Brett Thomas Sullivan's Answers

What rights do contractors have against defending a fraudulent case against our bond

First of all, in construction cases your contract with the customer will be the guiding document in this matter. However, your question and posting sounds more like a question about the overall process, and you sound clearly frustrated. A few thoughts could be helpful in understanding the process: 1. You are frustrated about the plaintiffs attempting to find additional information. This is a normal part of discovery and, absent abusive discovery requests, you will need to comply. 2. You...

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Should I sign this lease?

This is a common provision in commercial leases. Basically, the landlord has or anticipates having an encumbrance on the property (typically, a deed of trust or mortgage which secures a loan to the landlord) and the agreement between the landlord and the lender requires that such deed of trust or mortgage be "superior" to all other liens or agreements that the landlord enters into such as a lease of the premises. Having a superior or priority lien means that if the lender had to foreclose, then...

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Who can file a construction lien in Washington?

Title 60 of the Revised Code of Washington deals with liens, including who has the right to file/record them and the procedure to foreclose on certain types of liens. Section 60.04.021 provides that any person who furnishes labor, professional services, materials, or equipment for the improvement of real property can record a lien upon the improvement for the contract price of labor, professional services, materials, or equipment, provided that they were furnished at the request of the owner,...

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Im a used car dealer who is out of trust with a finace co, to the tune of 350k and i guaranteed it.

I am not sure of what your question is; however, the lender may have enforceable claims against you from the personal guarantee. The guarantee would need to be reviewed in order to determine its enforceability, as well as if any potential defenses exist. Presuming that it is optional, and if the lender will not agree or perform under a workout or settlement agreement, then a bankruptcy filing is an option. Filing bankruptcy requires a separate and careful analysis.

We signed a lease agreement w/ purchase option

I agree with the other answering attorneys. It appears that given the information you have shared, you have an argument to enforce the terms of the lease (including requiring occupancy) and potentially damages as well. It seems that the landlord is referencing a 30 day "grace period" (which would be a very odd provision to have in the lease if it allowed the landlord to substantially renegotiate or cancel the lease); this would need to be reviewed. The other attorneys are correct in that you...