Damascus Construction Lawyer, Arkansas


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

Stephen B. Niswanger Lawyer

Stephen B. Niswanger

VERIFIED
Lawsuit & Dispute, Collection, Real Estate, Contract, Construction

Steve Niswanger is the managing member of the firm and has about 20 years experience in business and general litigation and transactions, with an emph... (more)

FREE CONSULTATION 

CONTACT

800-931-3770

Marian Major McMullan

Land Use & Zoning, Construction, Trademark, Corporate
Status:  In Good Standing           

Amy Clemmons Brown

Banking & Finance, Construction, Corporate, Land Use & Zoning
Status:  In Good Standing           

Kelly Anne Halstead

Eminent Domain, Construction, Corporate, Land Use & Zoning
Status:  In Good Standing           

John C. Calhoun

Corporate, Litigation, Construction, Products Liability
Status:  In Good Standing           

John C. Calhoun

Corporate, Litigation, Construction, Products Liability
Status:  In Good Standing           

A. Danielle Litaker-nall

Commercial Real Estate, Construction, Real Estate, Corporate
Status:  In Good Standing           Licensed:  29 Years

Danielle Litaker-nall

Construction, Corporate, Commercial Real Estate
Status:  In Good Standing           Licensed:  30 Years

Tasha C. Taylor

Construction, Civil Rights, Collection, Medical Malpractice
Status:  In Good Standing           

J. Don Overton

Construction, Mediation, Wills & Probate, Business
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

SEVERABILITY CLAUSE

A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.

DIRECTOR

A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important bus... (more...)
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions -- especially those that legally bind the corporation -- leaving day-to-day management to officers and employees of the corporation. For example, a decision to borrow money, lease an office or buy real property would normally be authorized by the board of directors. However, in the small business world, where it is common for owners to be directors, officers and employees simultaneously, distinctions dividing the roles and responsibilities of these groups are often blurred.

DEMURRER

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.

SHARED EQUITY MORTGAGE

A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the... (more...)
A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the lender is entitled to a portion of the proceeds.

CONSIDERATION

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one for... (more...)
The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view. Whatever its particulars, consideration must be something of value to the people who are making the contract.

RECORDING

The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Record... (more...)
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the state.

HOMESTEAD DECLARATION

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

APPRECIATION

An increase in value. Appreciated property is property that has gone up in value since it was acquired.

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.

SAMPLE LEGAL CASES

MAY CONSTRUCTION COMPANY v. TOWN CREEK CONSTRUCTION & DEVELOPMENT, LLC

In a written contract, May agreed to perform site work on Town Creek's residential development, Aspen Ridge. To finance the project, Town Creek obtained a loan from Chambers Bank, secured by a mortgage filed on July 20, 2005. May conducted some activity on the ...

Martin v. Jensen Construction Company

The wage-loss factor is the extent to which a compensable injury has affected the claimant's ability to earn a livelihood. Sivixay v. Danaher Tool Group, 2009 Ark. App. 786, ___ SW3d ___. When a claimant has an impairment rating to the body as a whole, the Commission ...

Nabholz Construction Corp. v. Gates

In reviewing decisions from the Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the Commission's findings, and we affirm if the decision is supported by substantial evidence. Whitlach v. ...

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