Real Estate and Construction Law Blog
Originally published to the Seattle Daily Journal of Commerce on August 11, 2026
Ending a construction contract can trigger significant legal and practical consequences for owners and contractors. This article examines the risks that can arise when project participants decide to terminate or separate, including the differences between mutual separation, termination for cause, and termination…
Washington’s common interest community framework is undergoing its most significant shift in decades. Recent legislative changes to Washington’s Uniform Common Interest Ownership Act (WUCIOA) will unify all associations under a single statute by 2028, fundamentally reshaping governance and compliance obligations. For developers, the expansion of the express insured warranty option offers a new pathway to…
Washington’s self-storage industry is facing a major tax change. Effective April 1, 2026, income from self-service storage rentals will be subject to Washington’s business and occupation (B&O) tax under recently enacted legislation—marking a significant shift from the industry’s long-standing tax treatment in the state.
The change imposes new compliance and reporting requirements on storage facility…
One consequence of Oregon’s policy of strictly limiting who may claim a construction lien is that a claimant may not assign a lien before it is perfected. Until a lien is perfected by public recording, it is considered a personal privilege. Any assignment before perfection will result in loss of the construction lien claim, because…
Because construction liens can affect other interests in real property, both public notice and actual notice to certain parties with recorded interests are essential to a fair lien system. In Oregon, timely recording a claim of lien with the county recorder provides the required public notice and is a prerequisite to a valid lien. Oregon’s…
In Oregon, the construction lien was created by the legislature and codified in statute. As such, construction lien rights were not recognized at common law or in equity. As statutes in derogation of the common law, Oregon’s rules of statutory construction dictate that lien statutes must be strictly construed. For example, Oregon courts will not extend lien…
Under Oregon law, construction lien claimants have a “direct” lien. Although the lien arises through the statutory agency of the contractor, for lien claimants other than the contractor, it is independent of the contractor and secures payment to the claimant regardless of whether the owner paid the contractor or whether the contractor waived or released…
Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in the United States began enacting statutes giving builders lien rights to secure payment for their…
Effective January 1, 2026, Washington’s newly enacted RCW 61.40.010 (the “Solicited Real Property Act”) introduces a suite of statutory protections for property owners in transactions initiated through direct solicitation. While many prospective purchasers will be impacted, this provision will have meaningful implications for real estate purchasers who rely on off‑market acquisition strategies. On its face…
