[WSBARP] contractor dispute

Wed Apr 27 17:26:50 PDT 2016

I hate to fill up the feed here with a simple thank you, but sincerely thank you for the thoughtful responses. Certainly enlightening and helpful. 

Matthew R. Johnson| Attorney at Law

Gravis Law, PLLC

P.O. Box 182 | 350 E. Main St. 

Dayton, WA 99328

509-382-2030 (office)
Website <https://www.gravislaw.com/>  -  <https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a> LinkedIn

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Wednesday, April 27, 2016 10:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] contractor dispute

Client probably owes contractor an opportunity to cure - at least that is the safest course.  But as a practical matter you have a contractor who, for whatever reason, does not have a written contract in place, apparently is incompetent to do the work, and is mad at your clients.  The question to ask clients is, do you really want this person working on your property when s/he has little motivation?  Doesn't matter how good the inspector is, all errors and/or defects are not going to be caught.  Clients may want to think about settling for a release of all claims, including releases from workers, subs, and materials suppliers stating that they have been paid.  Be sure to check the L&I website, to see if the contractor is registered and has a bond.  Hypothetically speaking, of course.

On April 27, 2016 at 10:07 AM "Tom J. Westbrook" <tjw at w3net.net <mailto:tjw at w3net.net> > wrote:

In addition, don’t forget about requirement to mitigate damages.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com <mailto:tjw at buddbaylaw.com> 

Skype: thomas.westbrook

www.buddbaylaw.com <http://www.buddbaylaw.com> 

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ryan Sternoff
Sent: Wednesday, April 27, 2016 9:35 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] contractor dispute

As a legal matter, the contractor has a right to notice and opportunity to cure before you can (properly) have somebody else perform the work.  This may be dictated by contract and exists at common law as an implied term of contract.  If the Owner does not provide such opportunity to cure, he may be in material breach and have compromised his right to seek damages from the contractor for performing the corrective work.  I agree with Greg’s practical advice.   

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Ursich
Sent: Wednesday, April 27, 2016 9:11 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] contractor dispute

Matthew: As a practical matter, I would work out a deal where the contractor comes back to finish the work, subject to an inspection by an independent building inspector or second contractor that the work meets specs and code. You can also reserve your rights to still sue him for breach of contract for any overcharges. Construction litigation, especially when you have no written contract etc, is always going to "he said" "she said", fact intensive and expensive. Since you have no written contract,  you have no basis for attorney fees. One exception is if you sue the bond you may be able to recover some fees. -Greg Ursich, Inslee Best

Sent from my iPhone

On Apr 26, 2016, at 5:51 PM, Matthew R. Johnson <matt at gravislaw.com <mailto:matt at gravislaw.com> > wrote:

Hypo,

Contractor performs sub-standard work, grossly over charges property owner for the work, and the building inspector issues notices of correction for the work before the job can continue.

Property owner and contractor’s relationship has already gone sour over disputes about the charges. Property owner would prefer to have another contractor correct the work and go after the substandard contractor for the expense.

Does the property owner need to give the contractor the opportunity to correct the work, or at least a reasonable opportunity to do so?

Matthew R. Johnson| Attorney at Law

Gravis Law, PLLC

P.O. Box 182 | 350 E. Main St. 

Dayton, WA 99328

509-382-2030 (office)
Website <https://www.gravislaw.com/>  - LinkedIn <https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a> 

NOTICE:  This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged.  This email is solely for the personal and confidential use of the recipient(s) named above.  Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege.  Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail to matt at gravislaw.com <mailto:matt at gravislaw.com>  and immediately delete the original message.

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Scott G. Thomas
Law Office of Scott G. Thomas
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Mount Vernon, WA 98273
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