News & Insights from Joseph Evans

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when entering a construction contract. As a primer, the following are some words commonly found in residential construction agreements that homeowners should understand before entering into […]

Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor is able to record a valid mechanic’s lien for work performed on residential real property. It is imperative that both contractors and […]

In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community Associations addressed whether a homeowners’ association (“HOA”) exceeded its power to amend covenants when a simple majority of the homeowners voted to prohibit short-term […]

In 2014, long before the pandemic spurred the proliferation of short-term residential home rentals like those offered through Airbnb and other services, the Washington Supreme Court in Wilkinson v. Chiwawa Community Associations addressed whether a homeowners’ association (“HOA”) exceeded its power to amend covenants when a simple majority of the homeowners voted to prohibit short-term […]

When faced with a residential construction defect problem—such as water intrusion, poor workmanship, or material/design deficiencies—Washington homeowners are often left wondering whether they have a claim, who is at fault for the construction issues, and what to do if they believe a claim exists.  These are complicated questions that can get even more complicated if […]

This past fall, in a split 5-4 decision, the Washington Supreme Court ruled that a one-year limit to file suit under a residential construction contract was unconscionable and, as a result, void and unenforceable. Tadych v. Noble Ridge Construction, 519 P.3d 199 (2022). The Court articulated that a one-year limitation period “unduly benefits the contractor […]

Washington’s legislative bill ESHB 1793 was codified as RCW 64.90.51, effective June 9, 2022, and governs electronic vehicle charging stations in common interest communities.  RCW 64.90.51 in part prohibits condominium unit owners’ associations (“COAs”) from placing unreasonable restrictions on the installation or use of an electric vehicle charging station at any newly-constructed condominium building in […]

In February 2022, Washington’s Court of Appeals for Division III reached a decision awarding attorney’s fees and costs for prelitigation bad faith in a matter of first impression for Washington courts.  In Dalton v. North Cascade Trustee Services and U.S. Bank, the appellate court reversed the superior court’s judgment in favor of a homeowner in […]