Construction Law Commons^™

Taxation-Federal Income Tax-Corporation Held Not Collapsible Where View To Sell Arose After Construction Completed, Amalya L. Kearse

Michigan Law Review

Petitioners had formed a corporation for the purpose of building and operating a housing project. After the construction was completed and most of the apartments rented, small cracks were discovered in the buildings. Without soliciting engineering or other technical opinion, petitioners sold their stock in the corporation. The Tax Court upheld respondent-commissioner's taxing the profit from the sale of stock as ordinary income rather than capital gain, on the theory that the corporation was "collapsible" under section 117 (m) of the Internal Revenue Code of 1939. On appeal, held, reversed. Since the view to the sale of stock did …

Atomic Energy Law-Atomic Energy Act Of 1954- Substantial Legal Restrictions On The Private Development Of Nuclear Reactors, Martin Adelman

Michigan Law Review

In 1956 the Power Reactor Development Company received a construction permit from the Atomic Energy Commission to build a fast breeder nuclear reactor at Lagoona Beach, thirty miles southwest of Detroit, Michigan. Intervening pursuant to section 189 of the Atomic Energy Act of 1954, several unions claimed that the health, safety, and property of their members would be jeopardized by the operation of the reactor. Formal hearings were held before the AEC and a final decision affirming the issuance of a construction permit to PRDC was made by the Commission in 1959. On appeal to the Court of Appeals for …

Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies

Michigan Law Review

Respondent construction firm was engaged in building a dam, the sole purpose of which was to enlarge a reservoir that supplied water to the city of Corpus Christi, Texas. Industrial producers of goods for interstate commerce and operators of instrumentalities of interstate commerce consumed nearly half of the water supplied by the city's system. The Secretary of Labor sought an injunction against violations of the overtime provisions of the Fair Labor Standards Act The district court granted the injunction; the court of appeals reversed, relying primarily upon the "new construction" doctrine. On certiorari to the United States Supreme Court, held …

Bid Depositories, George H. Schueller

Michigan Law Review

The decision by the United States District Court for the Southern District of California in the civil antitrust case of United States v. Bakersfield Associated Plumbing Contractors, Inc. brought in its wake considerable renewed interest, discussion, and activities concerning "bid depositories." This is apparent from the trade press and from inquiries reaching the Antitrust Division, including a number of requests for clearance of bid depository plans through so-called "railroad release" procedures. Even more recently, institution of the civil and criminal antitrust cases of United States v. Arizona Masonry and Plastering Contractors' Association provided further stimulation. The term "renewed" interest and …

Application Of The Cost And Value Theories In Measuring Contractor's Liability, William M. Dishman Jr.

Kentucky Law Journal

No abstract provided.

Abstracts Of Recent Cases, W. E. M.

West Virginia Law Review

No abstract provided.

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 …

Constitutional Law - Relation Of Federal And State Governments Applicability Of State Licensing Statute To Federal Contractors, Lee N. Abrams S.Ed.

Michigan Law Review

A contractor submitted a bid for construction of facilities at an Arkansas Air Force Base over which the United States had not acquired jurisdiction. After this bid was accepted by the federal government and work on the project had begun, the contractor was tried by the Circuit Court of Pulaski County, Arkansas, and found guilty of submitting a bid, executing a contract, and commencing work as a contractor without the license required by Arkansas law. The Arkansas Supreme Court affirmed the judgment of the trial court. On appeal to the United States Supreme Court, held, reversed. In a brief …

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 …

Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich

Michigan Law Review

The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of …

Building Up To An Awful Let-Down, Robert J. Knorr

Cleveland State Law Review

In modem construction, theoretically the duties, liabilities and warranties of those involved in a construction project ordinarily are broken down thus: The owner agrees to furnish the funds; the architect-engineer contracts to furnish experience, know-how, design, engineering plans, specifications, and supervision to assure the owner that he will receive what he requires and pays for; while the contractor agrees to furnish skilled labor,and proper material for the job. However, in actual practice, especially where the owner engages one firm to furnish the architectural drawings, specifications and supervision; another to do the necessary engineering design of the structural elements of the …

Financing Construction On Long Term Leasehold Estates, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Clyde L. Ball, Walter Probert, Harry L. Snead Jr., Oliver C. Schroeder Jr., James M. Nabrit Jr., Roger A. Cunningham, Max P. Rapzcz, Robert J. Fower, L. J. Johns, Claude H. Brown, John T. Mcnaughton

Journal of Legal Education

No abstract provided.

