| Legal Issues Concerning Limiting Legislation for Historical Properties |
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| Certain constitutional issues arise in relation to privately owned properties that are designated "historical." Many state and local governments have taken steps to preserve these historical properties by enacting laws that limit the owner's right to maintain, use, or alter the property. The majority of local government regulations come by way of zoning ordinances. More... |
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| Excusable v. Non-Excusable Delays in the Construction Process |
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| Time is generally of the essence in construction contracts and delays can have a great impact on the construction project. Construction delays are either excusable or non-excusable, and the nature and cause of the delay will determine who bears the risk of the delay as well as any ensuing damages flowing therefrom. Non-excusable delays rest solely with the party causing the delay and the loss of time and money occasioned by the delay is borne by such party. More... |
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| FRAUD AND MISREPRESENTATION IN CONSTRUCTION CONTRACTS |
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| Parties to a construction contract may be entitled to a cause of action for fraud, deceit, or misrepresentation. The basis for this type of action is a party's reliance upon factual representations that are made by one of the parties to the contract. More... |
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| LICENSING EXEMPTIONS |
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| In most states, contractors, architects, and engineers are required to be licensed in order to perform construction work. Some states have enacted statutes that provide exemptions for license requirements. However, these exemptions are extremely limited and are strictly interpreted by the courts. More... |
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| Retainage, In General |
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| A retainage is a portion of the payment owed to a contractor that is withheld by the owner. The retainage amount is usually comprised of a pre-established percentage of the amount earned and due to the contractor. The construction contract will provide the details as far as percentage retained and retainage procedure. More... |
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