Seth Edward Millstein’s Answers

Seth Edward Millstein

Seattle Construction / Development Lawyer.

Contributor Level 7
  1. Can we cancel contract with a contractor without legal problems?

    Answered almost 3 years ago.

    1. Seth Edward Millstein
    2. Thuong-Tri Nguyen
    3. Robert Daniel Kelly
    3 lawyer answers

    Yes you can. The only exception would be if the contractor can show that he did not take on other work, as a result of this contract, and this contractor could therefore make a claim for lost profit on the job. These claims are rare and difficult to prove (for the contractor). The contractor would have to demonstrate that it could have obtained other jobs (not speculative, but actual).

    Selected as best answer

  2. Are Illegible contracts enforceable?

    Answered about 1 year ago.

    1. Seth Edward Millstein
    2. Giacomo Jacques Behar
    2 lawyer answers

    The problem with the question (with all due respect) is it depends how illegible it is. If it's entirely illegible, how would the collection company know what to copy (i.e. what the terms of it are)? If it's partially illegible, and they are not changing anything (i.e. the terms) but just transcribing it to show the court or someone else what it says -- then it depends: if you don't disagree with how they transcribed it, there's no harm, that's the contract you signed. If they change it, then...

    Selected as best answer

  3. We want to apply a lien on a business that failed to complete a signed contract. We have been working on this for 2 years.

    Answered 10 months ago.

    1. Seth Edward Millstein
    2. Lucas Seth Michels
    3. Timothy George Kerrigan
    3 lawyer answers

    You're thinking of this upside down, much like it sounds like the construction project was at the end of the day. "Construction liens" are for contractors who performed work benefitting the property who are now owed money. You don't sound like a contractor, and you certainly did not not performed work, and certainly are not trying to "lien" yourself. You need to file suit, and make a claim on the contractor's bond (part of the lawsuit). Otherwise, you have no leverage from a "legal" standpoint,...

    1 lawyer agreed with this answer

  4. Consulting contract restrictions

    Answered almost 3 years ago.

    1. Seth Edward Millstein
    2. William Lawrence Bowen
    3. Meghan Hayes Slack
    3 lawyer answers

    There is a great case right on point, which stands for the proposition that the breaching party cannot stand on the contract and seek to enforce it. The case is called Parsons Supply, Inc. v. Smith, 22 Wn.App. 520, 523 (1979). The facts are different, but the premise is the same. When is the last time you have notified your "employer" that you have not been paid. This will be a factor if the case is litigated. Good luck.

    1 person marked this answer as helpful

  5. Won a small clam case against my old employer in the state of WA by default but need to still collect.

    Answered 7 months ago.

    1. Seth Edward Millstein
    2. Alan James Brinkmeier
    2 lawyer answers

    You need to wait 30 days, then enter the it as a judgment in Superior Court, get a judgment number, then you can proceed with garnishment, attachment, etc.

  6. What is the Statute of Limitation for credit card debt in Washington state?

    Answered about 1 year ago.

    1. Seth Edward Millstein
    2. Philip Anthony Fabiano
    2 lawyer answers

    The date it was "sold" is likely not important, as the contract you signed with the underlying provider of the card probably allows for sale, assignments, etc. The date that matters is when the debt came due. If it's 8/14/09, then it is six years, since it's a written contract (see RCW 4.16.060). More importantly, check the contract (with the original provider). It may very well specify that venue and jurisdiction is not in Washington. If that's the case, check the statutes there, in the...

  7. Where should I file my lawsuit?

    Answered about 2 years ago.

    1. Seth Edward Millstein
    2. James M. Osak
    2 lawyer answers

    I agree with the answer already posted (i.e. filing suit where the defendant is located or where the "action" occurred. However, if you are able to serve your "friend" (past tense I'm sure), you can sue him in Washington. You will have to establish to the court, if your "friend" does not file an Answer, that venue and jurisdiction is proper here. This can be demonstrated if you can prove that your "friend" availed himself of Washington law by, i.e., reaching out to you here, or having other...

  8. I signed a commercial contract only on the last page along with a witness.All other pages r not initialed.is the contract valid

    Answered almost 3 years ago.

    1. Shawn B Alexander
    2. Joseph Daniel Bariault
    3. David A. Kulisch
    4. Seth Edward Millstein
    4 lawyer answers

    It sounds like you are on solid ground here. At the very least you have a fraud claim (fraud in the inducement). It would obviously be a lot easier to "fight" if you knew exactly what the changes were (i.e. do you have a journal with notes), but you will have to prove that you are not making up the additional terms either; the burden will be on you in this regard.

  9. Want to sue contractor for bond, (WA) I'm terrified to go it alone. What's the worst can happen if I fail?

    Answered almost 3 years ago.

    1. Shawn B Alexander
    2. Douglas Scott Reiser
    3. Seth Edward Millstein
    3 lawyer answers

    This response is only to the construction portion. I think the first question is this: do you have a direct contract with the contractor? It sounds like the insurance company does. This will make it interesting regarding collection of attorney fees. Regardless, you need to file suit to make a claim on the bond. Service is through Labor & Industries. The process is fairly simple, but it will be helpful if you can get an accurate assessment of damages (a remedial repair bid). That way you can...