Archive | Contracts

Boilerplate: Understanding those Miscellaneous Terms at the End of Every Contract

Have you ever had the experience of trying to read a contract while the person waiting for you to sign dismissively tells you those terms on the last couple pages are just boilerplate, as though they aren’t very important to the agreement? While that may be the common understanding, it just isn’t the case. Boilerplate […]

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What is Indemnification?

Our clients often ask, “What is indemnification?” An indemnification provision is one of the most common and frequently used provisions when negotiating any type of contract, and yet the parties to a contract often don’t understand the meaning. Indemnity is defined by Black’s Law Dictionary as “a duty to make good any loss, damage, or […]

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How do I keep former employees from competing against me?

How do I keep former employees from competing against me? After investing the time and money that it takes to launch a new, successful business, it is not surprising that many companies seek to protect their confidential information and general know-how. By signing a simple non-competition agreement (or “non-compete”) with employees or contractors, a company […]

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Is my Worker an Independent Contractor or an Employee?

Is my Worker an Independent Contractor or an Employee? For every business owner, large and small, knowing the difference between an independent contractor and employee is an important one. It is particularly important because, even though it is not always clear, the financial consequences of mistaking a contractor for an employee could be dire (taxes, […]

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Leasing your Commercial Space

As a landlord, what should I consider when leasing my commercial space? The flexibility that a commercial landlord and tenant have in structuring their lease allows the parties to develop a lease that closely matches their intentions. This is often to the commercial landlord’s advantage, since many landlords have a superior bargaining position in lease […]

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Preparing Your Incident Reports

Be Careful What You Put In Writing: Preparing Your Incident Reports All construction companies throughout Washington and Oregon have (or should have) detailed safety plans. In case of an injury, property damage, or a near miss on a jobsite, most safety plans include a standard accident or incident report that is filled out by the […]

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When “Substantial Completion” Means Actual Completion

Do you know when your last project was substantially complete? Most contractors would probably agree that substantial completion is not actual completion. A recent Oregon Court of Appeals case, however, shed light on the meaning of “substantial completion” under Oregon’s statute of repose (ORS 12.135) for construction claims. A statute of repose is similar to […]

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