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Construction Law Commons

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Articles 661 - 690 of 722

Full-Text Articles in Construction Law

Penn Central Transportation Company V. New York City, Lewis F. Powell Jr. Oct 1977

Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutionality Of Mechanics' Liens Statutes Sep 1977

Constitutionality Of Mechanics' Liens Statutes

Washington and Lee Law Review

No abstract provided.


Future Advances Under The Ulta And The Uslta: The Construction Lender Receives A New Status Jun 1977

Future Advances Under The Ulta And The Uslta: The Construction Lender Receives A New Status

Washington and Lee Law Review

No abstract provided.


Malpractice: The Design Professional's Dilemma, 10 J. Marshall J. Of Prac. & Proc. 287 (1977), Todd L. Herbst Jan 1977

Malpractice: The Design Professional's Dilemma, 10 J. Marshall J. Of Prac. & Proc. 287 (1977), Todd L. Herbst

UIC Law Review

No abstract provided.


Fragile Coalition Interviews - Walter Flowers, June 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - Walter Flowers, June 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


In The Matter Of: Certificate Of Need For Aston Park Hospital, Inc.: Impasse For Regulation Of Hospital Construction In North Carolina, Robert A. Brady Apr 1975

In The Matter Of: Certificate Of Need For Aston Park Hospital, Inc.: Impasse For Regulation Of Hospital Construction In North Carolina, Robert A. Brady

North Carolina Central Law Review

No abstract provided.


Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith Jan 1975

Case Note: Criminal Law - Parole - State Board Of Parole Must Issue Statement Of Reasons For Denial Of Parole. United States Ex Rel. Johnson V. Chairman, New York State Board Of Parole, 500 F.2d 925 (2d Cir. 1974), William B. Smith

Fordham Urban Law Journal

This Case Note analyzes the Second Circuit's decision in United States ex rel. Johnson v. Chairman, New York State Board of Parole, which held that due process considerations required the Board to issue a statement giving its reasons for denial of parole, both as a guide for the prisoner's rehabilitative efforts and as an enduring record for possible appellate review.


Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud Feb 1974

Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud

Washington Law Review

This note will discuss both the PLC's new remedy and the new priority given to mortgages for future advances. Both provisions will make present construction industry practices more equitable: Section 2 has given PLC's a new, productive and efficient remedy, designed to work with and improve the traditional real property lien, and Section 3 has repaired the damage done to lenders' mortgage priorities by a recent Washington case. Both Sections do create new problems of their own, however, which are also discussed.


Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens Jan 1974

Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens

University of Michigan Journal of Law Reform

The 1959 Pennsylvania legislation, while commendable for its goals and its innovative financing concepts, proved inadequate over the years in meeting the changing housing needs in the state. In an attempt to correct the deficiencies of this legislation, Pennsylvania radically revised its housing law by enacting the Housing Finance Agency Act of 1972. This note undertakes a historical analysis of both the 1959 Act and the 1972 Act. Then, the new act is contrasted with similar statutes in other states. Finally, the effectiveness of the Pennsylvania legislation as a stimulate to the development of new low- and moderate-income housing is …


The Infirmities Of Affirmative Action: The New York City Plan Jan 1974

The Infirmities Of Affirmative Action: The New York City Plan

Fordham Urban Law Journal

The regulations announced by Mayor John Lindsay that propose new contract bid regulations designed to eliminate discrimination in employment in New York City were implemented and are the basics of the city's present program. New York City's present affirmative action attempts to increase the number of minorities employed in city-financed construction projects. But, how viable are these programs in light of the expected attacks based on the federal preemption doctrine? Questions of due process and equal protection must be examined when affirmative action programs require contractors to make good faith efforts to meet these goals. Affirmative action programs are part …


The Nova Scotia Trade Union Act, 1972, Innis Christie Jan 1973

The Nova Scotia Trade Union Act, 1972, Innis Christie

Innis Christie Collection

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.


The Roles Of Architect And Contractor In Construction Management, John E. Lehman Jan 1973

The Roles Of Architect And Contractor In Construction Management, John E. Lehman

University of Michigan Journal of Law Reform

For the architect and building contractor the most significant aspect of modern commercial construction may not be the design but rather the management, consisting of coordination and administration, of large-scale building projects. Despite the importance of construction management, especially in mammoth and complex projects such as New York's World Trade Center, legislatures have been slow to respond to the needs and practices of the construction industry. Although the skills involved indicate that the role of construction manager is more appropriately assumed by a contractor, the laws of several states provide that only a licensed architect can take responsible charge of …


Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario Dec 1972

Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario

St. Mary's Law Journal

Abstract Forthcoming.


