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Recent Articles from Eric Grasberger
Hidden but present: the impact of ‘dark matter’ in mediation | Opinion
In mediation, if you have ever wondered why the opposing party鈥檚 position makes no sense given the observable merits of the dispute, you may be missing the dark matter.
5 keys to early mediation success when project disputes arise | Opinion
Early mediation sessions usually fail, only to be followed months later by additional sessions that succeed. If most cases are settled later, why can鈥檛 they be settled sooner before incurring the time and expense of legal battles?
Don’t let disputed change orders derail your construction project | Opinion
Enter the disputed change order clause. This clause is surprisingly absent from many standard form agreements.
OP-ED: Considerations when selecting prime contractors and subcontractors
Selection of a contractor should be done carefully. There are many good contractors, but not all are the right fit for your project.
OP-ED: Why early mediations often fail, and possible remedies
Most construction and design contracts now call for an early mediation session before a lawsuit or arbitration demand can be filed. Nevertheless, these efforts frequently fail to produce a resolution.
OP-ED: Effectively addressing changes during a fast-paced job
Change orders are a fact of life on construction projects. Despite commitments up front to limit or eliminate changes, they still occur. It is common to have changes agreed to […]
OP-ED: Self-imposed ADA audits: developers’ best option
A recent lawsuit, Chicago Housing Authority v. Destefano & Partners, resulted in a ruling that says project owners and developers may not allocate liability for Americans with Disabilities Act (ADA) […]
The trend toward liability waivers in design and construction
Owners are optimists and contractors are negotiators. Maybe this explains the increasing (and for owners, disturbing) presence of liability waivers in construction and design contracts. Savvy owners 鈥� especially those […]
OP-ED: Avoid pain by consolidating construction disputes
Litigation is an unfortunate byproduct of the construction industry. With so many players contributing design services, construction services, materials and equipment in a confined space under a tight budget and […]
The case for construction claims reform
Some states have enacted statutes eliminating much of the uncertainty surrounding construction claims. Owners, designers, contractors and suppliers in these states convene to draft compromise legislation they all can accept. […]
ADA claims: the buck stops with developers
Project owners and developers may not allocate liability for ADA claims to architects, contractors or any other project participants. Though this reality defies common notions of contract law 鈥� and […]
Evolving concepts of ‘fairness’ in construction contracts
As credit markets return, new projects are finally breaking through the entitlement and financing stages. They are accompanied by fresh optimism and the promise of a profitable 鈥� and defect-free […]
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
