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Real Property & Development Review

Tag Archives: Contract Provisions

PPPs: An Opportunity to Jump-Start Infrastructure Projects in a Down Economy

Posted in Construction

As originally published in the Daily Journal of Commerce Lots of people in the construction industry have been talking about public-private partnerships recently. But many folks aren’t really sure what a PPP is, don’t understand the players and their roles, and may not recognize the risks and potential benefits. PPPs have been used in the… Continue Reading

Court of Appeals Reverses Summary Judgment on Warranty Limitations

Posted in Construction

On August 8, 2010, in Mattingly v. Palmer Ridge Homes LLC, Division II of the Washington Court of Appeals reversed summary judgment in favor of builder Palmer Ridge Homes.  A copy of the decision may be found here:  Download file  The decision is significant for what it says about the enforceability of limitations contained in third-party warranties and by… Continue Reading

Parties In Privity May Sue in Tort Over Construction Defects

Posted in Construction

Last month’s Oregon Appellate Court decision clarifies that parties in privity with one another MAY sue in tort for construction defects. Previously, the law seemed relatively straight forward: Unless parties are in a “special relationship” (eg, physician-client; engineer-client), parties in contract with one another generally may not bring a separate cause of action in tort for construction defects.  Jones v. Emerald Pacific… Continue Reading

No Damages For Delay Provisions

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

Settlement Agreements

Posted in Construction

So you wrap up a lawsuit and enter into a settlement agreement in which one side agrees to pay money to the other side in exchange for mutual releases and other typical settlement clauses. But then the party required to make the payment, well, doesn’t pay.  What happens to the claims that were released?  Do they come… Continue Reading

Wither the AIA?

Posted in Construction

ConsensusDocs seeks to dislodge the standard AIA contract forms & become the new industry standard. Is anyone using these forms yet?  If so, how is it going?

Going Green…and Not Seeing Red

Posted in Construction

Here’s an insightful summary of potential risks to design professionals in undertaking green projects, mainly from an insurance coverage angle.

Preston Gates Exonerated in Malpractice Case

Posted in Construction

A former client sued Preston Gates for $1.7 million related to the "nightmare" associated with the client’s retirement home in Kitsap County.  The client alleged the problems which lead him to sell the home — primarily cost overruns & insufficient insurance recovery available to the builder which was doing business as an LLC — were due to… Continue Reading

Warranty Clause in Subcontract Is Not Exclusive Remedy; GC Allowed to Sue on Breach of Contract Theory

Posted in Construction

In contract law, a warranty is a different breed of cat. To prevail, one generally need only prove the the work was defective. The focus is upon the end result itself, not whether the installer or subcontractor breached the details of a contract provison or specification. Breach of contract claims, by contrast, depend upon proof… Continue Reading