defect to pay for fixing the situation. The legal claims typically include negligence, breach of contract or warranty, and/or fraud or negligent misrepresentation.
Residential Construction Defect Law: A Primer (Part 2 of 4)
Posted by: Nick Slinde
October 04, 2010
Last Friday, I posted part one of a five part primer on Construction Defect Law. To read part one follow this link: Part 1. The following is part two of the primer: Types of Construction Defects.
Residential Construction Defect Law: A Primer (Part 1 of 4)
Posted by: Nick Slinde
October 01, 2010
The scope of construction defects is broad and can range from minor problems like popped nails and peeling paint to more shocking situations, as in where a home must be demolished and completely rebuilt. Many of the worst cases involve moisture intrusion that lead to toxic-mold which can have serious health consequences. Other problems include faulty design, code violations, cracked foundations, substandard workmanship, and other structural deficiencies.
Portland Construction Litigation: The Oregon Supreme Court Redefines Your Roof
Posted by: Phil Nelson
September 22, 2010
Last week, the Oregon Supreme Court issued an opinion clarifying the definition of "roof" within the meaning of a homeowner's insurance policy. The case arose from a set of homeowner's who sustained loss when their roof was water damaged during a repair process.
* * *The homeowner's policy excluded coverage for water damage except where that damage was caused by an opening in the roof. The insurance company argued that there was no roof. It had been torn off; therefore, there could be no coverage for damage caused by an opening in the roof.
Construction Litigation?: New York Times Spotlights Faulty Drywall
Posted by: Phil Nelson
September 20, 2010
Damages, dangers, and construction litigation related to widespread drywall defects as reported in the New York Times.
FIVE COMMON RESIDENTIAL BUILDING DEFECTS by Guest Bloggers Tobi Crooks and Melissa Falcetti of IBI Building Consultants
Posted by: Phil Nelson
September 13, 2010
We are pleased to welcome our first of many guest bloggers, Tobi Crooks and Melissa Falcetti, of IBI Building Consultants. This blog post discusses the five most common residential building defects discovered by IBI Building Consultants in over 30 years of business.