The Financially Irresponsible Home Builder: A Challenge To Builder Liability Law, J. David Rosenberg Jan 1972

The Financially Irresponsible Home Builder: A Challenge To Builder Liability Law, J. David Rosenberg

Kentucky Law Journal

No abstract provided.


The Fairness Doctrine: Its Limits And Occasions In West Virginia Advertising, Ray E. Ratliff Jr. Nov 1971

The Fairness Doctrine: Its Limits And Occasions In West Virginia Advertising, Ray E. Ratliff Jr.

West Virginia Law Review

No abstract provided.


Healy V. James, Lewis F. Powell, Jr. Oct 1971

Healy V. James, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Recent Statutory Developments Concerning The Limitations Of Actions Against Architects, Engineers, And Builders, George Anthony Smith Jan 1971

Recent Statutory Developments Concerning The Limitations Of Actions Against Architects, Engineers, And Builders, George Anthony Smith

Kentucky Law Journal

No abstract provided.


Affirmative Action: A Robin Hood Hiring In Federally Aided Construction, Frederick W. Lambert Dec 1968

Affirmative Action: A Robin Hood Hiring In Federally Aided Construction, Frederick W. Lambert

University of Michigan Journal of Law Reform

Executive Order 11246, promulgated in September 1965, requires that all federal financial aid applicants incorporate into construction contracts and sub-contracts the same guarantees of equal employment opportunity that are required of parties in a direct contractual relationship with the government. Each contractor must "take affirmative action to ensure that [job] applicants are employed… and treated during employment" in a nondiscriminatory manner and must guarantee that his subcontractors will also take such affirmative action. Responsibility for enforcement of the Order was delegated to the newly-established Office of Federal Contract Compliance (OFCC). The OFCC drafted guidelines 6 requiring contractors and major subcontractors …


Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White May 1968

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

The grievor, an employee in the construction industry, was dis­charged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not estab­lished here. In the construction industry, where foremen …


Governmental Immunity For Public Contractors Engaged In Blasting Mar 1966

Governmental Immunity For Public Contractors Engaged In Blasting

Washington and Lee Law Review

No abstract provided.


65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld Nov 1965

65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

Argues that the Cuyahoga County Common Pleas Court erred in allowing into evidence the guns found by Detective Martin McFadden because these guns were obtained in violation of the Fourth Amendment. Argues that a "frisk" is a "search" within the protection of the Fourth and Fourteenth Amendments.


Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren Mar 1965

Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren

Michigan Law Review

From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to be beyond …


Virginia Mechanics' Liens: A Precarious Priority, Joseph L. Lyle, Jr., Arthur B. Davies, Iii Sep 1964

Virginia Mechanics' Liens: A Precarious Priority, Joseph L. Lyle, Jr., Arthur B. Davies, Iii

Washington and Lee Law Review

No abstract provided.


New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle May 1964

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 …


Federal Income Tax-Definition Of Collapsible Corporation, John E. Mogk Mar 1964

Federal Income Tax-Definition Of Collapsible Corporation, John E. Mogk

Michigan Law Review

In 1948 petitioner and several other taxpayers, who had previously been active in constructing homes, formed two corporations to build apartment houses. As a result of decreases in the price of building materials and savings on labor and architectural costs, each corporation was left, after completion of construction, with borrowed funds which exceeded costs of construction. In the year following completion of construction the taxpayers distributed the excess borrowed funds of the two corporations and then sold their stock in each at a substantial profit. Petitioner reported, his receipts from the distribution of the loan funds and the profit on …


Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman Jan 1964

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 Jan 1964

Once Around The Flag Pole: Construction Bidding And Contracts At Formation, Lawrence Lederman

Articles & Chapters

No abstract provided.


The Supreme Court, Politics, And Modern Society, Donald P. Kommers Jan 1964

The Supreme Court, Politics, And Modern Society, Donald P. Kommers

Journal Articles

Donald P. Kommers reviews Charles S. Hyneman's The Supreme Court on Trial (New York: Atherton Press, 1963).


Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed Nov 1962

Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed

Michigan Law Review

Plaintiff filed a bill of complaint seeking to enforce a mechanic's lien for the clearing of eighty acres of land pursuant to an agreement with the owners. The bill alleged that plaintiff's lien was superior to a mortgage which, though prior in time of execution, had been recorded subsequent to the inception of the clearing contract. Defendant mortgagee demurred on the ground that land clearance did not qualify for a lien under the pertinent mechanic's lien statute which provided that "every ... person ... who shall do or perform any work or labor upon ... any building or improvement on …


Restitution--Quasi-Contract--Non-Conformance With State Building Contractors Licensing Statute As Basis For Denial Of Restitution, Stefan Tucker Apr 1962

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 …