Tymon Berger's Answers

Contractor who presents a bill substantially larger than the orally presented estimate.

The short answer is, yes, paying the $2k claim gives you the right to a release of the contractor's lien claim (RCW 60.04.071). But it is important to keep in mind that Washington's lien statutes (RCW ch. 60.04) only secure the lien claim; the statutory scheme exists separate and apart from the contractor ultimately proving the validity of the underlying breach of contract claim. Your question suggests you don't agree with the billing, but are considering paying the lien amount to avoid any...

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How do you serve a lawsuit on defendants?

To build on Ms. Levine's overview, in Washington, the jurisdictional limit for small claims is $5,000. If your claim fits within this limit, you can serve notice via registered mail. The relevant statutes for getting a small claims action underway are found in RCW ch. 12.40 (http://apps.leg.wa.gov/RCW/default.aspx?Cite=12.40). Small claims courts operate as a subset of district courts, so review RCW sec. 3.66.040 (http://apps.leg.wa.gov/RCW/default.aspx?cite=3.66.040) to decide which small...

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Am I responsible for paying additional fees outside of a signed contract?

While I am not licensed to practice law in NC, a basic tenet of contract law in any state voids additional payment for work that a party was already obligated to perform. This is what's known as the "pre-existing duty" rule and typically safeguards against a party agreeing under duress to a new price for the same work. Here, the roofing contractor was already obligated to perform the re-roofing at an agreed fixed-price; the contractor therefore cannot seek additional payment for the exact same...

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Checking the validity of a mechanics lien on a owner occupied, remodel project by a sub contractor.

Lien laws traditionally create double-payment liability for parties that have no contractual relationship with (not to mention control over) the lien claimant. Unfortunately, in this economy, double-payment liability is becoming an all too common experience for both owners and contractors. Fortunately for you, however, you fall into a narrow class of people that Washington's lien statute purposely protects from this kind of liability. As a homeowner repairing an existing owner-occupied...

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Can a minor in the state of WA purchase a vehicle from a dealership with cash? or is that considered a legal contract as well?

Generally, a minor only has the capacity to enter into voidable contracts; in other words, the minor can enter into the contract (whether written or oral, express or implied), but the minor can later void the contract and return whatever remains of the benefit the minor received. For example, a sixteen year old can buy a Lamborghini, wrap it around a lamp post after driving it off the lot, then heap the mangled wreckage onto the dealership's lot for a full refund of his money. The exception to...

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I still owe $2100 on a car can the dealership take it back if I payed $9000 for it already?

The dealership can take the car back if you defaulted on the payment terms. Presuming, however, that you purchased the car for your personal or family use (i.e., not purchased for business use), because you've already paid more than 60% of the cash price of the car, the dealership must re-sell the car within 90 days. The dealership must re-sell the car in a commercially reasonable manner. And proceeds from the resale must first be applied to reasonable expenses (including legal fees) in...

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How do we get a lien removed from property --- No signed agreement and the fees were 3x the verbal

The fact that there was no written agreement regarding the work will have little impact on the lien claim. Lien claims can be based on express contracts (either written or oral), implied contracts, and even contracts implied in law (that is, where property is unjustly enriched by another’s uncompensated labor). Nevertheless, there are a two angles you can take here. First, the person arguably did not "improve" the property as defined by Washington's lien statute, and therefore, the person...

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Construction and property leins

Sounds like it's time to find a new contractor. To cover your basis, though, you might provide written notice to the contractor that the contractor is in default of your agreement and must cure the default by a reasonable date. (Not knowing the details of the contract, you will have to decide why the contractor is in default, what would cure that default, and when that cure will be due.) If you get no response by the required date, you have a basis to look for a new contractor to complete...

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Can I file a construction lien for pressure washing?

If the scope of your work was simply pressure washing, then I do not think you've met the "improvement" requirement of Washington's lien statute, and therefore, should not file a construction lien. To put things in the context of cleaning, a Washington appellate court held that where a trucking company removed contaminated soil from a gas station--despite the seemingly improving nature of removing contaminated soil from the property--the company's work was not an improvement under Washington's...

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I signed a non compete with an electrical contracter. He then eliminated most of my benefits, is it enforceable?

It really depends on the terms of the agreement, and the best advice is that if you're serious about wanting to understand your potential liability, have an attorney review the agreement. That said, the following are some things to keep in mind. First, because non-competes restrict competition and, particularly in your case, prevent you from pursuing a livelihood, courts disfavor non-competes and strictly construe them. Along these lines, the non-compete will not be enforced if it is...

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