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 …

Master And Servant--The Simple Tool Doctrine, William Briggs

Kentucky Law Journal

No abstract provided.

The Firm Offer Puzzle: A Study Of Business Practice In The Construction Industry, Franklin M. Schultz

Articles by Maurer Faculty

No abstract provided.

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.

Party Walls-What Constitutes A Use-Use By Lessee Of Non Builder

Indiana Law Journal

No abstract provided.

Pleadings-Construction-Plaintiff Must Allege Compliance With Statute

Indiana Law Journal

No abstract provided.

Some Problems Of Coverage Under Public Works Bonds, H. H. Grooms

Kentucky Law Journal

No abstract provided.

Termination Of Lease Containing Covenant To Repair Or Rebuild By Subsequent Building Code Making Impossible Repair Of Rebuild By Subsequent Building Code Making Impossible Repairs Or Rebuilding Except By More Expensive Structure

Indiana Law Journal

No abstract provided.

Law Of Engineers And Architects, T. W. Arnold

West Virginia Law Review

No abstract provided.

Constitución (Ley Fundamental) De La Unión De Repúblicas Socialistas Soviéticas, Soviet Union.

Mario Diaz Cruz Pamphlets

Aprobada en la Seṕtima Sesioń Extraordinaria del Soviet Supremo de la URSS de la novena legislatura 7 de octubre de 1977.

At head of title page: Proletarios de todos los paises, unios!

Constitutional Law, Hugh Evander Willis

Indiana Law Journal

No abstract provided.

El Distrito Metropolitano De La Capital De La Repúbica Una Apelación A La Habana Grandiosa, F. Carrera Justiz

Mario Diaz Cruz Pamphlets

Antecedentes para una ponencia ante la Comisión Codificadora Nacional por el miembro de la misma.

Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess

Michigan Law Review

In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.

Contracts--Builder's Excuse For Failure To Secure Architect's Approval

West Virginia Law Review

No abstract provided.

Financial Details, Kent Memorial, Edwin C. Goddard

Articles

The following is a statement, with such details as I should think would answer the purposes of other chapters, of the ways and means adopted for securing the present building just completed at Ann Arbor.

Ordenanzas De Construcción Para La Ciudad De La Habana Y Pueblos De Su Término Municipal, Aurelio Sandoval Y García

Cuban Law

(Vigentes para las Poblaciones de Cuba). Brevemente anotadas y comentadas.

4a edición.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Fiduciary Relation--Right of Principal to Agent's Acquisitions--Patents for Agent's Inventions; Bankruptcy--Insurance Policies as Assets; Carriers--Duty Toward Alighting Passenger; Commerce--Conflicting State and Federal Regulation; Constitutional law--Restrictive Labor Laws for Women; Contributory Negligence--Children; Conveyancing--Covenants--Construction of "Business" in Restrictive Covenant; corporations--Director's Meetings--Effect of Surprise, Trick, or Fraud in Securing a Quorum; Corporations--Eleemosynary--Liability of Educational Institution for Torts; Corporations--Fraudulent Organization--Corporation a Nullity; Criminal Law--Wife Abandonment--Proper Venue; Damages--Breach of Contract--Value of Unmatured Crops; Damages--Master and Servant--Wrongful Discharge of Servant; Dedication--requisites, Sufficiency and Acceptance; Deeds--Rule in Shelley's Case; Equity--Temporary Injunction--Function and Effect; Garnishment--Possession of Garnishee--Safety Deposit Box; Husband and Wife--Power of Wife to Dispose of Her …