FAQs
- I'm hiring a contractor; how can I determine if it is a legitimate company?
- How do I protect myself from construction liens?
- How can I make sure American Institute of Architects (AIA) Contracts meet my needs?
Frequently Asked Questions on Construction Law
- What is the False Park defect and might it have caused my accident?
- What vehicles are affected by the false park defect?
- How frequently do false park accidents occur?
Frequently Asked Questions on False Park Transmission Defects
Frequently Asked Questions on Construction Law
Q: I'm hiring a contractor; how can I determine if it is a legitimate company?
A: First, you should check to see if the contractor is a registered business entity. Businesses such as professional corporations, limited partnerships, and limited liability companies (LLCs) must register with the Oregon Secretary of State Corporation Division. You can contact the Secretary of the State's office or search on the website to determine if the business you want to hire is properly registered with the state.
If you are investigating a contractor or developer, you also need to verify that they are properly licensed with Oregon's Construction Contractors Board (CCB). Before agreeing to hire a contractor or developer, it is crucial that you obtain proof of insurance and bonding as required by the CCB before initiating any work and before you give them a deposit. This will offer at least minimal protection if something goes wrong with the job. All contracts on a residential structure that exceed $2,000 in work must be in writing, so it is best to consult an experienced attorney and make certain the important terms of your arrangement are included in the contract.
Q: How do I protect myself from construction liens?
A: In your contract, it is important that you require your contractor to keep the project clear of liens and to pay off all liens if filed. You should stipulate in the contract that you will not pay for the work unless and until all contractors and subcontractors sign contingent lien releases. You can also write two-party checks. While all of these actions will help you defend against lien claims, it is also important to seek the assistance of experienced legal counsel to ensure provisions in your contracts provide protection and that the obligations called for under the contract are being fulfilled.
Q: How can I make sure American Institute of Architects (AIA) Contracts meet my needs?
A: While the AIA has developed a useful set of form contracts for construction projects, each project is highly unique and involves varying concerns and issues. You should make sure that your contracts satisfy your particular needs and protect your rights. Generally, these form contracts can be easily modified to meet your needs. Our attorneys are experienced in this area of law and are very familiar with these contracts and we can assist you in reviewing, modifying, and negotiating these contracts to ensure all of your needs are met.
Frequently Asked Questions on False Park Transmission Defects
Q: What is the False Park defect and might it have caused my accident?
A: The "false park" or "park to reverse" transmission defect affects certain model vehicles. Drivers believe they are putting the car into park, but they are actually putting the car into an illusory position somewhere in between park and reverse. Because of this, slight shifts in the car (such as a person getting out) can cause the car to go into reverse, even when the vehicle is running, and this has caused serious injuries and deaths. Two wrongful death cases have already been successfully litigated, and hundreds of accidents have occurred.
Q: What vehicles are affected by the false park defect?
A: The vehicles involved include:
- 1988 through 2003 Dodge Dakotas
- Certain 1988 through 2006 Dodge Rams
- Certain 1993 through 2004 Jeep Grand Cherokees
- Certain Ford rear-wheel drive vehicles including the Crown Victoria/Grand Marquis, Ford F-150, 250 and 350 pick-ups, Ford SUVs such as the Explorer, and other Ford vehicles with substantially similar transmissions such as the Econoline
- Certain Ford front-wheel drive vehicles such as the Ford Aerostar minivan
Q: How frequently do false park accidents occur?
A: The false park defect affects more than one million vehicles on the road today. Although the manufacturers have recalled the affected vehicles, hundreds of accidents and injuries are still occurring. If you have been injured by or own a vehicle that suffers from this defect, Marvin, Chorzempa & Larson are experienced with handling this issue and can assist you. We also handle other consumer products liability matters.
