California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, continues to be amended to address errors and omissions in the original regulations. Proposition 65 applies to all businesses in the chain of commerce in California and requires all businesses to provide a “clear and reasonable” warning before knowingly and
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James Walker Recognized on the Daily Journal of Commerce Oregon “Phenoms and Icons” 2018
Miller Nash Graham & Dunn LLP construction attorney James Walker was recognized as a 2018 Phenom by the Daily Journal of Commerce Oregon (DJC Oregon) on December 13 in Portland, Oregon. DJC Oregon’s newest award program honors local building industry’s longtime leaders while recognizing the up-and-coming professionals expected to share the future of architecture, engineering,
Massachusetts Court Holds DTSA Does Not Apply to the Government
A recent case out of Massachusetts is a good reminder that trade secret protection and government contracts don’t always mix well. Read more about it on our firm blog, IP Law Trends.
Washington Supreme Court Upholds Strict Interpretation of Contractual Notice Provisions: Failure to Immediately Give Notice of Claim a Complete Bar to Recovery
Nova, a public works contractor, filed a claim for breach of the covenant of good faith and fair dealing, based entirely on the City’s untimely and repeated rejection of submittals to perform culvert work in Olympia. The Supreme Court held that the contractor was barred from seeking damages because it failed to give written notice
Get Trained on New Requirements for Bidding on Public Works Contracts
Washington’s “responsible bidder” law already imposes significant requirements on contractors bidding on public works contracts: for instance, bidders must obtain certain types of industrial insurance, maintain records of wages and components used in construction, and must not have committed more than one prevailing wage violation in the past five years. Now, a new law will
Department of Labor to Hold Listening Session on Overtime Regulation in Seattle on September 11
As contractors well know, most construction workers are entitled to overtime pay when they have to work more than 40 hours a week. However, under the Fair Labor Standards Act, there is a “white collar” exception for certain employees who earn no less than a standard salary threshold and meet other conditions. In May of
How Should Businesses Respond to a Notice of Intent Letter?
This article was originally published in the Vancouver Business Journal.
When businesses open a letter from Northwest Riverwatcher (a fictional environmental group) with the subject line “Notice of Intent to Sue Under the Clean Water Act,” the tendency, particularly among smaller businesses, is to ignore it and hope Riverwatcher goes away. There may be
State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions
ORS 105.682 provides immunity from contract or tort claims to landowners who permit the public the use of their lands for recreational purposes. Under that statutory provision, a recreational user or the estate of such a user cannot sue the landowner if that user suffers personal injury, death, or property damage from the use of the
Injunctive Relief Exclusive Remedy For Successful Bidder Seeking Damages on Construction Job Not Performed
On July 26, 2018, the Washington Supreme Court issued a new decision addressing public bidding in Specialty Asphalt & Constr., LLC v. Lincoln County. Specialty Asphalt was the winning bidder on a paving project for Lincoln County. After not requiring a performance bond typically required by statute in the bid, the County asked that Specialty post
Oregon Supreme Court Allows Coos Bay Terminal Project to Move Forward
On July 26, 2018, the Oregon Supreme Court affirmed the Court of Appeals in its affirmance of a Department of State Lands’ (DSL) final order granting a permit to the Port of Coos Bay that allows the Port to dredge 1.75 million cubic yards of material from the bay for a deep water marine terminal.