Recent News

Over the last half-century or more, the public has grown accustomed to laws protecting consumers. We hear of large damage awards for perceived minor breaches of duties owed to a consumer. In such an environment, buyers of real estate may be lulled into a false sense of security, assuming incorrectly that they may rely mostly… Read More

On June 2, 2020, Washington State Governor Jay Inslee issued Proclamation 20-19.2, which extends the statewide moratorium on evictions until August 1, 2020.  My colleague Todd Cook previously posted about the original moratorium and April modification to it here:  https://beresfordlaw.com/governor-inslee-expands-scope-of-eviction-moratorium-and-extends-moratorium-until-june-4-2020/.  This latest extension continues most of the same prohibitions as existed previously.  The moratorium prohibits… Read More

In nearly all circumstances, an easement entitles its holder to make only limited use of another’s land.  The default rule in Washington as in most jurisdictions is that even when an owner’s land (legally known as the “servient tenement” or commonly referred to as the “burdened property”) is encumbered by an easement in favor of… Read More

Seattle has long had a reputation for tenant-friendly regulations.  In the wake of COVID-19, starting in March 2020, Seattle took several actions culminating in a lengthy moratorium on certain evictions.   On May 6, 2020, Mayor Durkan signed into law a bill unanimously passed by the Seattle City Council (full text here: https://seattle.legistar.com/LegislationDetail.aspx?ID=4427723&GUID=0651D7FC-E708-40E6-8AFA-090008E8C4A4&FullText=1), known as Ordinance 126075, which… Read More

When parties enter into a contract, they usually assume the contract will be performed.  But what happens in the event of a breach?  The default is for a dispute to spawn litigation if the parties cannot resolve it on their own.  Ordinarily the non-breaching party must establish with reasonable certainty their actual damages to obtain… Read More

California is the world’s sixth largest economy.  That fact combined with its west coast proximity to Washington spurs commerce between many Washington and California businesses.  Many Washingtonians have a second home in California, or may have other investments or contractual relationships affected by California laws. When disputes arise, parties located in Washington may be required to… Read More

For more than a month now, Washington State’s construction industry has felt the pain of restrictions and prohibitions which shut down vast swaths of industry activity following Governor Jay Inslee’s Proclamation 20-25, known as the “Stay Home- Stay Healthy” order.  On April 24, 2020, the Governor made a monumental announcement that, following weeks of negotiations,… Read More

Like most industries in Washington State, the construction industry has suffered at the hands of the Covid-19 pandemic.  Virtually everyone in the chain from material suppliers, general contractors, subcontractors, individual construction workers, and project owners feel the toll inflicted by risks, obstacles, and uncertainties as they try to preserve and advance construction projects.  On March… Read More

Frequently a plaintiff’s injuries are attributable to the combined effects of the actions of multiple defendants.  In this context, the defendants may be jointly and severally liable to the plaintiff, which means that if one defendant is insolvent, the plaintiff may collect the full amount of the damages from the remaining defendant(s). Under RCW 4.22.040,… Read More