Dona Ana Construction Lawyer, New Mexico
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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4131 Camino Coyote, Las Cruces, NM 88011
Profile LAWPOINTS™32/100
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Michael G. Paulowsky
Commercial Real Estate, Construction, Real Estate, Employee Rights
Status: In Good Standing
750 N 17Th St, Las Cruces, NM 88005
Profile LAWPOINTS™24/100
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LEGAL TERMS
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.
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 In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
CONSTRUCTIVE EVICTION
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
FAILURE OF CONSIDERATION
The refusal or inability of a contracting party to perform its side of a bargain.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
SUBSTITUTED SERVICE
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the h... (more...)
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.
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.
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.
LIMITED EQUITY HOUSING
An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with ... (more...)
An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with a low down payment. The catch is that when the owner sells, she gets none of the profit if the market value of the unit has gone up. Any profit returns to the organization that built the home, which then resells the unit at an affordable price.
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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