I have never seen a Condo Declaration that required a project manager for any maintenance or repair. But if I were to look, I would look at the maintenance provisions, the authority of the board provisions and the damage and destruction provision. The damage and destruction provision often provides the OPTION of hiring architects and…
Category Archives: Contracts
What Happens When a Company Dissolves?
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70322-6-1 (Division One, August 14, 2014), a general contractor built a single-family residence, which the Zackses purchased 4 years…
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1) “Companies” are not licensed…
Who Should Association “Employees” Work For?
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by the association: If the association changes management companies, the staff stays with the association rather…
Contracts Should Reflect the Agreement of the Parties
This week I was asked to review a $100,000 or so construction contract between a condo association and a contractor. There were many missing documents and specifications as to what work would be done, and lots of work that would be needed was specifically excluded. I responded to both parties that my objective was to…
Avoiding Problems with Contractors
In our many years representing community associations, we have seen a rash of disputes between associations and contractors. The problems fall in to a pattern, and always involve a lack of common understanding about what the association thought they were buying, and what the contractor thought they were to supply. Our recommendations for any contract…
Category Archives: Contracts
When a Project Manager is Needed
I have never seen a Condo Declaration that required a project manager for any maintenance or repair. But if I were to look, I would look at the maintenance provisions, the authority of the board provisions and the damage and destruction provision. The damage and destruction provision often provides the OPTION of hiring architects and…
What Happens When a Company Dissolves?
Sometimes, the complexities of business entities (such as nonprofit or for-profit corporations) can create thorny legal problems when one of the entities dissolves. In one recent unpublished opinion, Zacks v. Arden Drywall & Texture, Inc., No. 70322-6-1 (Division One, August 14, 2014), a general contractor built a single-family residence, which the Zackses purchased 4 years…
Allocating Risk When Hiring Professionals
We frequently review contracts between associations and licensed professionals, like Architects and Engineers. One common provision that many of these professionals are inserting to their contracts is to limit any liability they have for performing their services. We have several comments that we believe our clients should be aware of. 1) “Companies” are not licensed…
Who Should Association “Employees” Work For?
Associations often have on-site or resident staff working on the property. Should the staff be an employee of the association, or an employee of the association’s management company? Reasons why it could be beneficial for staff to be employed by the association: If the association changes management companies, the staff stays with the association rather…
Contracts Should Reflect the Agreement of the Parties
This week I was asked to review a $100,000 or so construction contract between a condo association and a contractor. There were many missing documents and specifications as to what work would be done, and lots of work that would be needed was specifically excluded. I responded to both parties that my objective was to…
Avoiding Problems with Contractors
In our many years representing community associations, we have seen a rash of disputes between associations and contractors. The problems fall in to a pattern, and always involve a lack of common understanding about what the association thought they were buying, and what the contractor thought they were to supply. Our recommendations for any contract…
