Washington’s Non-Essential Construction Order

  How to Comply with Washington’s Non-Essential Construction Order   On March 23, 2020, Governor Jay Inslee announced a “Stay Home, Stay Healthy” order.  Pursuant to this order, Governor Inslee prohibited all non-essential businesses from operating.  However, the prohibition did not apply to “Essential Critical Infrastructure Workers,” which many construction companies and industry groups initially…

Seattle Commercial Buildings & Construction Defects

Washington Moratorium on Commercial Evictions

  Washington Moratorium on Commercial Evictions   On March 17, 2020 the City of Seattle issued an Emergency Order imposing an immediate moratorium on evictions and lease terminations of tenancies of any small businesses (50 or fewer employees) and nonprofit corporations. This moratorium is effective until the earlier of (i) the date the Mayor of…

Can Landlords Force Tenants to Continue Operating Their Business?

Many commercial leases include an operating covenant or continuing operations clause pursuant to which the Tenant promises to continue operating its business through the term of the lease.  This clause is intended to protect the Landlord’s interest in future sales and to prevent unexpected and unsightly vacancies which negatively affect neighboring tenants and thus the…

What Are Construction Defects

What are construction defects?

Construction defects vary greatly in nature, scope, and consequence.  Here in the Pacific Northwest, the most serious construction defects often involve inadequate waterproofing of the “building envelope”: a roof that leaks, windows and doors installed without critical head flashings, poor installation of the weather-resistive barrier that should be applied before the siding is installed, or…

What is a property lien?

In the broadest sense, a lien is a legal right or interest that a creditor has in another’s property.  Usually, creditors use liens to secure payment of debts.  There are many different types of liens.  For example, there are judgment liens, construction liens, crop liens, and various labor liens.  There are also various regulations that…