News & Insights
Chmelik Sitkin & Davis P.S. Welcomes Attorney Sara Frase
Ms. Frase is a recent graduate of the University of Washington School of Law where she was the Associate Editor in Chief of the Washington Journal of Environmental Law and Policy. Ms. Frase received her undergraduate degree from Gonzaga University where she graduated with the cum laude distinction. During law [...]
Comings and Goings
~Retirement It is with excitement, gratitude, and blended feelings that we announce the retirement of one of our most tenured and devoted employees. Jenny Brumfield has been a Legal Assistant and now Paralegal for over twenty years with our firm. Jenny has decided that the time to retire has arrived. [...]
CHMELIK SITKIN & DAVIS HAS RE-OPENED
We are open for operations, subject to Phase 2 of Washington’s COVID-19 Safe Start Plan safety procedures. Here is a summary of our Phase 2 plan: Our front door shall remain locked, but we are available to meet with you in our office if you schedule a meeting in advance. [...]
Continuing Operations During Covid-19
Chmelik Sitkin & Davis is committed to providing our clients with the highest levels of service. We care deeply about community, our clients and our staff. The COVID-19 pandemic has impacted not only our own team and clients, but also the global community at large. We recognize that our [...]
HGTV Magazine Features Handiwork of CSD Paralegal Jenny Brumfield
We’re thrilled to see the handiwork of long time CSD paralegal, Jenny Brumfield, land on the cover of the July/August issue of HGTV magazine. Jenny said she was surprised to see it there as the magazine had originally reached out to her in the spring but then indicated they [...]
BREAKING NEWS: SBA MODIFYING PPP RULES
On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away: The bottom line is that SBA will be issuing rules and guidance, a [...]
CHMELIK SITKIN & DAVIS HAS RE-OPENED
We are open for operations, subject to Phase 2 of Washington’s COVID-19 Safe Start Plan safety procedures. Here is a summary of our Phase 2 plan: Our front door shall remain locked, but we are available to meet with you in our office if you schedule a meeting in advance. [...]
Paycheck Protection Program (PPP) Audits
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), under which certain businesses could apply for loans, a portion of which is eligible for forgiveness through the Small Business Administration. As part of the application for the PPP funds, the borrower makes a [...]
BREAKING NEWS: REOPENING RESOURCE FOR BUSINESSES
The Association of Washington Business (AWB) in partnership with the State of Washington has established a AWB Rebound and Recovery website (https://www.reboundandrecovery.org/) to help Washington businesses reopen smoothly. The website has two main lines of effort: Reopening Tool Kit: AWB has developed customizable materials to support a business’ reopening by [...]
BREAKING NEWS: PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS APPLICATION IS OUT
On Friday, May 15, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application. The link to the form/instructions is provided below. Background: The PPP was created by the CARES Act to provide forgivable loans to eligible [...]
Managing Employees Return to Work After COVID-19 Pandemic – Food for Thought
The U.S. Equal Employment Opportunity Commission (EEOC) has released additional guidance for employers on what they can do when employees begin returning to work to balance a safe work environment with employment laws. The publication can be found at: https://www.eeoc.gov/newsroom/eeoc-updates-covid-19-technical-assistance-publication The publication, entitled “What You Should Know About COVID-19 and [...]
My Commercial Tenant has Filed for Bankruptcy. Now What?
As we are all now too aware, circumstances, whether health or financial, can change rapidly. In addition to impacting our personal lives, global events can impact drastically what was an otherwise productive business relationship. One example of the turmoil that can result from such an upheaval for a commercial landlord [...]
Updates to the Industrial Stormwater General Permit
When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind. That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]
BREAKING NEWS: SBA MODIFYING PPP RULES
On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away: The bottom line is that SBA will be issuing rules and guidance, a [...]
Paycheck Protection Program (PPP) Audits
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), under which certain businesses could apply for loans, a portion of which is eligible for forgiveness through the Small Business Administration. As part of the application for the PPP funds, the borrower makes a [...]
BREAKING NEWS: REOPENING RESOURCE FOR BUSINESSES
The Association of Washington Business (AWB) in partnership with the State of Washington has established a AWB Rebound and Recovery website (https://www.reboundandrecovery.org/) to help Washington businesses reopen smoothly. The website has two main lines of effort: Reopening Tool Kit: AWB has developed customizable materials to support a business’ reopening by [...]
