News Category: Litigation
Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien
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
Regaining Possession of Real Property – Unlawful Detainer or Ejectment?
One of the greatest hurdles faced by landlords and property owners is regaining possession of real property in a timely manner. Unlawful Detainer (also referred to as an eviction) and Ejectment are actions are used by landlords and property owners to recover the possession of real property. Choosing the type of action depends on the
Is There Anything My Neighborhood Can Do to Ban Short-Term Rentals?
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
The Rules of Washington Noncompetition Agreements Have Changed
As of June 2024, the legal parameters of Washington noncompetition agreements were refined by the passing of Substitute Senate Bill 5935. The bill, which passed by the Legislature in February and was signed into law by Governor Jay Inslee in March, took effect on June 6, 2024. Amending five provisions of RCW 49.62, the new
Is There Anything My Neighborhood Can Do to Ban Short-Term Rentals?
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
Judgment Collection: Using Charging Orders to Acquire LLC Membership Interests
Judgment creditors often encounter challenges when trying to collect a debt when a debtor’s assets are held in a limited liability company (LLC), as opposed to assets held directly in the debtor’s name. However, creditors have legal remedies available to address this situation. One useful remedy is a charging order, a legal tool codified under
Changes to Commercial Guarantees in Seattle
Landlords that lease commercial property in Seattle need to be aware of major changes to the Municipal Code. Seattle recently enacted Ordinance 126982, which introduces significant regulations for commercial property lessors within the City. Here’s what you need to know: The ordinance went into effect on January 29, 2024, and has been codified into Seattle
The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation
Why Appeal at All? People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in a divorce trial receives 55% of the assets but no spousal support
Do I Have a Claim Against my Contractor? Prelitigation Notice Requirements for Residential Defect Claims in Washington
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
Concerned About Collecting Against a Shifty Debtor? Prejudgment Writs of Attachment in Light of Changes in the Law and RCW 6.25.030
Collecting against an insolvent debtor (i.e., defendant) creates issues and places pressure on the creditor (i.e., plaintiff) to secure the debtor’s assets while final judgment in a lawsuit is pending. Oftentimes there is a concern that the debtor is secreting/moving assets or not maintaining assets prior to or during the pendency of the lawsuit, to