Sean Gay | Ahead of Schedule Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in the United States began enacting statutes giving builders lien… Continue reading A Brief History of Oregon’s Construction Lien Law
Tag: Oregon
Do Quantum Meruit Claims in Construction Exist Anymore?
Jacob Zahniser | Miller Nash On November 13, 2025, the Oregon Court of Appeals published Seabold Construction Co., Inc. v. KOZ 2211 SW 4th Avenue, LLC, 344 Or App 688 (2025)—a decision that could signal the death knell for quantum meruit (unjust enrichment) claims in Oregon construction. The Court’s Decision in Seabold In Seabold, the plaintiff contractor Seabold… Continue reading Do Quantum Meruit Claims in Construction Exist Anymore?
Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law.[1] However, property damage arising solely… Continue reading Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Oregon’s Building Performance Standards: ODOE Finalizes Incentive Program Rules
Stoel Rives Oregon is implementing a new regulatory framework for energy efficiency that 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). In Brief: HB 3409, signed… Continue reading Oregon’s Building Performance Standards: ODOE Finalizes Incentive Program Rules
Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
John Mark Goodman | BuildSmart 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 of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim