Attorney Services
Marianne Jones is a graduate of the University of Washington and Seattle University School of Law. She has been litigating civil cases since 1991.
Marianne started out her career at a medium-sized business law firm in Everett, Washington. In 1997, after becoming the head of litigation for that firm, she purchased the assets of the firm and started Jones Law Group PLLC, a civil business litigation firm that focused on securities fraud, construction, real estate, employment, civil rights discrimination cases, and appeals.
Business Litigation
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Contracts
A contract is defined as a set of promises or promise for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty. In order to enter into a legally enforceable contract, you must be 18 years or older, have the mental capacity to have read it, understand it, and plan to abide by it. If you are entering into a contract, you cannot assume that the contract was written by an attorney or that the terms in it are legal. In order for a contract to be valid there must be an offer, acceptance and consideration. Consideration is a legal concept that’s says that in order for a promise to be enforceable, it has to be supported by consideration. Consideration is a bargain of exchange, and relates to the thing being exchanged. Without consideration, there may not be an enforceable contract and the exchange may simply be a donative gift. Some significant legal terms that you should know about and consult an attorney about are: Waiving negligence Hold Harmless/Indemnification Prevailing Party Attorney’s fees Lien rights Waiver Modification Integration Arbitration Some contracts that many consumers do not understand and wish they had never signed without consulting an attorney: Construction Agreements with a general contractor sub-contractor Moving Contracts Storage Contracts Water remediation and restoration contracts Insurance subrogation contracts Insurance settlements Vender Agreements Straightforward Contracts that typically are OK to sign without an attorney: Car loan from an established bank or credit union Home loan/Refinance/HELOC NWML Purchase and Sale Agreement with a competent Real Estate Agent
Construction
Unfortunately, it is a common occurrence that homeowners and contractors do not enter into formal written agreements and oftentimes both rely on a bid or an invoice. Although commonplace, this has led to many lawsuits by either the homeowner or contractor over misunderstandings that could have been resolved had the parties written out their expectations at the outset. This includes: what specific construction tasks are to be performed; written change orders for anything beyond the original scope of the contract; including an attorney’s fees clause; specifying the dates and timing of payment; and providing a total project not to exceed cost. For homeowners, if you are in a position where a contractor took your deposit and never performed the work or performed the work poorly, you not only have an action against the contractor but also against their bond, if available. For contractors, if a homeowner failed to pay you for your contractually agreed work that you performed well, then you have the option to file a lien on the property that your performed work on, thus securing with real estate the amount owed to you. Smythe & Jones PLLC is well versed in representing both homeowners and contractors in all aspects of construction disputes. However, time is essential in these matters whether it is to attach to the bond, recording a real estate lien, or having a materialman’s lien released from your home, get us on board promptly for the best results.
Employment
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Consumer
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Discrimination
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