Washington’s common interest community framework is undergoing its most significant shift in decades. Recent legislative changes to Washington’s Uniform Common Interest Ownership Act (WUCIOA) will unify all associations under a single statute by 2028, fundamentally reshaping governance and compliance obligations. For developers, the expansion of the express insured warranty option offers a new pathway to
Ahead of Schedule
Development, Design & Construction Law Blog
Latest from Ahead of Schedule
Consider 10 Common Risks for Healthcare Construction Projects
Healthcare construction projects involve more than managing budgets and schedules. Owners must navigate contractual, operational, and legal risks that can affect delivery, increase costs, and create disputes long after construction begins.
From design coordination issues and force majeure delays to insurance gaps and warranty obligations, many significant risks arise from how contracts are drafted, administered,…
Ecology Meets Economics: Conservation and Mitigation Banks
As development activity continues to grow, developers increasingly face environmental obligations related to impacts on wetlands, waterways, protected species, and habitat. Conservation and mitigation banks provide a market-based mechanism for satisfying those obligations by purchasing environmental credits.
These banking systems can help manage permitting risk, project timelines, and long-term compliance responsibilities. They also present unique…
Self-Storage Facilities Face New B&O Tax Obligations in Washington
Washington’s self-storage industry is facing a major tax change. Effective April 1, 2026, income from self-service storage rentals will be subject to Washington’s business and occupation (B&O) tax under recently enacted legislation—marking a significant shift from the industry’s long-standing tax treatment in the state.
The change imposes new compliance and reporting requirements on storage facility…
Who May Claim a Construction Lien in Oregon?
In Oregon, there are five general categories of construction lien claimants:
…
Perfect First, Assign Later: Oregon’s Rules for Transferring Construction Liens
One consequence of Oregon’s policy of strictly limiting who may claim a construction lien is that a claimant may not assign a lien before it is perfected. Until a lien is perfected by public recording, it is considered a personal privilege. Any assignment before perfection will result in loss of the construction lien claim, because…
The Essential Role of Notice Under Oregon’s Construction Lien Law
Because construction liens can affect other interests in real property, both public notice and actual notice to certain parties with recorded interests are essential to a fair lien system. In Oregon, timely recording a claim of lien with the county recorder provides the required public notice and is a prerequisite to a valid lien. Oregon’s…
Lien Law Ground Rules: Construction and Interpretation of Oregon’s Lien Statutes
In Oregon, the construction lien was created by the legislature and codified in statute. As such, construction lien rights were not recognized at common law or in equity. As statutes in derogation of the common law, Oregon’s rules of statutory construction dictate that lien statutes must be strictly construed. For example, Oregon courts will not extend lien…
Oregon’s “Direct” Construction Lien Law
Under Oregon law, construction lien claimants have a “direct” lien. Although the lien arises through the statutory agency of the contractor, for lien claimants other than the contractor, it is independent of the contractor and secures payment to the claimant regardless of whether the owner paid the contractor or whether the contractor waived or released…
Artificial Development: The Benefits and Risks of AI in Construction
Artificial intelligence is becoming part of everyday practice for contractors and design professionals, and the legal implications are evolving. Two issues have emerged as particularly important: who owns AI-assisted design work, and what happens when data is shared with AI tools.Design documents have long been protected by copyright, and design and construction contracts have taken…