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Defect Claims:
What happens when a governmental entity burdens or restricts one’s property rights? Can a property owner receive any compensation for his or her diminished property value? Maybe. More
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It has been more than ninety years since United States Supreme Court Justice Brandeis delivered his landmark opinion in United States v. Spearin, 248 U.S. 132 (1918). Yet today the Spearin doctrine remains at the forefront of construction law. More
A key factor for a contractor to consider in pricing its goods and services at an amount that is both palatable to the purchaser and profitable for the contractor is an astute evaluation of the underlying costs and any expected increases.More
All contractors actively engaged in construction work are undoubtedly familiar with Notices to Owner - that section in most mechanics' lien statutes which outlines what a materialman, laborer, subcontractor or sub-subcontractor, who is not in privity with the owner, must do to perfect his lien rights in order to record a claim of lien.More
Given the vagaries and uncertainties these days in loan commitments as well as material prices, not to mention the overall state of the construction industry, one can quickly understand why pay-when-paid provisions have become so critical in construction contract negotiations.More
Most lienors do not know that a statute exists which, if properly exercised, could have their liens discharged and cancelled in a very short period of time.More
Alert
A vague non-compete provision shall not be enforced. A court held that the use of the term "prospective clients" without some definition was vague and overbroad. More
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