The Bulletin in Bend, Oregon, reports on the benefits and limitations of the Construction Contractors Board’s dispute resolution process in the article, “More construction disputes could go to court.  State no longer resolves complaints through arbitration” by  Joseph Ditzler / The Bulletin, published June 27, 2014.  Read it online at the Bend Bulletin here.

Attorneys’ fees are very often the major driver of any dispute resolution. Fee shifting provisions in contracts are powerful tools to make the parties work together to resolve any dispute amicably. What happens when the fee shifting provision is ambiguous, potentially applying to all disputes or maybe only certain types of disputes? The Oregon Court of Appeals’ recent decision in Adair Homes, Inc. v. Dunn Carney Allen Higgins & Tongue, LLC presents a cautionary tale for lawyers, homeowners, and contractors alike.
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