For many people, the process of buying and selling commercial real estate represents a confusing, intimidating business challenge. From avoiding restrictive provisions in a buy-sell agreement to uncovering zoning and land use issues, these transactions demand a...
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FAQs About Construction Litigation in Washington
Disputes can arise over any number of issues during the many phases of a construction project. Bid protests, bond claims, payment disputes, lien claims, design defects, to name a few, can lead to disputes, and in some cases, when the parties cannot resolve their...
Construction Contract Notice of Protest Provisions: What to Expect From Washington Courts
It is standard practice to include a notice of protest provision in a public works construction project. Typically the language of the provision will come from the Washington State Department of Transportation’s Standard Specifications for Road, Bridge, and Municipal...
Understanding the Miller Act’s Bonding Requirements
The Miller Act was designed to protect businesses working on construction projects for the federal government. First enacted in 1935, the Act provides that before the U.S. government awards a contract exceeding $150,000, the prime contractor must furnish a payment...
Who Owns the Plans: Copyright Protection for Architectural Designs
The intellectual property of architects is entitled to copyright protection under the Architectural Works Copyright Protection Plan (AWCPA), enacted by Congress in 1990. The crux of the law is two-fold. First, although architects cannot copyright an idea, an original,...
Recent Change in Washington Bid Protest Law Benefits Contractors
A recent change to Washington’s bid protest law gives contractors additional time to determine if their bid was improperly rejected by guaranteeing them an opportunity to review competing bids as long as a timely request is made. Effective July 28, 2019, contractors...
New REET Rate Structure Begins January 2020
In May of 2019, Governor Jay Inslee signed Senate Bill 5998, which will result in a graduated tiered scale for real estate excise taxes (“REET”) that will replace the previous flat state REET tax of 1.28%. The following tiered structure takes effect on January 1,...
Real Estate Transactions in the Cannabis Industry
For Washington and Oregon As long as the transaction doesn’t involve bank financing, law firms with real estate experience and licensed Limited Practice Officers (LPO) can close real estate transactions. Approximately one year ago... The title companies around the...
1031 Exchange: Is It Right For Me?
With the housing market booming and the economy picking up speed, we are seeing a resurgence in 1031 exchanges. A 1031 exchange allows you (the “exchangor”) to defer paying taxes on investment property when it is sold, so long as those proceeds are reinvested into...