Archive For: Litigation

Construction Liens In Washington State

Posted: Apr 22, 2019

By: Washington State Business Law and Litigation Lawyer Babak Shamsi

In Washington, disputes in construction projects often involve complex issues between numerous parties.  Parties to a construction project may include prime contractors, subcontractors, suppliers, and laborers, all of whom work with the expectation of compensation for their services.  When these parties are not paid for their work they may file and attempt to enforce liens to ensure their rightful payment.  RCW 60.04 governs the filing and enforcement of mechanics’ and materialmen’s liens, which are a crucial tool for collection efforts pertaining to unpaid construction work.  However, legal representation is often necessary to navigate through the...Read More

Unilateral And Mutual Mistakes In Contracts In Washington State

Posted: Jan 22, 2019

By: Washington State Litigation and Business Law Lawyer Babak Shamsi

When parties form a contract, they usually write the contract with terms conforming to their intentions and expectations. Unfortunately, sometimes one or both parties err in accurately expressing these intentions and expectations within the terms of a contract.  To make matters worse, one party often reaps the benefit of that mistake and will defend the contract vigorously to take advantage of the benefit.  In such disputes, the legal doctrines of unilateral mistake and mutual mistake often arise in the context of litigation between the parties.

When a party unilaterally makes a mistake, the party generally is not...Read More

When There Is Something Strange In Your Neighborhood…

Posted: Feb 1, 2018

By: Washington State Litigation and Business Law Lawyer Babak Shamsi

It may be your very own neighbor.  While many of us want to co-exist peacefully with our neighbors, you cannot always choose your neighbors, and they may have other goals in mind.  Conflicts between neighbors can arise in a variety of contexts, from tree cutting disputes to boundary disputes.  However, one of the most unsettling conflicts occurs when a neighbor trespasses onto your land and causes damage to your personal property.

Perhaps a neighbor damages your fence or knocks down your retaining wall.  Whatever the case, having a neighbor enter onto your land without your permission and...Read More

Appointing A Special Master In Lawsuits In Washington State

Posted: Jan 9, 2018

By: Washington State Litigation, Business and Real Estate Law Lawyer William O. Kessler

The lawyers can see it coming. By their nature, certain lawsuits are primed from the outset to cost the parties excessive money and time, regardless of the amount in controversy. A certain a piece of litigation might involve a technical or complex area of the law. It might require ongoing and frequent oversight of the discovery process. It might involve heavy pre-trial factual analysis, such as damages determined by an expert and/or a complicated CPA-generated accounting. Finally, some litigation might call for compliance with a litany of settlement requirements.

In cases like those, an often-underutilized solution is...Read More

Washington State’s New Power Of Attorney Act

Posted: Dec 4, 2017

By: BeresfordBooth

A power of attorney gives powers to another party (commonly known as an agent or attorney in fact) to act on his or her behalf. A power of attorney essentially allows the agent to step into the shoes of the principal, and perform all acts a principal could perform in his or her own right. The scope of the power of attorney may include dealing with financial matters as well as health care decisions. It can be a useful tool when the principal is unable to manage his or her own affairs for any reason, such as travelling, hospitalization, or...Read More

When Should A Creditor File A Bankruptcy Adversary Action?

Posted: Nov 30, 2017

By: BeresfordBooth

Typically, creditors have little to no recourse when a debtor files for Chapter 7 or Chapter 13 bankruptcy. Unless the debtor has sufficient non-exempt assets to pay all of his creditors, or the debts are secured by homes, cars, or other tangible items, the debts will likely be discharged – i.e., wiped out – leaving creditors with little to no recovery on their debt.

In certain instances, however, debtors cannot discharge debts because of how debtors incurred the debt. If

  1. The debt was obtained by false pretenses, false representation, or actual fraud; or
  2. The debt arose from fraud or...Read More

An Update To The Relocation Statute

Posted: Nov 20, 2017

By: Washington State Family Law Lawyer Anne B. Bennette

A Washington Court of Appeals recently differentiated 50/50 shared parenting plans from plans in which there is a named primary residential parent with respect to the intent to move with the child.

“A proposed relocation that would modify a joint parenting plan’s equal residential time to something less than equal residential time is in effect a change in residential placement. Such a change in residential placement requires an adequate cause finding under the modification statute. We therefore conclude that the CRA does not apply to a proposed relocation that would modify the joint parenting plan’s joint...Read More

Criminal Background Checks: Controlling Risks For Employee Related Litigation

Posted: Oct 31, 2017

By: Washington State Litigation and Employment Lawyer Timothy E. Steen

Employers face increasing litigation risks from the wrongful acts of their employees as the law of negligent hiring and retention expands. Employers are potentially liable for negligent hiring when employing an unfit applicant who poses an unreasonable risk of harm to others. If an employer should have known of an employee’s unfitness at the time of hiring and the employment leads to the harm of a third person, employers may face substantial liability. Additionally, if the employer learns of the employee’s unfitness during the course of employment, an employer may be liable to a later injured party...Read More

Creating Positive Outcomes For Our Clients

Posted: Oct 21, 2016

By: Washington State Business and Real Estate Law Lawyer William O. Kessler

The lawyers of Beresford Booth harness our expertise to maximize the benefit for our clients in any given situation. This can mean transforming a seemingly dire situation to a positive outcome. We enjoy creating efficient and successful outcomes. Recently, we had a client whose financial position was bleak. His wife had died, leaving property in his hands. He called Beresford Booth PLLC and we helped our client take control of the estate. We quickly realized that as part of the estate, our client and his wife owned a shared property with a partner. We established that...Read More

Tools For Fast Debt Collection In Washington State

Posted: Jun 19, 2014

By: Washington State Business & Real Estate Law Lawyer William O. Kessler

Lenders and other creditors are often reluctant to litigate against a debtor, even when liability is clear and the debtor is solvent. Why? Because the creditor fears the debtor will either hide his assets, delay the litigation process, or both.

Good news, Washington creditors. In many situations, your attorney may be able to quickly and efficiently collect the debt by obtaining pre-judgment writs of garnishment and attachment against the debtor’s property. Under RCW 6.25 and 6.26, your attorney simply files a motion with the court at the same time the lawsuit is filed, meaning there...Read More