Columbus Construction Lawyer, Georgia

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Hal Emalfarb
About | Practice Areas
Emalfarb, Swan & Bain
440 Central Avenue Highland Park, IL 60035» view map
Construction Law
We Know Construction Law

The complexity of construction projects – large or small – requires expert legal advice to prevent or resolve problems that arise before, during, and after construction.

800-978-6780
1. Hal Emalfarb Highland Park, IL
  Attorney at Law- IL
  Loyola University Chicago School of Law, J.D. 1977
2. AboutEmalfarb, Swan & Bain
  We Know Construction Law
3. Practice AreasExpertise
  Construction
1. Contact
2. Email
3. Refer
5. Visit:
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7. Profile

Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

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800-923-0641

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LEGAL TERMS

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.

OFFENSIVE COLLATERAL ESTOPPEL

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.

WORK MADE FOR HIRE

A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright own... (more...)

A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as 'made for hire.'the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.

FAILURE OF CONSIDERATION

The refusal or inability of a contracting party to perform its side of a bargain.

CAUSE OF ACTION

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is... (more...)

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is divided into discrete elements, all of which must be proved to present a winning case.

REAL ESTATE

Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called ... (more...)

Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called real property.

ESTATE

Generally, all the property you own when you die.

ELECTRONIC SIGNATURE

A paperless method of entering into an electronic contract. To 'sign' a contract electronically, a person may be asked to click an 'I Accept' button or use a 'k... (more...)

A paperless method of entering into an electronic contract. To 'sign' a contract electronically, a person may be asked to click an 'I Accept' button or use a 'key' to encrypt (scramble) information that uniquely identifies the signer using a method called Public Key Infrastructure (PKI). Electronic signatures are as binding as those in ink.

COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in comm... (more...)

A way for married couples to hold title to property, available in Arizona, California, Nevada, Texas and Wisconsin. It allows one spouse's half-interest in community property to pass to the surviving spouse without probate.

SAMPLE LEGAL CASES

Chase v. State

... of statutes, the courts shall look diligently for the intention of the General Assembly." [3] In so doing, "the ordinary signification shall be applied to all words." [4] Where the language of a statute is plain and susceptible to only one natural and reasonable construction, courts must ...

Record Town, Inc. v. SUGARLOAF MILLS LTD.

... 1. We must note initially that "construction of a contract is a question of law for the court." OCGA Â§ 13-2-1. Thus, "[t]he construction of the provisions of this lease, as with other contracts, is generally one for the court to determine as a matter of law," Peachtree on Peachtree ...

Currid v. DeKalb State Court Prob. Dept.

... In construing this statute,. we apply the fundamental rules of statutory construction that require us to construe [the] statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage. ...

Columbus Construction Lawyer, Georgia

Sponsored Law Firm

Emalfarb, Swan & Bain

SPONSORED LAWYERS

Joseph W. Powell

Peter J. Daughtery

John W. Roper

Karen D. Earley

Kenneth Eugene Evans

Robert Michael Mckenna

Forrest Lee Champion

James R. Warner

R. S. Poydasheff

J. Barrington Vaught

TIPS

LEGAL TERMS

NOVATION

OFFENSIVE COLLATERAL ESTOPPEL

WORK MADE FOR HIRE

FAILURE OF CONSIDERATION

CAUSE OF ACTION

REAL ESTATE

ESTATE

ELECTRONIC SIGNATURE

COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

SAMPLE LEGAL CASES

Chase v. State

Record Town, Inc. v. SUGARLOAF MILLS LTD.

Currid v. DeKalb State Court Prob. Dept.

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