Matthew Ryan King's Answers

Deferred sentencing Washington State

On the judgment and sentence the Court either entered a "deferred" or a "suspended" sentence. If the deferred sentence is marked, then the matter should be dismissed at the end of the jurisdictional period (assuming all conditions of the deferred sentence are successfully completed). If the suspended sentence is marked, the the matter will remain on her record unless expunged at a later date. Note also that a deferred sentence will only be dismissed for purposes of the Court's information;...

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Contractor wanting advance payment

There are several ways to protect yourself, although they may be more trouble than they are worth. One of the easiest (and free) methods is to go onto the L&I website and look up the contractor. The report will confirm the contractor's insurance and bond and also list any lawsuits filed against the contract along with the amount sought in the lawsuit. In addition, Washington law would allow you to request a retainage (which would mean you keep a percentage of the total price until the work...

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Do i need a real estate attorney?

You likely have a claim for breach of contract. Most importantly is what was disclosed to you on the Form 17 cehck box form. If the seller represented that the house was serviced by gas, then you might have a claim. Your claim against the home inspector is likely waived by the contract you had with him or her. Regardlss, you should immediately contact your real estate agent and see if you can reach a settlement with the seller. Good luck.

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What is the timeline that an architect maay filea construction lien on a constrution project?

Assuming you are a homeowner, the architec must place the lien within 90 days of the last day services were provided. In addition, the architect has 8 months from the date of filing the lien in order to file a lawsuit seeking to foreclose on the lien. Good luck.

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Can I decline a subcontract letter of intent?

Yes, you can send a letter declining the work. However, if this is a public works project, you may not want to decline. These provisions are common in the public works context and, essential, protect the general from a change order by the government that eliminates or reduces the scope of work following the bid process. Feel free to give me a call to discuss in more detail if you have any questions.

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Wa state condo laws

If your condominium declaration defines common areas, limited common areas and units, you should be able to figure it out. Generally pipes that serve more than one unit are common elements, while pipes that serve only one unit are general either assigned to the unit or are considered "limited common elements." If the pipe is deemed a limited common element, the Association is responsible for the repair, but can assess you the cost to repair since the pipe only served your unit. If it is a...

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Procedures for getting an easement set up and recorded in WA state

You should get a standard form easement (either from an attorney or from a form bank). The document has to be signed by the grantor of the easement before a notary. Then the document should be recorded with the county clerk, assessor, or recorder's office (depending on which county you are in). Once it is recorded, the easement is effective against future parties.

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Litigation procedures in WA state, can the respondent file a counter suit

You cannot counter sue for false accusations. However, you may have a claim for abuse of process, but these claims can be hard to prove. Your best bet is to appear and defend against the AHO. Any future petitions by the petitioner could be quickly dismissed based on the prior dismissal.

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SLAPP back

I have addressed SLAPP situations several times during my career. Depending on your situation, I might be able to assist you. Please feel free to contact my offices to schedule a time to discuss the matter with me.

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What kind of attorney would be able to write a waiver/release of general negligence?

A standard disclaimer will release you from liability for some risks. It is not possible to have a release for intentional acts. But5 a well written waiver can protect against many identified risks. A typical example is the baseball stadium waiver which ensures that a patron cannot make a claim if they are hit by a stray foul ball. A business attorney with a background in premises liability should be able to draft a release fairly quickly, depending on your needs. The more foreign the risk,...