David S. Kerruish, PS
7016 ‐ 35th Avenue NE
Seattle, WA 98115-5917
My real estate expertise focuses upon the development, construction, sale and financing of residential and commercial projects. A significant portion of my work concerns the creation of covenants and easements, resolution of boundary and property use issues, and formation of agreements involving land owners. My clients are residential and commercial contractors and subcontractors, brokers, escrow agents, lenders, property managers, investors, sellers and buyers. I have participated in the creation of master plan communities, commercial shopping centers and multi‐family projects, both for use as apartments and as condominiums.
Most types of written agreements encountered in small and medium‐size enterprises have been prepared by me during my years of representing entrepreneurs, small businesses and investment groups. I have provided advice on all types of contract issues, employment and independent contractor relationships, and I have formed most types of entities recognized under Washington State law. I have assisted couples who need agreements describing their financial rights and responsibilities prior to or during marriage, and advised clients who experience financial challenges, and are considering bankruptcy or creditor work‐out plans. I help clients plan how to grow their business by utilizing the appropriate written agreements, defining their relationships with partners, vendors, lenders, employees, and customers.
I serve as a mediator, both for private parties seeking my expertise to resolve a dispute without litigation, and as a panel member of the United States Bankruptcy Court, Western District of Washington’s mediation program. My mediation services focus on the same areas of the law as I describe for my expertise – real estate and business issues. I also serve as an arbitrator of private disputes, and have been a member of the panel of King County Superior Court arbitrators for many years. Private resolution of a dispute, without the formality of a courtroom appearance and scheduled for the parties’ convenience in an informal setting can provide prompt determination of a dispute by a person familiar with the law applicable to the dispute – rather than by a judge hearing mostly criminal law cases in the District or Superior Court. My mediation and arbitration services are affordable both because of the hourly rate for my services, and the sharing of the cost between the parties involved in the dispute.
I am licensed to practice, and have appeared, in all courts of the State of Washington, in the United States District Court, the United States Bankruptcy Court for both the Western and Eastern Districts of Washington, and in the Ninth Circuit Court of Appeals. Appearing in court, however, is a small part of a litigation practice. I advise my clients on the steps needed to position for success in litigation, counsel when to start or avoid a lawsuit, help gather the facts needed for presentation of the case in court, and suggest strategies for conducting the case. When needed, I have participated in or taken the lead in appellate cases, in Washington State Court of Appeals and the Washington State Supreme Court. My litigation practice helps me anticipate the types of problems which typically arise in real estate and business relationships, and draft better documents to avoid a lawsuit.
Because of my years of real estate and business experience, I have been called upon to provide expert opinions on real estate and business matters in court, serving as an expert witness. My analysis and testimony can assist a litigant in the courtroom presentation of a technical or nuanced area of real estate or business law, and my observations can assist in the design of an effective presentation.
I provided legal support at every phase of project; creation of the ownership entity, negotiation of the construction contract, representation of the owner for acquiring permanent financing.
This project was a joint venture of my client and others. This multi-use site involved conversion of existing commercial buildings and construction of new structures.
I prepare covenants and easements for large residential communities, negotiate and prepare transfers of common areas to homeowners associations, the public and conservation organizations.
I serve as outside general counsel for a multi-state real estate ownership group, which provides specialized, commercial use space for small businesses and artisans.
I prepared all agreements among members, condominium declarations or proprietary leases for Puget Sound area co-housing communities, by meeting with members, participating in their consensus-building processes and explaining the way in which such agreements take the projects from start to finish.
7016 – 35th Avenue NE, Seattle, WA 98115-5917
Monday – Friday, 9am – 5pm
(206) 386 – 4710