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Recent Articles from Zachary Davis
Managing document discovery in construction disputes | Opinion
Parties and their counsel will often enter into ESI (electronically stored information) protocol agreements that spell out requirements for cooperation and transparency, as well as the processes the parties will take to meet their document discovery obligations.
Understanding contractual remedies and principles in uncertain times | Opinion
Having a basic understanding of contractual and legal lexicon relevant to the various doctrines that may excuse or modify a party鈥檚 performance obligation is critical.
Document preservation, collection and production obligations | Opinion
The fulsome exchange of documents is particularly critical to fairly resolving a construction dispute because its story is almost always told through the emails and other communications between and among the various project participants.
Strategies for getting difficult contracts to the finish line | Opinion
Parties mired in a stalemate may want to consider several actions to potentially seal the deal.
What parties ought to consider when considering arbitration provisions | OP-ED
The combined goal of these considerations is eliminating surprises if a dispute arises and balancing efficiency with the desire for a fair process.
OP-ED: Looking back — and forward — after two years of a pandemic
Nearly 25 months since Gov. Kate Brown issued her order to "Stay Home, Save Lives," we might finally be emerging to see the ever so evasive light at the end of the tunnel.
OP-ED: Pandemic creates cause to rethink overlooked contract provisions
As our industries and communities enter hopefully recovery and resurrection from the pandemic, the time is right to look back at lessons learned over the past 12 months.
OP-ED: Can (or should) my project continue during the shutdown?
It is a good time to revisit the considerations that all project participants should keep in mind when deciding whether to continue a project or start one.
OP-ED: Five reasons to get a contract signed before construction starts
It is construction contracting 101: get the contract signed before the shovels hit the dirt. But too frequently the signed agreement becomes secondary to starting work. This is understandable. For […]
OP-ED: Reimagining the dispute resolution provision in contracts
Dispute resolution is usually one of the last items addressed during negotiation of a construction or design contract. The reason is obvious: in the rush and excitement of getting a […]
OP-ED: Oregon Court of Appeals broadens ‘four corners’ rule
In a ruling that is good news for contractors, the Oregon Court of Appeals likely eased the burden for contractors seeking a defense under insurance policies in which they have […]
OP-ED: Oregon courts will enforce anti-assignment provisions
Insurance policies often include anti-assignment provisions that prohibit the insured from assigning its rights under the policy. In a recent decision by the Oregon Court of Appeals, a claimant learned […]
News
- $960,000 office renovation in Portland building permits | Aug. 10, 2026
- Two projects in historic districts in Portland land use review intakes | Aug. 10, 2026
- 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
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
