Recent News

Landlord’s Premises Liability To Third Parties

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/5/2021
A possessor of real property can be liable for dangerous conditions on land which cause injury to people who enter the land.  However, the legal standard of care owed by the possessor is tied to the status of the visitor.  The law classifies visitors as either trespassers, licensees, or invitees.  As to trespassers and licensees,… Read More

Two Common Problems With Contractor Liens In Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 8/2/2021
Contractor liens are powerful tools. When contractors are not paid for their work, they may record a contractor lien (aka “materialman’s lien” or “mechanic’s lien”) against the property to ensure payment. RCW 60.04 governs the requirements for these liens. If a contractor records a proper lien against the property, RCW 60.04 allows them to foreclose… Read More

Community Living: Board Members Take Care To Exercise Your Duties

Washington State Real Estate Law Lawyer Babak Shamsi | 7/27/2021
Recently, the tragic and shocking collapse of the Surfside condominium in Florida has made national headlines. This truly devastating event left many questions unanswered regarding the causes of the collapse. News reports have indicated that in the years leading up to the collapse, the Board of Directors for the condominium had become frustrated by internal… Read More

‘When’ And ‘Where’ Does One Become A Member Of An LLC?

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/21/2021
Fundamental information gathering requires one to answer questions relating to who, what, when, where, why, and how. In past postings, I have discussed the ‘how’ of acquiring an LLC membership (see, for example: An LLC Issued Me a K-1. What Am I?). As it stands, acquiring membership interest in an LLC rests on a host… Read More

Guidance On Judicial Dissolution Of An LLC

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/7/2021
In Washington, a court may order the dissolution of an LLC when “it is not reasonably practicable to carry on the limited liability company’s activities in conformity with the certificate of formation and the limited liability company agreement…” RCW 25.15.274.  While there is no guidance from Washington about the applicable standard, the Iowa Supreme Court… Read More

The Implied Covenant: A Delaware Perspective

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/23/2021
In last week’s post, I discussed Washington’s perspective on the implied duty of good faith and fair dealing, specifically in the context of the iCap NW case. Because of the relative lack of Washington guidance on business issues, Washington courts regularly look to Delaware for guidance. This week, I continue the exploration of the implied… Read More

What Is The Implied Contractual Duty Of Good Faith And Fair Dealing?

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/16/2021
In a previous post, I discussed the “two and a half duties” LLC members owe to other members, focusing primarily on the duties of loyalty and care.  In this week’s installment, I attempt to identify some specifics about the slippery concept of the implied contractual duty of good faith and fair dealing (25.15.038(6)(b)). The context… Read More

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