Bloomington Construction Lawyer, Wisconsin
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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John W. McNamee
Real Estate, Lawsuit & Dispute, Government
Status: In Good Standing Licensed: 45 Years
1038 Lincoln Avenue, Fennimore, WI 53809
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LEGAL TERMS
CONTRACT
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.
UNJUST ENRICHMENT
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return ... (more...)
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.
DEEP LINK
A link from one website to another that bypasses the second website's home page and takes the user directly to an internal page on the site. For example, a deep... (more...)
A link from one website to another that bypasses the second website's home page and takes the user directly to an internal page on the site. For example, a deep link from Yahoo might take the user directly to a news article on a news site instead of linking to the home page of the site.
QUITCLAIM DEED
A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transfer... (more...)
A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transferred, however. For example, a divorcing husband may quitclaim his interest in certain real estate to his ex-wife, officially giving up any legal interest in the property. Compare grant deed.
NOVATION
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.
BALLOON PAYMENT
A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit bal... (more...)
A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit balloon payments in loans for goods or services that are primarily for personal, family or household use, or require the lender to let you refinance the balloon payment before forcing collection.
ENCROACHMENT
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.
GOODS & CHATTELS
See personal property.
INHERITORS
Persons or organizations who receive property from someone who dies.
SAMPLE LEGAL CASES
Michels Pipeline Construction v. LIRC
Michels Pipeline Construction and Bituminous Casualty Corporation (together, Michels) appeal
from an order affirming a Labor and Industry Review Commission (LIRC) decision requiring Michels
to pay $13,000 for improperly applying a social security offset to an injured employee's ...
Stuart v. Weisflog's Showroom Gallery, Inc.
... claims. In May 1996, after receiving the drawings, the Stuarts entered into a second
contract for the remodeling and for the construction of their home addition (Remodeling
Contract), which called for a total payment of $278,000. ...
County of Dane v. LABOR AND INDUSTRY REVIEW COMM.
... Stat. § 102.56(1). The construction of a statute and its application to undisputed facts are questions
of law that we generally review independently. ... In determining the ordinary meaning of undefined
words, "[w]e may consult a dictionary to aid in statutory construction." Id. ...
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