Archive for the ‘Boice of Reason Blog’ Category

Washington Contractor’s Lien Rights Require Precision

There are five basic procedural steps that Washington State contractors must fully comply with in order to preserve their right to secure payments through liens.  The procedural steps required include providing (1) pre-construction notices, (2) notice to the owner, (3) a Lien Release; (4) filing a “Claim of Lien”; and (5) enforcing the lien in court.  In some instances, you may also consider sending notice to known lenders.  Each step must be executed with strict compliance to form and timing.

Lien rights provide vital security to contractors who provide services and/or materials which have been used to improve real property.  However, a contractor’s lien rights will become unenforceable in the event of the smallest error or omission.

If you are a general or specialty contractor, or you manage a construction company, and are interested in learning more about how to protect you and/or your company’s lien rights; call Boice Law Firm at (253) 944-1212 or email Brian Boice at bboice@boicelawfirm.com to schedule a consultation.  Construction Liens are the best way to secure payment for your efforts.  Do not leave these rights to chance!

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Procedural Security Deposit Pitfalls for Washington Landlords

When requiring a security deposit from a renter, a landlord must follow specific steps in order to use the deposit for necessary repairs.  Failure to follow the required steps could result in the tenant recovering their entire security deposit, or even getting twice what they paid for a security deposit!  The important steps include the proper use of a written lease, a checklist of conditions, and timely notice and return of remaining deposit funds after the tenancy has ended.

Written Lease Specifying Terms

Washington requires that a lease be written if a security deposit is charged to a tenant.  The writing must outline what the deposit secures against and under what circumstances a deposit (or part of it) may be recovered by the tenant.  Simply stating that there is a security deposit for “x” dollars may allow a scheming tenant to argue for its return and cause severe annoyance down the road for you, the landlord!  Always use a very detailed lease.

Proper Use of Checklist

The landlord must do a walk-through of the unit with the tenants and fill out a written checklist “specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy.” (See, RCW 59.18.260)  This step is very important, and is often a cause for disputes after the tenants have vacated your rental property.  While some landlords may use a checklist, it is important to use it properly.

Scrutinize everything!  It might feel uncomfortable to go through your rental and chronicle all that appears, but your failure to do so opens a potential claim that you have retained too much of the deposit.  The biggest issue when filling out the checklist is to use equivocal language like “the carpet is in acceptable condition.”  What does “acceptable” mean?  Your tenant may argue that they didn’t dump paint all over the guest bedroom carpet; it was like that when they rented it, and that was acceptable to them…  So, use specific language like “the carpet has a small stain in the guest bedroom, approximately the size of a dime.”  You could even take pictures of the rooms and present defects.  Finish off each itemization with a catchall statement such as “no other defects are present, and the item is in proper working order.”  That way, when your renter claims that the window was always cracked, and the frame never allowed for it to be opened, you will have evidence that proves otherwise.  Lastly, be certain that your tenants sign the checklist and that they are given a copy of it for their records.

Timely Submission of Itemized Charges and Any Remaining Deposit Funds

In Washington, you have 2 weeks to provide a written itemization of charges to the tenant’s security deposit, and a return of all remaining funds.  Failure to provide said statement and deposit funds will subject you to a penalty of up to twice the amount of the deposit charged and any attorney’s fees and court costs.  Do not delay in obtaining estimates for damages.  If the costs obviously exceed the amount of your tenant’s deposit, submit a statement accounting for the amount you are certain of, and reserve the right to request additional funds for other damage that is present.  Do not delay or you might be stuck with a damaged rental unit and no deposit funds to repair it.

If you have a landlord-tenant dispute, wish to have your lease updated or need guidance in filling out a checklist, Call (253) 944-1212 for an appointment or email at bboice@boicelawfirm.com.

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Drunken Bicycling – Dangerous, maybe; but Not Illegal in Washington

If you’ve ever given thought to riding to the local pub for a quick pint, you’ll be happy to know that it appears that you will not be subject to a “Bicycling Under the Influence” arrest.  The Revised Code of Washington actually states quite the opposite. (See RCW 46.61.790)   Furthermore, the Washington Court of Appeals has ruled that the DUI laws do not apply to intoxicated bicyclists (See, City of Montesano v. Daniel Wells)

Riding a bicycle while intoxicated in Washington state, while not subjecting the rider to an expensive DUI like arrest, certainly poses a substantial risk of grave injury to one’s self and to others who may be crossing the rider’s path.  In fact, one drunken woman, who might be married to a hapless lawyer who blogs about bike laws, has even run over a skunk.  The skunk appeared to be startled, but uninjured, and the woman’s bike definitely stunk!   Had the skunk been a person, I am confident that criminal liability could be established against the rider for all manners of reckless endangerment in the event of a drunken bicycle accident.  Therefore, while an intoxicated bicyclist is not offending the law by virtue of his or her status as an intoxicated bicyclist, the results could still cause injury or even extreme smelliness.

Thus, while it is legal to bicycle while intoxicated (presuming the rider is 21+ years old), there are other hidden criminal dangers, injuries, and skunks that make such a ride a bad idea.

***Brian Boice is not a criminal attorney, but he does like to ride his bike hither and thither, and he also offers affordable civil representation in several areas including premises liability, landlord-tenant disputes, and employment disputes.***

bboice@boicelawfirm.com

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Cycling in Seattle? Know The RULES!

Seattle

Seattle’s cycling laws begin with a vague requirement that road-riders ride as near to the right side of the right through lane as is “safe.”  Keep in mind that you should not ride on the right side of a turn lane unless you are turning.  So, if there is a right-turn only lane, you should ride to the left of that lane on a two-lane road.  On one-way roads, the rider may ride to the left of the lane.  Riding on the sidewalk IS LEGAL, but must be done in a manner that is careful and prudent as the conditions and pedestrian traffic provide.

Bicycles ridden at night must have a white-light headlamp in front, and at minimum a red reflector on the back of the bicycle.  Also, no passengers may ride legally on a bike unless there is a seat for them too!  No peg riding (legally.)

Riders must follow the same traffic laws as motorists (so don’t cali-stop the stop sign or you could be cited!)

Motorists are forbidden from opening their door on the street side unless it can safely be done without interfering with traffic.  Bikes on the road are included in the term “traffic,” so while your broken collarbone might not heal any faster, you can rest easy knowing that the motorist was likely at fault for nearly killing you when he or she flung the car door open.

Read all Seattle Bicycle Laws here: http://www.seattle.gov/transportation/bikecode.htm

This blog is not to be construed as legal advice, and is for informational purposes only.  Contact Boice Law Firm at (253) 944-1212 or bboice@boicelawfirm.com if you have a bicycle injury claim, or feel that you were wrongfully cited while riding a bike!

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