Navigating Technical Terminology in Residential Construction Contracts

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

Pre-Litigation Mediation, Is it For You?

In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation mediation has emerged as one method to resolve disputes before initiating a lawsuit. Engaging in pre-litigation mediation involves working with a neutral third-party mediator

Discovery: Civil Litigation’s Fact Finding Mission Part 2 – Requests for Production

In part 2 of our discussion of the fact finding process in civil litigation we are going to look at “requests for production”—a form of “discovery” that you should be prepared for as part of a civil lawsuit. If you missed Part 1 on Interrogatories, a common form of discovery that often accompanies requests for

Discovery: Civil Litigation’s Fact-Finding Mission – Part 1: Interrogatories

If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts and evidence to support or defend your case. This article discusses “interrogatories”—a method

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?

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

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News Category: Litigation