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David M von Beck
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David von Beck’s Answers

67 total


  • Do I have legal recourse to the person how signed the contract to remedy the efficiency in my roof

    I installed a new roof on my house on 9/6/2000. In the contract the material is warranted for 30 years the labor for 5 years. My roof (materials) is failing. It was one contract signed by the installer who owns his company and who purchased the m...

    David’s Answer

    Your first step should be to confirm whether in fact the roof material manufacturer is out of business. This should include determining whether that business was sold or transferred to another entity that may have an ongoing obligation under the material warranty. Given the age of the roof, and the applicable statute of limitations against the installer (six years), plus the expiration of the five-year labor warranty, your only claim appears to be against the manufacturer.

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  • Who is liable for the damages, their realtor, our realtor or the seller?

    We recently bought a house. After signing the contract but before the close date, the previous owners took apart the back deck and closed in porch. We alerted our realtor to the issue 4 days prior to close who said he would take care of it. He di...

    David’s Answer

    Your realtor assured you that he would take care of it, and you relied on that in proceeding with the closing, but he breached his promise. You likely have a claim against your realtor, and perhaps the seller as well.

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  • How to remove invalid contractor's lien

    Building a new home. The contractor did a bad job pouring concrete driveway and refuses to fix. We did not pay him the balance for this reason and he placed a lien against our property. We need to deal with the lien.

    David’s Answer

    If the lien can be shown to be frivolous, we may be able to get it removed via a Show Cause hearing, but we will want to address the contractor's breach of the contract as well. The lien is only one component of your claim for shoddy work.

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  • Can I lien his property to recover my costs?

    I own a residential rental property. A contractor built a new home next door. He changed the topography of my front yard landscaping, while building a driveway for the new home. He seems to be unwilling to make it like it originally was. I will n...

    David’s Answer

    You cannot file a mechanic's lien, which can only be filed against a property by suppliers of labor or materials to that specific property. If you filed a lawsuit and obtained a judgment, that judgment would be in place as a "judgment lien" against that property, and it might then be a source of recovery if and when the property is sold.

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  • What to do about a lien for amount twice bigger than we owe to pay?

    Our general contractor put a lien on our house and we do not agree with the amount, it is much more than by our contract. Is it easy for him to foreclose on the lien? Would he have to prove that we do owe him all these money, in court, in order to...

    David’s Answer

    If your lender is expressing concern about the lien or you intend to sell your home, you can obtain a bond and "bond around" the lien, thereby freeing your property from the lien. (The contractor would then pursue the bond.) If you believe the lien is frivolous and excessive, you can also go to court and get a "show cause" hearing to dispute the lien. You cannot "take the lien off" in eight months, but if the contractor does not foreclose within that timeframe, the lien is essentially dead and does not burden the property. However, to eliminate confusion in the future, it would be best to get a release of lien at some point, whether from the contractor or in the form of an order from the court.

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  • Is there a lawyer in WA that feels the laws for Plumbing Contractors are inadequate?

    We have recently experienced how current WA State R.C.W's do not protect the consumer. Plumbing Contractors are not required to be a licensed plumber. This facilitates false and deceiving advertising practices, to use non-licensed individuals, all...

    David’s Answer

    Plumbing contractors do need to have a valid contractor's license (plumbing specialty) to operate a plumbing business in Washington. It sounds like your problem may be with the work performed by a particular employee. Ultimately, the company is responsible for an employee's defective work, and so your claims would be against the plumbing company and its contractor's bond.

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  • Do i need a real estate attorney if I have an HOA lien placed on my property?

    I fell behind on my HOAs and then received notice of a lien on my property. I am trying to negotiate with their attorney to a payment plan, but am worried I'm being railroaded into a payment plan that even if I'm late by one day they could foreclose.

    David’s Answer

    If you are negotiating anything that involves a legal obligation to pay money -- particularly if the other party is represented by counsel -- you would be wise to retain your own counsel to better understand your rights, risks, and obligations.

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  • What rights do i have as a consumer when a homeowners insurance claim is denied?

    I am experiencing water intrusion into a wall on my main floor from the roof as a result of recent storms. I have field a claim, had a restoration come twice to assess, document and provide an estimate. Belfor believes that this should be covered,...

    David’s Answer

    Wind-driven rain may well be a covered cause of loss under your policy.

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  • Trouble with a non-responsive contractor

    I had a company put on new roof and gutters a couple months ago. They subbed the gutters. When the gutters were going on, I asked the installer what shape the fascia was in after he removed the old gutters. Due to the way the old ones were hu...

    David’s Answer

    I suggest you make a written demand for them to agree to remove and replace the gutters at no charge. If that doesn't work, you may need to hire legal counsel.

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  • In Washington State, house in final period b4 foreclosure, owner receives offer to purchase house can foreclosure be halted?

    House is due to be foreclosed on May 1. I have a valid offer for purchase of the house. How can I stop the foreclosure while the purchase and funding complete?

    David’s Answer

    Your first step should be to contact the law firm or company that is handling the foreclosure. It will be out of the hands of the lender by now and so it likely won't do any good to start there.

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