Spokane attorney Alan Green is proud to announce that on June 1, 2012, The Law Office of Alan H. Green, PLLC will be merging with local law firm McNeice Wheeler, PLLC.  Alan will be joining Ryan McNeice and Becki Wheeler as a partner in the new firm McNeice Wheeler Green, PLLC.   Alan, Ryan and Becki are excited about what this merger means for their clients.  More experience and more resources will benefit clients of both prior firms as McNeice Wheeler Green moves forward.

McNeice Wheeler Green will continue to serve existing and new clients in Washington and Idaho in the areas of business law, personal injury, consumer protection, estate planning, real estate matters, family law, criminal defense and more.  Please visit us on Facebook, and look for our new website, coming soon.  The office will continue to operate in the existing McNeice Wheeler building located at 11404 E. Sprague Ave. in Spokane Valley, and you will be able to reach all attorneys and staff at (509) 928-4141 after June 1, 2012.  Until then, you may continue to reach Alan at his office on Riverside Avenue and via his current telephone number, (509) 252-5022.

One of the biggest problems homeowners encounter when suing a contractor can be that even if they obtain a judgment, they may never collect.  That is where the contractor’s insurance and contractor’s registration bond can come into play. For more discussion about insurance and bond issues, see this previous blog post.  Here, we will focus on the different common law and statutory claims that a homeowner can make against a contractor to maximize their recovery.

Breach of Contract

The basic underlying claim behind any lawsuit against a contractor is going to be a common law breach of contract claim.  The contractor and the homeowner had a verbal or written (hopefully written!) agreement about each party’s obligations, or duties – the work and the payment for it.  If the contractor did not complete the work he was paid for under the contract, then he breached his contractual duty to the homeowner.  Once a contractual duty and a breach of that duty are established, then the homeowner will calculate their damages.  Damages are the amount of recovery they are entitled to, and equal the amount of money it will take to put them in the same condition in which they would have been if the contractor had adequately completed their work.  Damages are often determined by having another competent contractor come out and provide an estimate for finishing or fixing the incomplete and defective work.

If the homeowner can prove those elements – the existence of a contractual duty, the breach of that duty, the existence of damages, and that those damages were caused by the contractor’s breach – then they are entitled to recover the amount needed to fix the problem.  There can be some problems, though.  The homeowner will have to pay their own attorney’s fees unless there is a specific term in the construction contract that says otherwise.  And, if the contractor disappears, has no assets, or files bankruptcy it may become difficult or impossible to collect on a judgment.  That is where a good attorney can help you make other claims against the contractor that may provide other avenues of recovery.

Contractor’s Registration Statute

RCW 18.27 is the Washington statute that deals with contractors’ licenses.  It requires that contractors are registered with the state. To keep their registration they must maintain a bond.  General contractors must maintain a $12,000.00 bond, while specialty contractors only need to keep a $6,000.00 bond.  If a homeowner sues a contractor for defective work and breach of contract, then the homeowner can recover this bond money directly from the bond company, regardless of the solvency of the contractor himself.

There are a great many procedural details that must be followed closely if a homeowner is going to collect a contractor’s bond.  Specific language must be contained in the complaint, and the complaint must be filed in Superior Court.  Special steps must be taken to serve the complaint on the bond company through the Department of Labor & Industries, as well as having the complaint personally served on the contractor.  The bond company will appear through their own attorney, who must be included in the proceedings.  Eventually, if the homeowner is awarded a judgment,  special arrangements need to be made to assign part of the judgment to the bond company in exchange for payment of the bond proceeds.  This can all be very complicated, and it is important to have an experienced attorney assist you if you are going to recover all you can.

In addition to making available the bond proceeds to cover part or all of a judgment against a contractor, a claim under RCW 18.27 may also have other advantages.  One of the provisions of that law states that if a homeowner prevails on their claim, the contractor must pay for their attorney’s fees and litigation costs.  This can make a huge difference in the practical outcome of a claim.

Consumer Protection Act

Washington’s Consumer Protection Act (CPA) is codified at RCW 19.86.  The laws in this chapter set forth a framework to protect consumers from unfair and deceptive practices used by shady businesses to take advantage of people.  If a homeowner can show that a contractor’s actions met the elements of a CPA claim, that homeowner can be entitled to collect up to three times the amount of their actual damages in addition to their attorney’s fees and litigation costs.    If the right set of facts applies, an experienced attorney can make a relatively small claim that would otherwise be eaten up by fees and costs actually result in an award that will allow the homeowner to recuperate all their losses and possibly even additional punitive damages.  It is necessary to consult an attorney to see if the Consumer Protection Act applies to your situation.

