John Mark Goodman | BuildSmart Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses often require expert testimony that must satisfy the reliability requirements of Rule 702 and Daubert. Generally speaking, to… Continue reading Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects
Marisa Miller, John Yacoelle and Kazim Naqvi | Construction & Infrastructure Law Blog On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs… Continue reading Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Mario R. Nicholas | Stoel Rives 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… Continue reading Can Artificial Intelligence Be Trusted to Draft a Construction Contract?
Blake Robinson | Davis Wright Tremaine Twigg v. Admiral Insurance Co. illustrates how relying on breach of contract claims may disadvantage property owners. In Twigg v. Admiral Insurance Co., the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners… Continue reading Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute
Matthew J. Boettcher | Don’t Bet the Business The start of a lawsuit often brings with it a sense of dreadful anticipation. There is an energy, a commitment and hopefully a goal. Also present is apprehension of both the known and unknown of what is to come. Those who have experienced litigation know of the… Continue reading 5 Things to Consider Before you Begin Facilitation