I was recently appointed as a Trustee on the King County Bar Association Young Lawyer Division Board of Trustees for a three-year term. As a trustee for the Young Lawyer Division I will help further the goals of the King County Bar Association by creating opportunities for young lawyers for continuing legal education, mentoring, and networking.
A public works project is as exciting to win as it is disappointing to lose. But a win is not always a win, nor is a loss always a loss – if the results are subject to protest and appeal.
Public works contract selection is governed by a bid procurement process, ostensibly “a fair forum for those interested in undertaking public projects.” Gostovich v. West Richland, 75 Wn.2d 583, 587, 452 P.2d 737 (1969).
Because Homeowners Associations- for both Condominiums and Residential Communities- are staffed and run by volunteers, it’s sometimes easy to lose sight of the formal requirements that must accompany some organizational decision making.
Attorney fees are an important calculation in any dispute. While it may be worth a dime to recover a dollar, it is rarely worth a dollar to recover a dime. Often parties will anticipate the transaction costs of litigation and protect against them by including contract provisions for a “prevailing party’s” recovery of attorney fees. This can mitigate the cost of litigation, but also adds an element of risk.
The arrival of autumn in the Pacific Northwest usually means rain — and lots of it. In a climate like ours, surface water problems and seasonal flooding are frequently recurring and expensive issues for condominium associations. In fact, condominiums are especially prone to flooding and drainage issues because paved amenities and the typical location of condominium projects usually means there is a prevalence of impervious surface areas in and adjacent to condominium property.
An all risk insurance policy provides coverage for all risks unless the specific risk is excluded. For example, if an all risks homeowner’s policy does not expressly exclude flood coverage, then the house will be covered in the event of flood damage.
Some exclusions may include “ensuing loss” clauses. An ensuing loss clause limits the scope of what is otherwise excluded under the policy.
If you are reading this article based on the headline, you’re likely already familiar with the problem. The downturn in the economy and associated depression of housing prices have created new challenges for Washington condominium residents far beyond the usual run of the mill disputes over noise violations and pet odors.
By David Spring, Ph.D., CFP
Editor’s note: David Spring is a Certified Financial Planner and a client of ours. We assisted David with his insurance claim after his house was destroyed by fire. (Thankfully, no one was injured in the fire.) David had done such a good job of documenting his personal belongings that his claim was never really disputed by the insurer.
Selecting the Contractor
1. Use your resources.
Seek referrals from your friends, family, neighbors, and co-workers, but DON’T STOP THERE. One good reference is not enough.
Search for contractors on the Better Business Bureau website.
Search for reputable contractors with the National Association of Home Builders and the National Association of the Remodeling Industry.
Never forget the power of the internet.
Building a new home is a dream for many people. If you are really lucky, you have saved to hire a talented architect, and then you find a reputable builder to build your dream house. When the builder presents his standard construction contract, should you just accept it as is, hire a lawyer, or do you have enough business experience to act as your own lawyer?
Do you act as your own dentist, or perform your own colonoscopy? One who acts as his own lawyer has a fool for a client.