There can be a lot more to a claim  for construction defects than meets the eye.  If you have a problem with a contractor in Spokane or Eastern Washington, contact The Law Office of Alan H. Green, PLLC to see what can be done.

There are multiple facets to defending a DUI, well beyond guilty or not guilty.  Before you even get to the plea or trial on the actual DUI charge, there is the Department of Licensing hearing to contend with.  Each person who has a drivers’ license in the State of Washington has given “implied consent” to take a “breath-a-lizer” test if asked by a police officer once arrested.  If you either refuse to take the breath test  or blow above the legal limit of .08 (.02 for minors), then you are automatically subject to license suspension from the DOL.  If you refuse the test, your license is suspended for not less than one year.  If you fail the test, then you are automatically subject to a 90 day suspension.

So, assuming you refused or failed, and hence were charged with a DUI, then before you even get to dealing with the actual criminal charge you have to deal with the DOL.  You must be certain to adhere to all time deadlines on your paperwork and get in your request for a DOL hearing in a timely manner.  Once your DOL hearing is scheduled, your attorney will be provided all of the evidence the Department intends to use against you at the hearing.  Depending on the adequacy of the paperwork submitted and the circumstances surrounding the administration of the breath test, your attorney may decide to call the officer as a witness.  Regardless of the circumstances, it is important to understand that only about 20% of DOL hearings are winnable – but sometimes you can prevail with the right tools, which is why it is important to have a knowledgeable attorney on your side.  Alan Green has successfully prevailed in DOL hearings and kept his client’s license from being suspended by the DOL.

Obviously you also have to deal with underlying charge of DUI.  There are hundreds of details that may impact your defense, and the outcome of your case.  It is important to contact a knowledgeable DUI attorney as soon as possible so that investigation of your case and development of your defense can begin right away.  DUI defense is not cheap, but a conviction can be several times more expensive in the long run, and have more far-reaching consequences than just money.  The Law Office of Alan H. Green, PLLC has reasonable rates, and can often offer a flat rate DUI defense package.  If you or someone you know has been charged with DUI, call today to learn more.

For an injured person to recover damages, they must be able to prove another party’s negligence.  That requires a showing of four things:

1)  The existence of a duty.  Let’s look at a slip and fall in an icy parking lot as an example.  Land owners, or property managers, have a duty to ensure that their property is reasonably safe for the people who are supposed to enter upon it.  If someone knows, or should know, that a dangerous condition such as an icy parking lot exists on their property, they have a duty to act reasonably to correct that dangerous condition or warn people about it.

2)  A breach of that duty.  Taking the example above, you would ask whether the land owner took reasonable efforts to sand, shovel or de-ice once they became aware (or should have become aware) that their parking lot or sidewalk had become dangerously slippery.  If not, then they may have breached their duty.  This element of negligence can be proven by comparing the land owner’s actions to what is reasonably accepted in the area.  If they did less than what is reasonably expected of others in similar situations, then there is a breach.

3)  The existence of damages.  In order to recover damages – the monetary measure of your injuries – you must be able to show they exist.  There are two types of damages:  ”special” damages and “general” damages.  If (again citing the above example) a person slips and falls due to a landowner’s negligence, then they may incur “special” damages that can be quantified by adding up the resulting medical bills, the loss of wages from time missed from work, the cost of prescriptions, mileage associated with doctor’s visits or other accident related travel, and so on.  ”Special” damages are all those expenses that can have a monetary amount readily assigned to them by a receipt or bill or invoice; they are objectively quantifiable.   “General” damages, on the other hand, are subjective.  These are what you often hear referred to as “pain and suffering.”  A person who suffers injury as a result of another’s negligence is entitled to recover a monetary amount to compensate them for the subjective anguish that the accident and resulting injury caused them.  If the injured party is married, then their spouse may also have a similar type of claim for the loss of enjoyment of their partner.  This is called a “loss of consortium” claim, and can be added to the injured party’s claims.

4)  The damages were actually caused by the breach of duty.  This last element kind of ties the claim together.  After you show that there was a duty, it was breached and that damages exist, you must be able to prove that the breach of said duty was the actual cause of the damages.  In some rare cases, a duty may have been breached and a person may suffer some injury, but the two cannot be necessarily connected in a cause and effect chain.  In the current example, a doctor’s testimony that the person’s injury was caused by the slip and fall, and an expert witness’s testimony that the slip and fall was caused by the land owner’s failure to de-ice a parking lot when they knew they should to prevent a dangerous condition would be evidence of that causal connection.

The above elements apply to any claim of negligence, from auto accidents to product liability to injuries resulting from negligent construction.  An early evaluation of these elements is important in analyzing the strength of a claim.  Of course, there are a whole host of other difficult issues to tackle before these issues will ever come before a jury, or lead to a settlement.  Insurance companies, adverse parties, issues regarding assets and many other tricky practical matters apply to a seemingly simple injury claim that will greatly affect the outcome.  Call the Law Office of Alan H. Green, PLLC if you have been injured in Spokane, and find out if you are entitled to recover from a negligent party.

