Recent News

Where Did The Term “Bar” In Bar Association Originate?

Washington State Litigation Lawyer Richard R. Beresford | 7/31/2020
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… Read More

Buyers, Beware!

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 6/8/2020
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

Statewide Eviction Moratorium Extended

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 6/4/2020
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

Exclusive Easements In Washington

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 5/28/2020
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

Ramifications Of Seattle’s COVID-19 Eviction Moratorium

Washington State Litigation Lawyer Andrew M. McKenzie | 5/19/2020
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

Liquidated Damages In Washington State

Washington State Litigation Lawyer Andrew M. McKenzie | 5/15/2020
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

Litigating In California From Washington State

Washington State Litigation, and Business and Real Estate Law Lawyer Andrew M. McKenzie | 5/5/2020
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

Prerequisite To Lien Claim (RCW 18.27.114) – A Reminder

Washington State Business and Real Estate Law Lawyer Casey E. Clifton | 5/1/2020
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… Read More

Washington State Garnishment Moratorium (Governor’s Proclamation No. 20-49)

Washington State Litigation and Business Law Lawyer Todd J. Cook | 4/16/2020
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… Read More

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