A bar association, such as the Washington State Bar Association (“WSBA”), or the American Bar Association (“ABA”) is a professional body of lawyers. But where did the term “Bar” come from?  Here are a couple of theories on the subject.

Most authorities contend it refers to a traditional courtroom which includes a railing or bar separating the area for general spectators from the area reserved for judges, attorneys, juries, civil litigants, criminal defendants and court officials.  Referring back to the development of our American judicial system which followed many of the English traditions, some have argued...Read More

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 or exclusively on a seller’s disclosures or warnings in order to make an informed decision. The unwitting buyer may think to themselves, for example, “If the seller does not disclose a defect to me before the transaction closes, and I discover...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 nearly all residential eviction activity by landlords, property owners, and property managers, including evictions for reasons that are not rent-related.  The pre-court procedures the landlord would ordinarily follow to gear up for an eviction action in...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 another’s land (legally known as the “dominant tenement” or commonly referred to as the “benefitted property”), the burdened property owner may still make all uses of that owner’s property which do not “unreasonably interfere” with the rights of the party benefitted...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 extends eviction protections to tenants long past the statewide eviction moratorium’s current expiration date of June 4, 2020.  Under Ordinance 126075, a tenant in Seattle has a defense to an unlawful detainer action (eviction) until 6 months after the Mayor’s eviction moratorium...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 a money judgment against the breaching party.  This can be quite time consuming and costly.  Particularly in situations where a breach would be clear cut, but establishing the precise amount of actual money damages would involve high cost and delay, parties...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 litigate in California, depending upon how and where the dispute arose, and in some cases based upon a forum selection clause in a contract.  It can be cumbersome for a Washington client to establish a relationship with a California lawyer, with...Read More

On April 24, Governor Inslee released his Phase 1 Construction Restart plan signaling the beginning of a possible easing of Covid-19 related restrictions put in place under Gubernatorial Proclamation 20-25. As contractors return to work, it is the perfect time to reassess compliance with the Contractor Registration Act.

A major component of the Act, is the mandatory notice required for all projects involving either: (1) four or fewer residential units (or accessory structures) when the contract value is $1,000 or more; or (2) commercial construction where the contract value is more than $1,000, but less than...Read More

On April 14, 2020, Washington Governor Jay Inslee issued Proclamation 20-49 titled “Garnishment and Accrual of Interest” (the “Garnishment Proclamation”).  In the Garnishment Proclamation, Governor Inslee finds that “a state of emergency continues to exist in all counties of Washington State.”  The Governor further finds that “a temporary moratorium on garnishment of wages and other income to collect judgments for consumer debt throughout Washington State at this time will help reduce economic hardship and related life, health, and safety risks to those members of our workforce impacted by layoffs and substantially reduced work hours...Read More

In the midst of the COVID-19 pandemic, many individuals and businesses find themselves in unprecedented circumstances where they do not believe they can perform under contracts that they have entered into, such as construction contracts, leases, or purchase and sale agreements.

Parties who have difficulties performing under their contracts due to the COVID-19 pandemic face the question of whether their performance under their contract can be excused.  The doctrine of force majeure comes into consideration in circumstances where forces outside of a party’s control affect that party’s performance.  Force Majeure is defined generally as “[a] contractual provision allocating risk if performance...Read More