Mark Rosencrantz's Answers

Can I sue roofers who did a amazingly crappy job on my roof even though they arent licensed?

You can sue the roofers even though they are not licensed. However, because they have no license, they probably do not have the right to sue you pursuant to RCW 18.27.080. A link to the statute is below. I hope this helps. http://apps.leg.wa.gov/RCW/default.aspx?Cite=18.27.080 Mark Rosencrantz Ball Janik LLP mrosencrantz@balljanik.com www.balljanik.com 206.892.9476 Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes...

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Can you get out of a HOA Management Contract if you find that is has been tampered with?

The management company does not have the right to unilaterally change terms in your contract. Also, it has no right to delay or refuse providing you with your own documents. Moreover, given your statement that the signatures on the contract do not match, you may not even have a valid written contract in place. If you do not, you may be able to immediately terminate the arrangement and hire someone else. You should meet with an experienced condominium lawyer to go over what documents you...

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3rd party NCC/CNC

There are a couple of issues to think about here. First, your current employer cannot force you to sign a non-compete agreement. Additionally, in Washington, unless your employer has you sign a non-complete agreement as part of being hired, the agreement is invalid and unenforceable unless you get a promotion, a pay raise, some advanced training, or something similar. Second, it sounds to me like the only part of the two businesses that overlaps is screen printing, and that you do not...

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Can parties contract around the rule that says that in breach of contract suits parties may not recover attorney fees.

Contractual provisions allowing attorneys' fees to the prevailing party in litigation involving the contract are allowed in Washington State, and are quite common. Courts routinely enforce them. Mark Rosencrantz Ball Janik LLP mrosencrantz@balljanik.com www.balljanik.com Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice...

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I am in an LLC, partner is filing bankruptcy. Best way to value the biz (open just a year) and word the buy/sell agreement?

If the other member of your LLC has filed for bankruptcy, you cannot purchase her half of the business right now. When someone files for bankruptcy, an "automatic stay" (like a timeout) immediately goes into effect, and unless the Bankruptcy Court lifts the stay, it remains in place until the bankruptcy is completed. The automatic stay prevents people from suing anyone who declares bankruptcy, prevents the seizing of their assets, and prohibits them from selling assets without Court...

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In Federal District Court, does the UCC take precedence over RCW's?

The Uniform Commercial Code ("UCC") is not, by itself, binding precedent that a Court would likely use to decide a case. However, Washington has adopted its own version of the UCC in Chapter 62A of the Revised Code of Washington ("RCW"). I'm not sure how successful it would be, but you could argue in a Washington case that the UCC as adopted in Washington applies to your circumstances. I've included a link to the UCC as adopted in the RCW. http://apps.leg.wa.gov/rcw/default.aspx?Cite=...

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How can our company get an urgent temporary restraining order ?

In Washington, corporations, LLC's and other business entities must be represented by a licensed attorney in court. Such entities cannot be represented by an officer, director or other owner who is not licensed to practice law. Moreover, there are no set forms to get a temporary restraining order in a civil case. The company's attorney will need to file a motion, supporting declarations and other related materials, serve it on the member you want restrained, and then argue a motion in front...

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Liability between LLC members to each other

Under Washington law a member or manager of a limited liability company is not liable to the LLC or other members of the LLC for actions taken on behalf of the LLC unless: (1) the action taken constitutes gross negligence, intentional misconduct, or a knowing violation of law; or (2) the LLC’s operating agreement provides otherwise. I included a link to the statute below. As a result, you really need to look at your operating agreement, and you should probably consult an attorney. Cases...

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Is a non compete inforcible if signed 14 years ago and the company has changed ownership?

As a general matter, non-compete agreements are valid following the end of employment regardless of the reason employment ended. Put another way, if you signed a non-compete agreement, your former employer can probably enforce it regardless of why you are leaving. Generally, the only way around this is if the clause specifically says it is not enforceable in certain circumstances, for example if you get laid off through no fault of your own. However, you need to make sure the agreement is...

Is there someone who just helps file courrt paper properly without neccesarily appearing in court with you

You should call the King County Bar Association Neighborhood Legal Clinic program at 206- 267-7070 Monday - Thursday between 9:00 a.m. and 12:00 p.m. As described on the website, they will: "Provide [a] FREE 30 minute consultation with an attorney at 37 locations across King County. Attorneys determine whether the client has a legal problem, suggest possible options, and provide appropriate referrals." A link to the website is below. I hope this helps. http://www.kcba.org/pbs/nlc.aspx...