Douglas Scott Reiser's Answers

Non compete laws for Washington state- regarding independent contractors.

Non-compete agreements are not favorable in the State of Washington, but they are enforceable. The crux of the question is whether or not the restraint is reasonable and their is consideration given - meaning a benefit to the restrained. Generally speaking, non-compete agreements are also enforceable against independent contractors, though once again, they meet the same, if not more stringent scrutiny. Washington courts will enforce a “reasonable” noncompete. Courts will look to a three...

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Can a business in Washington State cash a check that says "Paid in Full" and still collect the rest?

The top two answers are correct, but they assume that you have a written agreement for the underlying obligation that lays out the compensation. If you simply performed under an oral agreement, and the value of consideration (what you are paid) is up in the air, this gets a bit murky. I would always advise clients to be extremely cautious in accepting such a payment. The accord part of accord and satisfaction can arguably be determined tacitly (silently) by the recipient of the check...

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Mechanics lien on condo complex in Washington state

This is a great question. Certainly, a laborer is entitled to file a lien against a piece of property for payment of its wages incurred in improving the property. Laborers are also exempt from providing notice of your right to file a lien (see RCW 60.04.031). The claim of lien has to be filed within 90 days from the completion of labor. A single claim can aggregate a number of Grantees (people having a claim against a property). So, it would be helpful to organize the workers if they all...

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What options are there to deal with a subcontractor who has not honored the contract?

Simply put if the contractor agreed in writing to a specific start and/or completion date, and failed to comply with the obligation, then it is in breach of contract. At this juncture, you are probably justified in terminating the contractor if you have provided notice of the breach and no effort has been made to cure the defect. You need to be aware of the risks that the contractor might file a lien against the home for the alleged value of services that it believes are unpaid. The...

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Can I file a Construction Lien if all I have is a verbal agreement to do the work but have not been paid for that work?

The short answer is yes, as long as you are timely. Katie is right that a RCW 18.27.114 Notice to Customer is required for commercial work between 1K and 60K, if you were hired directly by the owner. There is virtually no way around providing this notice. If the notice was given, you have 90 days from the final date that you performed work or delivered materials in order to file your lien. Best of luck to you!

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I was hired to repair a metal tiled art piece. I was directed to replace failing glue, but it did not last. They won't pay.

Well, it appears that you have an oral contract to perform work for payment. Since you do not have a written contract, it is more difficult to determine the scope of your work. But, it appears that based upon the facts, as stated, that you contracted to perform a particular service - adhering the tiling. If you did that work, then you are due payment. Oral contracts are enforceable, but you are probably dealing with a small amount in dispute. You are welcome to access the small claims court (...

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How many times does a contractor have a right to correction? More than two?

Unfortunately, there is no golden rule on attempts to remediate. You should first look to your contract and determine what, if any, contractual obligations you have to the contractor. You may be obligated to allow that contractor an opportunity to correct errors. That being said, there is no statutory authority which requires you to give them endless chances. RCW 64.50 mandates how you can handle a construction defect claim. So, if you intend to bring a claim for compensation against the...

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Is a non comp enforcable after being employed for 6 years?

Hi Steve - Non-competition agreements are only enforceable to the extent that you are provided with consideration. Consideration may be in the form of actual employment, training, pay raises, bonuses, etc. Continued employment is generally not considered adequate, nor would agreeing to provide the same compensation that you previously enjoyed. The courts are reluctant to enforce a non-compete when the employee does not get anything out of it. But you have to remember that absent an...

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Setting up a non-profit foundation

The first "governmental" step (there are many first steps) when starting a 501c3 non-profit organization is to incorporate. Like a profitable corporation, your organization will possess all of the same rights and protections. In order to become incorporated, you need to file Articles of Incorporation with the state your organization wants to do business. This is a simple form and does not vary from state to state. The form needs to be mailed in with the appropriate payment amount. You can...

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What steps do I need to take to collect a mutually agreed compensation on a house?

Michelle is probably correct that your real estate contract (if a Realtor standard form) likely contains a provision entitling you to attorneys' fees if you are forced to go to court to obtain a judgment against the seller. If you have obtained any written statement accepting responsibility for the defect in the sale, please ensure that you maintain records of all correspondence with the seller. It will be vital to moving a lawsuit along quickly. You will want to consult with an attorney...

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