Deming Construction Lawyer, New Mexico, page 4


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

Jarod K. Hofacket

Elder Law, Wills
Status:  In Good Standing           

Jennifer E. Delaney

General Practice
Status:  In Good Standing           

Jewel Winter

General Practice
Status:  Inactive           

John Schaber

General Practice
Status:  In Good Standing           Licensed:  75 Years

John F Schaber

General Practice
Status:  In Good Standing           Licensed:  75 Years

John William Kerens

General Practice
Status:  Inactive           Licensed:  17 Years

Jose M. Arguello

Criminal
Status:  In Good Standing           

Keythan F. Park

Federal Trial Practice, Criminal
Status:  In Good Standing           

Kyle Ogden

General Practice
Status:  In Good Standing           Licensed:  50 Years

Lisa Pettyjohn

General Practice
Status:  In Good Standing           

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LEGAL TERMS

UNIFORM TRANSFERS TO MINORS ACT

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

IMMIGRATION AND NATURALIZATION SERVICE (INS)

Formerly, the federal agency in the Department of Justice that administered and enforced immigration and naturalization laws. In 2003, however, the INS official... (more...)
Formerly, the federal agency in the Department of Justice that administered and enforced immigration and naturalization laws. In 2003, however, the INS officially ceased to exist, and its functions were taken over by various branches of the Department of Homeland Security, as follows:The new Bureau of Citizenship and Immigration Services (BCIS) handles immigration benefits, such as applications for asylum, work permits, green cards, and citizenship. The new Bureau of Immigration and Customs Enforcement (BICE) handles enforcement of the immigration laws within the U.S. borders. The new Bureau of Customs and Border Protection (BCBP) handles U.S. border enforcement (including the land borders, airports, and seaports).

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.

EASEMENT

A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as... (more...)
A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines or sewer lines. The owner of property that is subject to an easement is said to be 'burdened' with the easement, because he or she is not allowed to interfere with its use. For example, if the deed to John's property permits Sue to travel across John's main road to reach her own home, John cannot do anything to block the road. On the other hand, Sue cannot do anything that exceeds the scope of her easement, such as widening the roadway.

UNCONSCIONABILITY

A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.

YELLOW-DOG CONTRACT

An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

LOAN BROKER

A person who specializes in matching home buyers with appropriate mortgage lenders. For a fee--often paid by the lender--a loan broker provides any easy and eff... (more...)
A person who specializes in matching home buyers with appropriate mortgage lenders. For a fee--often paid by the lender--a loan broker provides any easy and effective way to find the cheapest mortgage rates.

SAMPLE LEGAL CASES

Marbob Energy Corp. v. OIL CONSERVATION COM'N

... As a result, our analysis is one of statutory construction, and we review the district court's decision upholding Rule 1227 de novo. See NM Indus. ... {7} Statutory construction is a question of law. State v. Romero, 2006-NMSC-039, ¶ 6, 140 NM 299, 142 P.3d 887. ...

Primetime Hospitality, Inc. v. Albuquerque

... (Primetime) had begun constructing a hotel on its Albuquerque property when it accidentally ruptured an encroaching City of Albuquerque (the City) waterline, causing it to incur excess construction costs and delaying the hotel's opening. ... C. EXCESS CONSTRUCTION COSTS. ...

Tafoya v. Rael

... Valerie TAFOYA, as personal representative of the Estate of Phillip Tafoya Jr., Plaintiff-Petitioner, v. Jason RAEL and Wilfred Rael, d/b/a Rael Excavation & Co., and Thomas Tafoya, d/b/a Chuby's Construction, Defendants-Respondents. No. 30,568. ...

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