Have you noticed that Oregon is changing? In the metro areas anyway, the apparent influx of people to Oregon in recent years has seemingly changed everything from the landscape to the traffic. But change isn't always a bad thing, especially for local rental and construction industries.
Generally, it's safe to assume when someone does work on a construction project, that person will expect to be paid. How soon that obligation to pay arises, however, is likely determined by the contract between the parties. In some cases, when it comes to a prime contractor paying its subcontractors, that obligation might never arise.
Things can change in an instant in the construction business. For example, a contractor may make a bid relying on a bid proposal from a subcontractor. Any number of circumstances can then cause that subcontractor to withdraw after the contractor won the project bid. What is that contractor left to do?
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.
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.
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.
We recently discussed the Oregon Occupational Safety and Health Division's crackdown on construction project safety hazards. Today we want to elaborate on its efforts, and address Oregon OSHA's top ten safety violations for 2013, as published in its February 2014 newsletter.
The Oregon Occupational Safety and Health Division (OROSHA) is inspecting projects and cracking down on employers that are not adequately protecting their workers. The result of these inspections has been incredibly high fines, and referral of the matters to the Construction Contractors Board in extreme cases. You should always consult the OROSHA rules when planning a project, or consult an Oregon construction management attorney to make sure you're injury prevention methods are sufficient.