BREAKING NEWS: PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS APPLICATION IS OUT
On Friday, May 15, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application. The link to the form/instructions is provided below. Background: The PPP was created by the CARES Act to provide forgivable loans to eligible [...]
Checklist for Business Restart under Washington SafeStart Phase 1 and 2
All Washingtonians are anxious to “Re-start” our lives. Businesses small and large will be on the forefront of re-opening Washington subject to certain requirements imposed by the SafeStart order. SafeStart Washington Phase 1 begins on May 5, 2020 and allows the following businesses to operate: essential businesses already open, existing [...]
Long Term View on Short Term Rentals
Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]
SELLER ALERT: New Penalties for Failing to Install Smoke Detectors Effective July 1, 2019
In May 2019, the Washington State Legislature enacted SSSB 5284, which substantially changes Fire Protection law and takes effect July 1, 2019. These changes apply to Sellers of all dwelling units. A Dwelling Unit is defined as a single unit providing complete, independent living facilities for one or more [...]
If You Renovate Pre-1978 Homes, You Should Become Familiar with the EPA’s RRP Rule.
The EPA's Lead Renovation, Repair and Painting Rule (“RRP Rule”) requires firms that provide for-profit renovation, repair, and painting projects that disturb lead-based paint in homes, childcare facilities and pre-schools built before 1978 to meet certain requirements. The RRP Rule is different and broader than lead abatement in that it [...]
Construction Law Update: Binding Subcontractors to Terms of a Prime Contract
A recent Washington court case indicates that contractors should take additional proactive steps to ensure that subcontracts are bound to the terms of prime contracts incorporated by reference in a subcontract. Earlier this year, the Washington Court of Appeals for Division 1 issued an unpublished opinion in Edifice Construction Company, [...]
Update: What Construction Activity is Currently Allowed and What COVID-19 Safety Requirements Apply
On April 29, 2020, Governor Inslee authorized a “Limited Phase 1 Construction Restart.” This is the first phase of the construction restart, and not all construction activity is allowed under Phase 1. Only the following construction projects are authorized during Phase 1: Any of the “essential” construction activities that were [...]
New Requirements and Exemptions under the Washington Public Records Act, Effective June 2020
The Washington State Legislature recently amended the Public Records Act (“PRA”) establishing new exemptions related to personal information in employee records and imposes a new requirement for agencies to provide notice to employees when certain information from their personnel file is responsive to a request. The changes to the PRA, [...]
Managing Employees Return to Work After COVID-19 Pandemic – Food for Thought
The U.S. Equal Employment Opportunity Commission (EEOC) has released additional guidance for employers on what they can do when employees begin returning to work to balance a safe work environment with employment laws. The publication can be found at: https://www.eeoc.gov/newsroom/eeoc-updates-covid-19-technical-assistance-publication The publication, entitled “What You Should Know About COVID-19 and [...]
Remote Working During COVID-19 Pandemic
Under Proclamation 20-05, employees who work for an essential business may continue to perform their duties at their normal worksite. Even so, there may be prudent business reasons, or in some cases legal requirements (e.g., with high-risk workers) to have some employees perform their work remotely. Businesses that have not [...]
Paycheck Protection Program Rules Need Monitoring
Late last week the IRS issued a rule that no deduction is allowed under the Internal Revenue Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the Coronavirus Aid, Relief and Economic Security [...]
Proclamation 20-46: High-risk Employee – Workers’ Rights
On April 13, 2020, Gov. Jay Inslee issued Proclamation 20-46 giving high-risk employees’ rights and protections related to the COVID-19 disease. High-risk employees are those identified by the Centers for Disease Control and Prevention at higher risk of severe illness or death from COVID-19, including those over 65 years of [...]
Avoid Costly Reporting Mistakes with Workers’ Compensation
All Washington businesses insured by Workers’ Compensation administered by the Department of Labor and Industries (L&I) pay premiums based on rates that vary by “risk classification.” L&I has identified over 300 risk classifications, which they use to reflect the estimated cost of insuring work in each particular class. Each year, [...]
Federal Court Clarifies Scope of Stormwater Permit Coverage for “Industrial Activities”
Puget Soundkeeper Alliance v. APM Terminals Tacoma, LLC, et al. (November 3, 2020) On November 3, 2020, the United States District Court in the Western District of Washington issued a ruling that will ultimately affect how port districts and the Department of Ecology (“Ecology”) handle stormwater permitting at certain facilities. [...]
