Mario Nicholas
Portland
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Articles by Mario Nicholas
Managing Construction Risk through Cost Transparency
Construction projects have always relied on trust when evaluating costs, but today’s market conditions are driving owners and developers to seek greater visibility into how project pricing is developed and verified. With tighter project margins, ongoing uncertainty in labor and material costs, and increased scrutiny from lenders and investors, cost transparency is becoming a critical component of project delivery.
Managing Construction Risk Through Cost Transparency
Abstract Construction cost transparency is becoming a critical risk-management tool as owners and developers face tighter budgets, cost volatility, and increased financial scrutiny. This article explains how transparent pricing, documented change orders, and clear contract procedures help reduce disputes, improve decision-making, and keep projects on track. Owners, developers, and contractors can use these strategies to strengthen accountability and manage construction risk more effectively.
Managing construction risk through cost transparency | Opinion
Mario Nicholas and Ben Codog Owners and developers have long relied on trust when establishing and evaluating construction costs. A contractor presents an estimate or change order; the owner decides whether the amount appears reasonable based on the information presented; and the project moves forward. That model is changing.
Managing Construction Risk through Cost Transparency
Abstract Construction cost transparency is becoming a critical risk-management tool as owners and developers face tighter budgets, cost volatility, and increased financial scrutiny. This article explains how transparent pricing, documented change orders, and clear contract procedures help reduce disputes, improve decision-making, and keep projects on track. Owners, developers, and contractors can use these strategies to strengthen accountability and manage construction risk more effectively.
Managing Construction Risks With International Suppliers | Opinion | JD Supra
As construction projects increasingly rely on specialized and international suppliers, project participants face a growing range of legal and practical risks. This article examines the challenges of resolving disputes involving foreign suppliers, including service of process, evidence collection, and judgment enforcement. It also outlines key contractual and due diligence strategies that can help owners and contractors reduce exposure and protect project outcomes.
Managing construction risks with international suppliers | Opinion
Abstract As construction projects increasingly rely on specialized and international suppliers, project participants face a growing range of legal and practical risks. This article examines the challenges of resolving disputes involving foreign suppliers, including service of process, evidence collection, and judgment enforcement. It also outlines key contractual and due diligence strategies that can help owners and contractors reduce exposure and protect project outcomes.
Managing construction risks with international suppliers | Opinion
Mario Nicholas and Jack Branscome In today’s construction market, parties increasingly arrive at the table with specific suppliers and partners already in mind. Whether driven by brand preferences, prior relationships, unique product requirements, owner requests, or cost considerations, new suppliers can play an important role in project delivery. But when a key supplier is selected without sufficient evaluation, the project may face unexpected challenges.
31st Annual Oregon Construction Law Seminar
Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join Sean Gay, Zachary Davis and Mario Nicholas who will be presenting at the Annual Oregon Construction Law Seminar, hosted by The Seminar Group, on Thursday, May 14, 2026. This event brings together many of Oregon’s top construction lawyers and industry experts to share insights and updates on the industry’s key issues.
Revisiting Reliability of AI in Drafting Construction Contracts
Nearly three years ago, which is light years in the world of artificial intelligence (AI), I draftedan articlepublished by the Daily Journal of Commerce on whether AI could be trusted to draft a construction contract. At the time, the blunt answer was “no.” I recently revisited this topic using a leading AI chatbot.
Revisiting reliability of AI in drafting construction contracts | Opinion
Mario Nicholas Nearly three years ago, which is light years in the world of artificial intelligence (AI), I drafted an article published by the Daily Journal of Commerce on whether AI could be trusted to draft a construction contract. At the time, the blunt answer was “no.” I recently revisited this topic using a leading AI chatbot.
Oregon’s Building Performance Standards: ODOE Finalizes Incentive Program Rules | JD Supra
Oregon is implementing a new regulatory framework forenergy efficiencythat will significantly impact the commercial and multifamily real estate sectors. As part of this new framework, the Oregon Department of Energy (ODOE) recently finalized rules regarding an incentive program for early compliance with Oregon’s new Building Performance Standards (BPS).
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.
Subcontracts: tips for general contractors and subcontractors
Key Considerations in Subcontract Negotiations Negotiating subcontracts presents challenges for both general contractors and subcontractors. General contractors must balance responsibilities to owners and subcontractors while managing risk. Subcontractors, often with limited negotiation power, should focus on key risk-shifting provisions. Prime Contract Role Subcontracts often include “flow down” clauses, requiring subcontractors to assume general contractor obligations.
Subcontracts: Tips For General Contractors And Subcontractors | JD Supra
Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work performed by the subcontractor, and their subcontracts should reflect that risk. Subcontractors, on the other hand, may lack the leverage to heavily negotiate subcontracts and will want to pinpoint key risk-shifting provisions.
Subcontracts: tips for general contractors and subcontractors | Opinion
Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work performed by the subcontractor, and their subcontracts should reflect that risk. Subcontractors, on the other hand, may lack the leverage to heavily negotiate subcontracts and will want to pinpoint key risk-shifting provisions.
