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A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion...more
Will owners and contractors have to pay twice for labor? Are you ready for SB 426? Join us for a free webinar hosted by Miller Nash LLP that breaks down Oregon’s newly passed Senate Bill 426 and how it could significantly...more
Would you like to pay three times for the same work? If you are a property owner entering into a construction contract with a contractor, you may be required to do just that. Senate Bill 426, passed by the 2025 Oregon...more
On June 9, 2025, Governor Tina Kotek signed SB 426 into law. The bill, set to become effective on January 1, 2026, follows the Oregon Legislature’s ongoing attempts to pass a “wage theft” bill imposing strict liability on...more
If you’re an owner or general contractor on a construction project in Oregon, a new law passed just last week may make you liable to pay the wages and benefits of construction workers—twice. Senate Bill 426 significantly...more
On June 9, 2025, Oregon enacted Senate Bill 426, a significant new law aimed at protecting construction workers from wage theft by imposing strict joint and several liability on both property owners and direct contractors for...more
In Oregon, unpaid workers can sue their employers directly or file administrative complaints with the U.S. Department of Labor or its state counterpart, the Oregon Bureau of Labor and Industries (BOLI). Workers often file...more
The 83rd Oregon legislative session is nearing its end and there are several employment bills still under consideration. Though nothing has been signed into law yet, these bills have the potential for major impacts on...more
Back in 2023, with little fanfare, the Oregon Legislature passed Senate Bill 224: long overdue legislation that modernized the regulation of the practice of architecture in the state. Though the changes have been in effect...more
Oregon Governor Tina Kotek issued Executive Order No. 24-31, titled "Establishing Project Labor Agreements[1] for State Construction Projects" ("EO 24-31" or "Order"), on December 18, 2024. On December 31, 2024, the...more
On December 19, 2024, Oregon Governor Tina Kotek publicly announced Executive Order No. 24-31 (“PLA Executive Order”), requiring Project Labor Agreements (PLAs) on nearly all state construction projects in Oregon. Here’s a...more
On March 7, 2024, the Oregon legislature enacted a significant change to the state's law on retainage requirements for public and private construction projects. The new law introduces options for contractors to receive full...more
Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more
As 2023 comes to a close, it is the perfect time to look back and review recent Oregon legislative changes that will impact the construction industry in the coming year. The 82nd Session of the Oregon Legislature...more
No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your...more
A few years ago, at the beginning of the pandemic, I wrote an article about the shifting norms in building design and legal risk for architects and engineers arising from the quickly evolving shifts in building use and public...more
Public contracting presents a unique set of hurdles and risks that do not typically arise in the private contracting setting. In this complimentary webinar, our experienced construction and public law attorneys will discuss...more
In April 2020, just weeks after Oregon Gov. Kate Brown formally ordered Oregonians to “Stay Home, Save Lives,” I asked whether construction projects could or should continue during the shutdown. While the order did not on its...more