Updates to the Industrial Stormwater General Permit
When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind. That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]
Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs
By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019). Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]
Biden’s Proposed Tax Plan Could Lower the Threshold for Estate Taxes and Abolish the Step-Up in Basis
In the event Joe Biden wins the U.S. presidential election, will there be repercussions for the federal gift and estate tax exclusion? How will estate planning be affected? The current estate and gift tax exemption is $11.58 million per individual in 2020. This means that individuals may leave up to [...]
Updating your Estate Planning During COVID-19
The COVID-19 has unsettled all of our lives. We are dealing with monumental change and uncertainty daily. Many of our clients are calling to ask how they can update their estate plan during this public health crisis or how they can implement new estate planning that they have put off. [...]
Business Interruption Insurance for COVID-19 Claims
So, your business has shut down because it does not fall into one of the “essential” categories described by the State of Washington as it relates to the COVID-19 outbreak. Your company has business interruption insurance but your broker has told you that it will not cover your lost business [...]
CDC Eviction Order
The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]
Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs
By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019). Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]
New Subcontractor Listing Requirement for Structural Steel and Rebar Installation Work
“Bid shopping” is the practice of disclosing a subcontractor’s bids to its competitors to negotiate a better deal. On public works projects, when bids are shopped after the general contractor’s proposals are submitted to the owner, the windfall from the cost-cutting is enjoyed by the general contractor. Washington’s public works [...]
Update: Effect of Governor’s Orders on Suspension of Public Records Act – Extended to May 11, and Open Public Meetings Act Suspension to May 31, 2020
On May 4, 2020, Governor Inslee extended the Stay Home, Stay Healthy order through May 31, 2020. On May 5, 2020, Governor Inslee issued Proclamation 20-28.2 which extended certain statutory waivers and suspensions until May 31, 2020, except for RCW 42.56.520(1) – the “prompt response” requirement of the Public Records [...]
My Commercial Tenant has Filed for Bankruptcy. Now What?
As we are all now too aware, circumstances, whether health or financial, can change rapidly. In addition to impacting our personal lives, global events can impact drastically what was an otherwise productive business relationship. One example of the turmoil that can result from such an upheaval for a commercial landlord [...]
Knowing the Waters – “Best Practices” for Use of Executive Sessions Allowed Under the OPMA
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – August 2019 This month’s focus is on the “best practices” for use of executive sessions allowed under the Open Public Meetings Act (“OPMA”). There is an important change in law related to the discussion of real estate matters [...]
Knowing the Waters – Changes to the Port District “Economic Development” Statute
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – July 2019 This month’s column focuses on a change to RCW 53.08.245 – the port district “economic development” statute – that expands the ability of port districts to provide workforce development. Since 1911, the legislature has looked to [...]
Knowing the Waters – Real Property Taxes, Real Property Tax Exemptions, Leasehold Excise Tax and Leasehold Excise Tax Exemptions
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – June 2019 The mix of port district tenants is shifting from primarily industrial or commercial uses to a much wider range of uses. So, this month we look at real property taxes, real property tax exemptions, leasehold excise [...]
CDC Eviction Order
The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]
More Changes in Store for Residential Landlord Tenant Laws July 2020
A year after the legislature overhauled the Washington Residential Landlord Tenant Act (RLTA), Chapter 59.18 RCW, the legislature has again imposed new regulations impacting Washington residential landlord tenant laws. [For a summary of the July 2019 changes, see Article: Important Changes to Washington Residential Landlord Tenant Law]. The new 2020 [...]
Update: What Construction Activity is Currently Allowed and What COVID-19 Safety Requirements Apply
On April 29, 2020, Governor Inslee authorized a “Limited Phase 1 Construction Restart.” This is the first phase of the construction restart, and not all construction activity is allowed under Phase 1. Only the following construction projects are authorized during Phase 1: Any of the “essential” construction activities that were [...]
Long Term View on Short Term Rentals
Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]
SELLER ALERT: New Penalties for Failing to Install Smoke Detectors Effective July 1, 2019
In May 2019, the Washington State Legislature enacted SSSB 5284, which substantially changes Fire Protection law and takes effect July 1, 2019. These changes apply to Sellers of all dwelling units. A Dwelling Unit is defined as a single unit providing complete, independent living facilities for one or more [...]
Important Changes to Washington Residential Landlord Tenant Law
Recently adopted Senate Bill 5600 substantially amends Washington residential landlord tenant law effective July 28, 2019.[1] These changes apply to all existing residential leases, regardless of the terms in those leases. This article briefly addresses the major changes and provides recommendations for landlords to consider. Overview of the New [...]