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Real Property & Development Review

Monthly Archives: July 2009

Specific Height Restriction Limits Approval Authority of Architectural Review Committee

By Clayton Graham on Posted in Construction

In a dispute relating to the height of a residential addition, the Division Three Court of Appeals has provided additional guidance on when specific building restrictions in community covenants (CCRs) might limit the authority of an architectural approval committee. In Mack v. Armstrong, the court heard a challenge to a trial court order requiring the… Continue Reading

Oregon False Claims Act Becomes Law

By Marcus Eyth on Posted in Construction

A couple of weeks ago I blogged about the Oregon False Claims Act,  a bill that made its way through the house and the senate and was on its way to the governor’s desk for signature. The large number of inquiries I have received about the bill speaks volumes about the impact this law will have on contsruction… Continue Reading

No Damages For Delay Provisions

By Marcus Eyth on Posted in Construction

Are No Damages for Delay Provisions enforceable in Oregon?  That depends (favorite lawyer’s response, but true)… In summary, these provisions are: enforceable on private projects unenforceable in public procurement prime contracts probably enforceable (but TBD) in public procurement subcontracts In essence, these provisions limit a contractor’s remedy in the event of a delay to a time… Continue Reading

The Construction Contractors Board: A Viable Option

By Marcus Eyth on Posted in Construction

No doubt, the economic downturn has affected the construction industry in many ways. One problem is that some overstretched contractors are not paying their subs from the money they receive from building owners.  Not surprisingly, subcontractors have been busy filing liens, and usually recovering on them. What can owners do who are forced to pay twice (to the… Continue Reading