Jordan Ramis pc. Attorneys at law

Cost Recovery

Lease Contract Damages

Problem

  • Jordan Ramis assisted our client in the pursuit of cost recovery and contract damages for harm to their property caused by the release of dry cleaning solvents by a tenant.
  • Claims were brought under Washington’s Model Toxics Control Act (MTCA) as well as under the lease agreement.

Solution

  • After extensive discovery, the case was resolved by settlement in favor of our client. 
  • The settlement resulted in a stipulated judgment for the damages plus a settlement for all claims, plus execution of a new 10-year lease while the property undergoes cleanup.  The assignment of claims was subsequently pursued and the insurance carriers have settled without litigation by payment of damages.

Results

  • The settlement is complete, including assignment of insurance policies.  
  • Coverage claims have been resolved in our client’s favor. 
  • Additional claims against the spiller are preserved and may follow.