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Recent Articles from Brent Carpenter
Just send the notice: an update on pre-lien notice requirements | Opinion
Providing adequate pre-lien notice, as a matter of course, can protect a contractor鈥檚 right to seek payment from the owner if a project goes sideways.
OP-ED: A look at Oregon and Washington rules for heat illness prevention
The two sets of rules 鈥� largely identical, but with some important differences 鈥� have some key provisions.
OP-ED: Compensation for changes in the absence of a written change order
A contractor may be entitled to payment, as an equitable adjustment to the contract price, for changed work under the legal theory of constructive change.
OP-ED: Variations in estimated quantities for construction projects
Many contracts address variations in estimated quantities with contract provisions. However, there are significant differences in contracts for federal, state and private projects.
OP-ED: Who pays for material cost escalations during construction?
To preserve its claim, a contractor should immediately put the owner (or general contractor in the case of a subcontractor or material supplier claim) on notice of a price escalation.
OP-ED: Delay, disruption and acceleration: untangling the tangled web
Three distinct legal theories are often hopelessly intertwined factually. However, each one has its own elements of proof, which a contractor will need to keep in mind should it anticipate bringing a claim.
OP-ED: Differences in Oregon and Washington bid protest processes
It is vital that a contractor be familiar with the protest procedure provided for in the solicitation and follow that procedure should it choose to submit a bid protest.
OP-ED: Construction liens in Oregon and Washington: How to protect your rights
An issue that arises with some frequency is whether particular items included in a lien are 鈥渓ienable鈥� 鈥� that is, whether they are items which are allowed under the lien statutes.
OP-ED: No-damages-for-delay provisions in private contracts
Many private construction contracts contain what are known as 鈥渘o-damages-for-delay鈥� provisions. The enforceability of these provisions in such contracts in Oregon is an open question.
OP-ED: When does a construction lien deadline start to run?
Construction liens are a powerful tool to ensure payment. However, to preserve this security, a contractor needs to be cognizant of the deadline for recording a lien.
OP-ED: Claims for differing site conditions on construction projects
Depending on the claim jurisdiction, a contractor typically must prove four elements in order to establish entitlement to compensation due to a differing site condition.
OP-ED: ‘Up-the-chain’ claims by lower-tier subs and suppliers
Preserving lien and bond rights is important because they provide security to subcontractors and suppliers in the event of nonpayment by the general contractor.
News
- Multnomah County commits up to $101.6M for Moda Center
- Portland code changes to take effect in November
- Los Colibris project approved for Portland’s OMSI District
- Pacific Northwest projects totaling $9.9 million in top bidders | Aug. 7, 2026
- Oregon opens infrastructure grant program
- Ex-TV host claps back at Detroit officials in blight case
- 31-unit multifamily project in Portland land use review intakes | Aug. 3, 2026
- $2.4 million office renovation in Portland building permits | Aug. 3, 2026
- Transportation commission weighs ODOT budget cuts
- Lam Research planning $1.7 billion investment in Tualatin
- Pacific Northwest projects totaling $10.6 million in top bidders | July 31, 2026
- Many Oregon counties struggling to maintain their fairgrounds
Commentary
- Beware of when the debt collector comes calling | Opinion
- Assembly of a future workforce begins with an invitation | Opinion
- Beware of overlooking legal requirements for remote workers | Opinion
- Become a critical thinker and transform a workplace | Opinion
- Managing construction risks with international suppliers | Opinion
- A rally with many engines: the lesson of 2026’s first half | Opinion
- Oregon housing challenges persist despite sound and fury | Opinion
- When does an employee’s bullying become harassment? | Opinion
- Ditch disorganization 鈥� the cost of deferred decisions | Opinion
- Consider 10 common risks for healthcare construction projects | Opinion
- Clarifying the reach of a law regarding prevailing wage | Opinion
- Adjust to legal changes now to ensure compliance later | Opinion
