Devon's Blog

Services for Real Estate Pros - Heffernan Law Firm
News, tips, and tricks from the attorney's point of view.
For many years, Washington attorneys on all sides of the insurance debate have disagreed over the extent to which CGL policies covering “property damage” provide coverage to non-damaged work requiring tear-out and replacement as a result of underlying damaged work.  Today, in its decision in Mut...
Where a contractor liens a condominium project, the entire project does not need to be held hostage until the claim is negotiated.  Instead, developers should take advantage of an important provision in Washington’s Condominium Act requiring a lien release as to individual condominium units upon...
  Regardless of the method or date of dissolution and cancellation of an LLC, individual members remain personally liable for actions that constitute grounds to pierce the corporate veil.  In other words, termination of the LLC generally does not affect – either positively or negatively – the per...
A member-dissolved LLC is different, as the court in Emily Laneobserved. There, the the members dissolved the LLC, wound it up, and ten days after dissolution the members cancelled the LLC. It was not until eight months after the dissolution that the HOA filed suit. The court of appeals held that...
In Washington, where an LLC is administratively dissolved by the Secretary of State, the LLC is provided with a period of two years in which it may apply to be reinstated. RCW 25.15.290. If no application for reinstatement is filed within those two years, the Secretary of State “shall” cancel the...
In 2007, Division 1 of the Washington Court of Appeals decided three cases that may have significant ramifications regarding the continuing liability of single-project LLCs. These cases are: (1) Chadwick Farms Owners Ass’n v. FHC, LLC, 139 Wn. App. 300, 160 P.3d 1061 (2007); (2) Maple Court Seatt...
In October 2006, the trial court issued its order in Mid-Continent Casualty Co. v. Williamsburg Condominium Association (unpublished opinion), holding that defective construction is not an “occurrence” triggering coverage under a CGL policy.  Recently, the Ninth Circuit Court of Appeals overturn...
On July 7, 2008, the Court of Appeals, Division 1, held that an insured responsible for payment of a self-insured retention (“SIR”) under two policies need only pay the SIR amount once to satisfy the requirement for both policies. This was the holding in Bordeaux, Inc. v. American Safety Insuran...
    KOMO News published yesterday a startling story about the homebuyers who did everything right in purchasing their home; only to end up living in a toxic, flooded, waste-ridden moneypit that drove them into bankruptcy.     The 1940s farmhouse in Edmonds seemed quiet, picturesque, and the perfe...
    Many Washington State builders, particularly in the single-family home market, are failing to take advantage of recent changes to Washington law regarding construction defect claims.  Specifically, these builders are failing to include in their purchase and sale agreements a notice to homebuy...

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