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Articles 361 - 373 of 373
Full-Text Articles in Construction Law
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
Seattle University Law Review
This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …
As The Walls Came Tumbling Down: Architects' Expanded Liability Under Design-Build/Construction Contracting, 17 J. Marshall L. Rev. 1 (1984), Hal G. Block
UIC Law Review
No abstract provided.
The Construction Industry Bidding Cases: Application Of Traditional Contract, Promissory Estoppel, And Other Theories To The Relations Between General Contractors And Subcontractors, 13 J. Marshall L. Rev. 565 (1980), Michael L. Closen, Donald G. Weiland
The Construction Industry Bidding Cases: Application Of Traditional Contract, Promissory Estoppel, And Other Theories To The Relations Between General Contractors And Subcontractors, 13 J. Marshall L. Rev. 565 (1980), Michael L. Closen, Donald G. Weiland
UIC Law Review
No abstract provided.
Design-Build Contracts In Virginia, Kevin B. Lynch
Design-Build Contracts In Virginia, Kevin B. Lynch
University of Richmond Law Review
Construction law is a varied and intricate outgrowth of the innumer- able complex relationships inherent in any building project. The role of the architect, once the master builder, has undergone and continues to undergo a redefinition. Due to recent changes in the construction industry, especially the development of construction management and design-build concepts, the regulatory framework within which the building project operates is, in many states, in need of reform. The purpose of this comment will be to examine the impact of the development of design- build concepts on the traditional model of owner, architect, and contractor relationships and to …
New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle
New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle
Michigan Law Review
It is a well known maxim among oil and gas lawyers that "a producing well always clouds a title and a dry hole cures it." A variation of that maxim might be applied to producing wells which may or may not include, as by-products of the primary mineral, other substances that are extractible and valuable. Of course, once production of by-products begins, conveyancers give special attention to these resources, but many instruments executed before such development may be phrased in general terms without specific mention of substances unimportant when the conveyance was made. Even a recent instrument may lack specificity …
Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman
Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman
Articles & Chapters
No abstract provided.
Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman
Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman
Articles & Chapters
No abstract provided.
Restitution--Quasi-Contract--Non-Conformance With State Building Contractors Licensing Statute As Basis For Denial Of Restitution, Stefan Tucker
Restitution--Quasi-Contract--Non-Conformance With State Building Contractors Licensing Statute As Basis For Denial Of Restitution, Stefan Tucker
Michigan Law Review
Defendants, owners of an apartment building containing stores and living units, contracted with plaintiff to replace the roof of the building. Pursuant to the contract plaintiff replaced the roof, and when defendants refused to pay for the work done, plaintiff sued in the alternative for damages on the contract or for restitution on an implied contract. Defendants moved for dismissal at pre-trial, contending that plaintiff was a residential alteration contractor and as such was required by state statute to have a license in order to bring an action for the collection of compensation. On appeal from pre-trial orders dismissing the …
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Michigan Law Review
More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was a home-owner whose home was fumigated by an independent contractor. Plaintiff was the administrator of the estate of a water softener service man, who entered the home and was overcome by the cyanide gas used in the operation. It was agreed by the parties that the contractor was negligent in failing to lock all entrances to the home, and in not posting warnings at all entrances. Plaintiffs request to charge the jury that the work was inherently dangerous was refused. The court instructed the jury to determine whether or not the defendant had used due care in selecting …
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Michigan Law Review
Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …
Contracts--The Liability Of A Building Contractor For Defects In Plans And Specifications Furnished By The Owner, James C. Brock
Contracts--The Liability Of A Building Contractor For Defects In Plans And Specifications Furnished By The Owner, James C. Brock
Kentucky Law Journal
No abstract provided.
Contracts--Builder's Excuse For Failure To Secure Architect's Approval
Contracts--Builder's Excuse For Failure To Secure Architect's Approval
West Virginia Law Review
No abstract provided.