Many people avoid these questions because they are difficult to think about.  Many people dismiss estate planning as complicated or expensive.  But if you spend just a few minutes speaking with a knowledgeable estate planning attorney, and spend a relatively small amount of money now, you will never have to worry about these questions again, and could end up saving your family many times the cost down the road.

The Law Office of Alan H. Green, PLLC will work with you to create a personalized estate planning package particular to the needs of your family.  Usually a will, maybe containing a testamentary trust for any minor children, along with a durable power of attorney and a health care power of attorney are enough to take care of most people’s needs.  These documents will ensure that your assets are passed along as you wish; that your estate can be handled without unnecessary court intervention; that your children are taken care of; and that all business, financial, and medical decisions are taken care of according to your predetermined wishes.

Many people have somehow come to believe that complicated “living trusts” are necessary to avoid taxes and pass property in the easiest way.  That is often times untrue.  ”Living trusts” do not actually avoid estate taxes in most situations.  And the current federal estate tax thresholds are far above that of normal families’ asset totals anyway.  Further, in Washington the probate laws are such that a simple will can provide for an estate to be probated simply and quickly without much, if any court intervention at all.

Call The Law Office of Alan H. Green, PLLC today to discuss putting together your personalized estate planning package today.  Reasonable flat rates apply in most situations.

Experience:  You want an attorney that has handled a lot of cases over the years.  You also want an attorney that takes each case and looks at it fresh, without just pigeon-holing it into a category and following some long-antiquated case management formula.  It is important to retain an attorney that has experience in the area you need.  Some attorneys focus on only car accident cases, or only products liability.  You don’t want someone who is so specialized they are unfamiliar with your specific issues.  An attorney with experience in all areas of personal injury can be a powerful advocate, being able to draw on a lot of past experiences with different types of matters, in addition to those just like yours, and have fresh and insightful ideas.

Knowledge:  Even more important than the number and type of cases an attorney has handled are the different roles he has played in handling them.  An attorney that has worked directly for insurance companies, or on behalf of insurance companies representing insured drivers and property owners, and against insurance companies when representing injured parties has the advantage of knowing the process from every angle.  When pursuing a personal injury claim, insurance companies can make things confusing, and even scary.  It is important that you have a knowledgeable attorney on your side to help you avoid those pitfalls.

Personal Attention:  Everyone knows the commercials.  Everyone sees the ads.  There are some big personal injury firms out there that advertise a lot, and it gets them a lot of business.  And they are good attorneys.  But they base their firms on the sheer volume of cases that they can bring in.  Sometimes these firms are not even based locally, and you end up talking to someone that may even be outside the state.  You want an attorney who’s first concern is the relationship he builds with his clients.  While no attorney can guarantee success every time,  he should be able to promise you this:  you will always know what is going on with your case, what decisions are being made and exactly why, and that he will be a zealous advocate for you and your claim at all times.  Starting on the day of your accident, a good attorney can assist you with talking directly to the insurance companies – yours and theirs.  He will help you coordinate medical treatment and manage your insurance payments. He will manage your property damages claims by coordinating with repair shops and rental car companies.  There are a lot of aspects to even a simple injury claim, and the right attorney will help you personally with each one.

Alan Green has been practicing for nearly 10 years.  Over those 10 years, Alan has work directly for or with at least a dozen of the nation’s largest insurers handling injury-related cases.  These cases have included:  workplace injuries, car accidents, slip-and-fall cases, product liability claims, malpractice issues, construction related injuries, and many others.  Because Alan has such an extensive history working with the insurance companies, he knows all the tricks, all the procedures, all the things to be careful about when dealing with them.  Perhaps more importantly, he also knows how adjusters evaluate claims, and therefore can present your claim in the way most likely to result in the best outcome.  Alan began his own practice because he wanted to use this experience to help people win their claims against insurance companies, and not fall victim to their confusing and sometimes unfair tactics.  Alan maintains a small, personal practice so that he can help each one of his clients personally, and ensure that he is dedicated and available to each one.

If you or someone you know are injured in a car accident or by some other form of negligence, don’t try to go it alone.  Call The Law Office of Alan H. Green, PLLC and let Alan help you with your claims.

Once telephone calls, emails and letters fail to get the results you need, its time to advance to the next step:  hiring a competent and knowledgeable consumer protection attorney.  A good consumer protection attorney can help you evaluate which of the many causes of action you may be able to pursue against the contractor.  Additionally, a good consumer protection attorney can help you go after the contractor’s insurance company and bond, as well as their business and/or personal assets.

