Recent News

A Tale Of Two Tails: Lingering Claims Under Statutory Warranty Deeds Copy

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 6/21/2021
Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Can I Assign My Commercial Lease? (Part 1- When Can The Landlord Refuse To Consent?)

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 6/2/2021
Businesses’ needs are constantly evolving.  As a company’s size grows or shrinks through the natural business cycle, changes in the business model, mergers, spinoffs, retirements, and other factors, the company’s need for leased space also changes.  Changes are not always predictable far in advance.  As a result, your business might sign a long-term lease for… Read More

Beware Of Timelines For Mechanics’ Liens: Warranty Work Won’t Give You Extra Time

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 5/11/2021
Cashflow is often the lifeblood of the construction industry.  When contractors do work or supply materials without timely payment from their customers, it can have major impacts on their ability to continue operating effectively.  A contractor’s ability to make payroll and stay current on accounts with their suppliers and subcontractors is vital to protecting their… Read More

Private Condemnation: A Remedy For Landlocked Property And Access Problems

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 4/5/2021
Eminent domain, generally speaking, is the power of the government to take private property without the private owner’s consent.  Under the U.S. Constitution, the government exercising this power must compensate the property owner for the fair market value of the property taken.  The U.S. Supreme Court has held that it is not a violation of… Read More

What Is The Difference Between A Prescriptive Easement And Adverse Possession?

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 3/2/2021
Most non-lawyers have probably heard about adverse possession- the concept that you can become the owner of someone else’s property by treating it as your own.  But the term “prescriptive easement” is not as well known.  The two concepts have different requirements and implications for the rights of the parties.  Adverse Possession concerns a claim of ownership of… Read More

Dairy Worker Wage-Exception Unconstitutional

Washington State Litigation Lawyer Eli K. Yim | 3/1/2021
The Washington Supreme Court, in a 5-4 decision, recently held that a 60-year exception to the state’s wage/hour laws for dairy workers is unconstitutional.  At issue was RCW 49.46.130(2)(g)—that section of the Washington Minimum Wage Act which exempts agricultural workers from earning overtime pay. In Martinez-Cuevas, et al. v. DeRuyter, et al., Jose Martinez-Cuevas and… Read More