Edina Construction Lawyer, Missouri
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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109 S. Franklin, Kirksville, MO 63501
Profile LAWPOINTS™29/100
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109 S. Franklin, Kirksville, MO 63501
Profile LAWPOINTS™25/100
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Jonelda Lee Fortney
Power of Attorney, Landlord-Tenant, Estate Planning, Family Law
Status: In Good Standing Licensed: 17 Years
207 North 2Nd Street, Edina, MO 63537
Profile LAWPOINTS™17/100
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Monticello, MO 63457
Profile LAWPOINTS™17/100
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Brett Benjamin Bozarth
Real Estate, Motor Vehicle, Lawsuit & Dispute, Estate, Divorce & Family Law
Status: In Good Standing Licensed: 10 Years
405 Clark St, Canton, MO 63435
Profile LAWPOINTS™24/100
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113 W Court St, Kahoka, MO 63445
Profile LAWPOINTS™19/100
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111 S Baltimore St, Kirksville, MO 63501
Profile LAWPOINTS™30/100
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111 S. Baltimore, Kirksville, MO 63501
Profile LAWPOINTS™29/100
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Patrick E. Richardson
Workers' Compensation, Divorce, DUI-DWI, Wrongful Death
Status: In Good Standing
620 Rosewood Drive, Kirksville, MO 63501
Profile LAWPOINTS™29/100
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107 S Elson St, Kirksville, MO 63501
Profile LAWPOINTS™34/100
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Easily find Edina Construction Lawyers and Edina Construction Law Firms. For more attorneys, search all Real Estate areas including Timeshare, Eminent Domain, Foreclosure, Land Use & Zoning, Landlord-Tenant and Other Real Estate attorneys.
LEGAL TERMS
USUFRUCT
The right to use property -- or income from property -- that is owned by another.
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.
ESTOPPEL
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equit... (more...)
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equitable estoppelA type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position. For example, if a landlord agrees to allow a tenant to pay the rent ten days late for six months, it would be unfair to allow the landlord to bring a court action in the fourth month to evict the tenant for being a week late with the rent. The landlord would be estopped from asserting his right to evict the tenant for late payment of rent. Also known as estoppel in pais.estoppel by deedA type of estoppel that prevents a person from denying the truth of anything that he or she stated in a deed, especially regarding who has valid ownership of the property. For example, someone who grants a deed to real estate before he actually owns the property can't later go back and undo the sale for that reason if, say, the new owner strikes oil in the backyard.estoppel by silenceA type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage. For example, Edwards' Roofing Company has the wrong address and begins ripping the roof from Betty's house by mistake. If Betty sees this but remains silent, she cannot wait until the new roof is installed and then refuse to pay, asserting that the work was done without her agreement.estoppel in paisSee equitable estoppel.promissory estoppelA type of estoppel that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if the promise is broken. For example, Forrest tells Antonio to go ahead and buy a boat without a motor, because he will sell Antonio an old boat motor at a very reasonable price. If Antonio relies on Forrest's promise and buys the motorless boat, Forrest cannot then deny his promise to sell John the motor at the agreed-upon price.(2) A legal doctrine that prevents the relitigation of facts or issues that were previously resolved in court. For example, Alvin loses control of his car and accidentally sideswipes several parked cars. When the first car owner sues Alvin for damages, the court determines that Alvin was legally drunk at the time of the accident. Alvin will not be able to deny this fact in subsequent lawsuits against him. This type of estoppel is most commonly called collateral estoppel.
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.
SUBLEASE
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.
INVITEE
A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from d... (more...)
A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property. In an example of the perversion of legalese, social guests that you invite into your home are called 'licensees.'
NONDISCLOSURE AGREEMENT
A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper a... (more...)
A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization. Nondisclosure agreements are often used when a business discloses a trade secret to another person or business for such purposes as development, marketing, evaluation or securing financial backing. Although nondisclosure agreements are usually in the form of written contracts, they may also be implied if the context of a business relationship suggests that the parties intended to make an agreement. For example, a business that conducts patent searches for inventors is expected to keep information about the invention secret, even if no written agreement is signed, because the nature of the business is to deal in confidential information.
FAILURE OF CONSIDERATION
The refusal or inability of a contracting party to perform its side of a bargain.
MEMORANDUM
(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum-... (more...)
(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum--a document prepared by a junior associate in a law office or a judge's law clerk outlining the facts, procedural elements and legal arguments involved in a particular legal matter. These memos are reviewed by senior lawyers and judges who use them to decide how to proceed with the case. (2) Any written record, including a letter or note, that proves that a contract exists between two parties. This type of memo may be enough to validate an oral (spoken) contract that would otherwise be unenforceable because of the statute of frauds. (Under the statute of frauds, an oral contract is invalid if it can't be completed within one year from the date the contract is made.)
SAMPLE LEGAL CASES
Anderson v. Ken Kauffman & Sons Excavating
... Nicholas contends that the trial court engaged in unnecessary statutory construction
and failed to apply the plain language of the amended statute when it found that the
legislature did not intend to eliminate the exclusivity requirement. ...
Robinson v. Hooker
... Taylor, 73 SW3d at 622. 2. Statutory Construction. Prior ... "`A strict construction of a
statute presumes nothing that is not expressed.'" Id. (quoting Sutherland, supra.).
3. Strict Construction of Employer Immunity Provisions. Based ...
Turner v. State
... of Revenue, 850 SW2d 82, 84 (Mo. banc 1993)). The state next argues that even if the statute
is ambiguous, the ambiguity should be resolved through canons of construction other than the
rule of lenity, which should only be used in the event the other canons are inapplicable. ...
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