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Articles by Eric Grasberger
Hidden but Present: The Impact of ‘Dark Matter’ in Mediation | JD Supra
“Dark matter” is an invisible, mysterious substance that makes up about 27 percent of the universe. Its existence is inferred from its gravitational effects on ordinary matter, but it’s not made of the same particles. While difficult to observe directly, its impact is real. Similarly, there are usually hidden factors that impact resolutions of disputes.
Hidden but present: the impact of ‘dark matter’ in mediation | Opinion
“Dark matter” is an invisible, mysterious substance that makes up about 27 percent of the universe. Its existence is inferred from its gravitational effects on ordinary matter, but it’s not made of the same particles. While difficult to observe directly, its impact is real. Similarly, there are usually hidden factors that impact resolutions of disputes.
Oregon Senate Bill 426 Would Make Owners and Prime Contractors Liable for Unpaid Wages Owed by Those They Hire | JD Supra
Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature. SB 426 addresses wage theft in the construction industry. If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits and penalties – owed by a subcontractor at any tier.
Oregon Senate Bill 426 Would Make Owners and Prime Contractors Liable for Unpaid Wages Owed by Those They Hire
Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature. SB 426 addresses wage theft in the construction industry. If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits and penalties – owed by a subcontractor at any tier.
5 Keys to Early Mediation Success When Project Disputes Arise | JD Supra
Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months later by additional mediation sessions that succeed. If most cases are settled later, why can’t they be settled sooner before incurring the time and expense of legal battles? Here are five keys to improving your odds of success at early mediation.
5 Keys to Early Mediation Success When Project Disputes Arise
Purchase agreements for construction, development, or real estate-related projects frequently offer parties the option of early mediation for settling a dispute before proceeding to arbitration or court litigation. While in my experience early mediation sessions tend to fail, additional mediation sessions held months later have a better chance of succeeding.
5 keys to early mediation success when project disputes arise | Opinion
Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months later by additional mediation sessions that succeed. If most cases are settled later, why can’t they be settled sooner before incurring the time and expense of legal battles? Here are five keys to improving your odds of success at early mediation.
Don’t Let Disputed Change Orders Derail Your Construction Project | JD Supra
Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more difficult when the owner and contractor disagree, especially when the job is still in progress.
Don’t Let Disputed Change Orders Derail Your Construction Project
A fact of life for those involved in construction projects, change orders can be a challenge when the owner and contractor agree on the scope, price, and schedule impacts associated with the change but much more difficult when the parties disagree on those terms. Options available to resolve a dispute include handling it in court, arbitration, or mediation, any of which can take months the project schedule likely will not be able to spare.
Don't let disputed change orders derail your construction project
Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more difficult when the owner and contractor disagree, especially when the job is still in progress.
Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract? | JD Supra
Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?” It is a great read, and we borrow from it here in many places. In his article, Mario principally focused on why chatbots like ChatGPT are not quite ready to replace attorneys for the drafting of construction contracts.
Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?
Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?” It is a great read, and we borrow from it here in many places. In his article, Mario principally focused on why chatbots like ChatGPT are not quite ready to replace attorneys for the drafting of construction contracts.
OP-ED: Considerations when selecting prime contractors and subcontractors
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OP-ED: Why early mediations often fail, and possible remedies
By: Eric Grasberger in Constructive Advice December 22, 2020 9:29 am Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. Your subscription includes one set of login credentials for your exclusive use. Security features have been integrated on this site: If someone signs in with your credentials while you are logged in, the site will automatically close your ongoing login and you will lose access at that time.
What You Need to Know About OSHA, COVID-19 & Construction Work | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order
On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.” Unlike “stay home” orders in some other states—which prohibit the operation of all business unless specifically exempted—the Oregon Order prohibits the operation of specific categories of businesses identified in the Order (e.g., amusement parks, aquariums, etc.).
Design-Build and EPC Contracting Approaches Under Fire by Contractors
In a recent article in the ABA’s “Under Construction” publication (link here) the author describes a trend among some major contractors, including SNC-Lavalin, Fluor Corporation and Granite Construction, to leave the DB and EPC space. Other large contractors have announced similar intentions. The problem appears to be that the DB and EPC delivery methods are returning losses – or at least not the anticipated profits – on recent projects.
OP-ED: Effectively addressing changes during a fast-paced job
OP-ED: Effectively addressing changes during a fast-paced job By: Eric Grasberger in Constructive Advice September 21, 2018 7:49 am Change orders are a fact of life on construction projects. Despite commitments up front to limit or eliminate changes, they still occur. It is common to have changes agreed to by parties that include stipulations on contract price and time. It is also common to see owners, contractors and subcontractors disagree on: 1, whether the work ...
Know the risks of cross-laminate timber before beginning your project
Despite recent setbacks, cross-laminated timber (CLT) continues to be an attractive option for owners and developers constructing mid- and high-rise structures across the United States. CLT's growing popularity is supported by its utilization of renewable resources to create a product that proponents say has the strength of steel and the potential to cut down construction schedules by as much as half.
Legislative Update: House Bill 4154 | JD Supra
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Construction Law Alert: Proposed Legislation Would Make Contractors Liable for Unpaid Wages of Subcontractors
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Self-imposed ADA audits: developers’ best option
A recent lawsuit, Chicago Housing Authority v. Destefano & Partners, resulted in a ruling that says project owners and developers may not allocate liability for Americans with Disabilities Act (ADA) claims to architects, contractors or other project participants. Though the ruling defies contract law and common sense, several courts across the country have similarly refused to let owners seek indemnity from those who commit ADA errors. The ADA is a federal statute enacted in 1990.
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