Subcontracts: tips for general contractors and subcontractors
This article was originally published in the Daily Journal of Commerce on February 20, 2025. By: Mario Nicholas Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work performed by the subcontractor, and their subcontracts should reflect that risk.
What to Consider When Analyzing Dispute Resolution Provisions | JD Supra
Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute arises before closely analyzing dispute resolution provisions.
What to consider when analyzing dispute resolution provisions | Opinion
Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute arises before closely analyzing dispute resolution provisions.
Can Artificial Intelligence Be Trusted to Draft a Construction Contract? | JD Supra
If you ask one of the leading artificial intelligence (AI) chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than relying solely on ChatGPT or any AI model to draft a construction contract.” As support, ChatGPT provides a handful of reasons construction attorneys haven’t (at least yet) gone the way of the dodo, including: Legal expertise While there may come a day when AI provides...
Can AI Be Trusted to Draft a Construction Contract?
Mario Nicholas is a partner in Stoel Rives’ Construction and Design group with experience litigating a range of construction disputes and drafting a variety of construction agreements. Mario has trial and arbitration experience and has assisted clients before federal and state courts, domestic… Mario Nicholas is a partner in Stoel Rives’ Construction and Design group with experience litigating a range of construction disputes and drafting a variety of construction agreements.
Can artificial intelligence be trusted to draft a construction contract? | Opinion
If you ask one of the leading artificial intelligence (AI) chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than relying solely on ChatGPT or any AI model to draft a construction contract.” As support, ChatGPT provides a handful of reasons construction attorneys haven’t (at least yet) gone the way of the dodo, including: Legal expertise While there may come a day when AI provides...
OP-ED: Can we avoid court? Considerations for construction mediation agreements
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Inflation: The Elephant in a Construction Dispute or Contract Negotiation | JD Supra
Inflation is hitting the country hard. Consider this: $1 million in January 2020 has the same buying power as over $1.7 million today, according to the Consumer Price Index inflation calculator. How much weaker the dollar will get is anyone’s guess.
Inflation: The Elephant in a Construction Dispute or Contract Negotiation
Inflation has spared no part of the U.S. economy, but the construction market in particular is feeling its effects, and it is crucial that owners , contractors, and design professionals be cognizant of the risks presented by inflation and aware of and understand the options to mitigate them.
OP-ED: Inflation: the elephant in a construction dispute or contract negotiation
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.
Don’t Be Late! (But Assume That Your Construction Project May Be) | JD Supra
The combination of the COVID-19 pandemic, skyrocketing construction material costs, labor and material shortages, and a hot housing market presents a predictable risk: despite your best efforts, your project might not finish on time. What should owners and contractors do to prepare?
Don’t Be Late! (But Assume That Your Construction Project May Be)
Today, the construction industry faces a myriad of challenges – as well as the COVID-19 pandemic, rapidly increasing construction material costs, labor and material shortages, and a hot housing market are potential obstacles for project owners and contractors that, despite their best efforts and intentions, could prevent them from completing their construction projects on time.
Don't be late! (But assume that your project may be) • Daily Journal of Commerce
By: Mario Nicholas in Constructive Advice June 17, 2021 12:25 pm 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.
When Should You Start to Prepare for Disputes on Your Project? Always.
Originally published as an Op-Ed in the Oregon Daily Journal of Commerce on June 19, 2020. Whether you are an owner, contractor, or design professional, construction disputes are, unfortunately, inevitable. Below are some tips to avoid potential pitfalls and help resolve disputes as efficiently as possible, whether before or after formal litigation (or arbitration) commences.
OP-ED: When should professionals prepare for project disputes? Always
By: Mario Nicholas in Constructive Advice June 18, 2020 1:21 pm The more rigorous one is in maintaining good daily habits, the better chance one has of reaching a favorable resolution. 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.
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.
Tips for Owners and Contractors with Projects in the “Grey Area” of California’s COVID-19 Orders | 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.).
Tips for Owners and Contractors with Projects in the “Grey Area” of California’s COVID-19 Orders
In response to COVID-19, construction projects in California are currently subject to a statewide Executive Order and potentially other similar (or dissimilar) “stay home” or “shelter in place” orders or directives issued by counties and cities. Under the California statewide order, only businesses needed to maintain continuity of operations of identified federal critical infrastructure sectors (click here for the list) may continue to operate.
OP-ED: Recession warnings piling up: a harbinger of liens?
By: Mario Nicholas in Constructive Advice September 19, 2019 12:12 pm Here are five tips for savvy owners, developers and contractors to consider as work continues in uncertain times. 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.
For Sale - Middle Atlantic Revolving rack 24u
______________________________________________________This message is automatically inserted in all classifieds forum threads.By replying to this thread you agree to abide by the trading rules detailed here Please be advised, all buyers and sellers should satisfy themselves that the other party is genuine by providing the following via private conversation to each other after negotiations are complete and prior to dispatching goods and making payment:
For Sale - Middle Atlantic revolving rack
______________________________________________________This message is automatically inserted in all classifieds forum threads.By replying to this thread you agree to abide by the trading rules detailed here Please be advised, all buyers and sellers should satisfy themselves that the other party is genuine by providing the following via private conversation to each other after negotiations are complete and prior to dispatching goods and making payment:
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