Available causes of action may include: breach of contract; construction defect/negligence; Consumer Protection Act violations; Contractor’s Registration Statute violations; and possibly several other common law and/or statutory claims.  Its important to involve a consumer protection attorney that has knowledge of the details of these different claims in order to take advantage of opportunities to collect any attorneys fees you may have to spend, or even be awarded up to three times the amount of your actual damages.

It is also important to have a knowledgeable consumer protection attorney to help you navigate the sometimes confusing requirements for filing suit against the contractor’s bond, as well.  There are a number of specific steps that you must take in order to bring the contractor’s bond (either $6,000 or $12,000) into play.  Additionally, an experienced attorney can often times involve the contractor’s insurance company and negotiate a pre-suit settlement, even in some cases where there is a coverage question.

Your home is your biggest investment and your most important asset.  If it has been damaged by a contractor, it is important that you contact an experienced consumer protection attorney to make sure that your home is restored to its proper condition, and that you haven’t wasted your hard earned money.  The Law Office of Alan H. Green, PLLC is primarily a consumer protection law firm dedicated to assisting homeowners recover in cases where they have been wronged by contractors.

Insurance claims now touch almost every aspect of our lives.  Just here in Spokane alone, dozens of different insurance-related scenarios are playing out every day.   Just a few of the different claims that people often deal with are:

1)  Claims against homeowner’s insurance policies for water damage from a burst pipe, collapse of a structure, or other sudden damage;

2)  Claims against automobile policies for a hit and run accident damaging your vehicle, no fault accident with an uninsured vehicle, or other circumstances causing injuries to yourself or your property;

3)  Claims against another’s automobile policy for personal injuries and property damage from a multiple vehicle accident;

4)  Dealing with health insurance policies for medical treatment arising out of accident or illness, including subrogation or reimbursement negotiations; or

5)  Claims against valuable personal property policies in the event of loss or theft of certain important items.

These are just a few examples of the ways that insurance companies become a part of our lives.  Each one of these scenarios presents a unique set of circumstances that the insurance company may try to use to deny coverage or undervalue your claim.  Regardless of the specifics, though, there are two important phases to any claim.

First, the insurance company will conduct a “coverage analysis.”  This process involves the application of the specific language of the insurance policy to your unique set of circumstances.  Have you ever read your entire insurance policy?  Most insurance policies, whether they are auto, home, professional or some other kind of policy, contain numerous complicated and detailed clauses, riders and exceptions.  Insurance companies will often times try to use this carefully crafted policy language to deny coverage for your claims.  Involving an attorney to assist you in deciphering and interpreting policy language can often mean the difference between having coverage denied, and having your claim paid.  Many times, an experienced attorney can artfully draft demands to the insurance company that will creatively circumvent some policy exclusions.  Often the way the claim is presented is more important than the claim itself, and only a knowledgeable attorney can really draft the language you need to be successful.

If the insurance company does accept coverage for your loss, then the second phase begins:  valuation of the claim.  Insurance companies will often undervalue a claim, and an insured may not know how to go about getting an acceptable evaluation with the proper legal and factual support.  Insurance companies are corporate beasts, that feed on form documentation and red tape.  An attorney that knows how the claims evaluation process works from the inside can help you present your claim with the proper documentation so that all of the insurance company forms get the right boxes checked, and all the right things get passed up the endless chain of managers and supervisors so that they can approve paying you money.  If you do not have someone on your side that knows how the system works, your claim can get bogged down in the system, and getting paid becomes a painfully long and difficult process.

Lastly, there are a number of technical legal issues that may come to bear on your claim, or your dealings with the insurance companies.  In Washington, there are several statutes that deal with insurance companies, and put very specific restrictions, deadlines and other rules in place for how they must deal with consumers.  It is important that you understand these statutory rules, and are able to use them to apply pressure to an insurance company when they are not acting in your best interests.

If you need to deal with an insurance company for any reason, contact The Law Office of Alan H. Green, PLLC today to discuss how Alan can help you get the settlement you deserve.

Do you know what happens to your assets and property if you die without a will?  What would happen to your minor children?  Who will make decisions for you in a medical emergency?  Does anyone have legal authority to act on your behalf with banks, businesses, or other financial matters if you cannot do it yourself.  Many people think they know the answers to these questions, but are sadly mistaken.  Just because you have told a family member your wishes, it does not mean they have the authority to act on those wishes, or even the ability to make sure those wishes are followed.  It is critically important you have the properly drafted documents in place to avoid that uncertainty.

Everyone makes excuses:  they don’t want to think about such unpleasant things; they don’t feel like they have enough assets to make a difference; they think their family knows what to do.  Don’t make the same mistake.  Protect yourself and your family today.