Juneau Construction Lawyer, Alaska

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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
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2. Email
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Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

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8420 Airport Blvd, Juneau, AK 99801

800-923-0641

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LEGAL TERMS

PROPERTY

See personal property, real estate, community property, separate 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.

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.)

USUFRUCT

The right to use property -- or income from property -- that is owned by another.

PATENT CLAIM

A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and ... (more...)

A statement included in a patent application that describes the structure of an invention in precise and exact terms, using a long established formal style and precise terminology. Patent claims serve as a way for the U.S. Patent and Trademark Office (PTO) to determine whether an invention is patentable, and as a way for a court to determine whether a patent has been infringed. In concept, a patent claim marks the boundaries of the patent in the same way as the legal description in a deed specifies the boundaries of the property.

LEASE

An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an ... (more...)

An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the 'lessor,' and the person using the property is called the 'lessee.'

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.

REAL PROPERTY

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that... (more...)

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that is not real property is termed personal property.

EXCULPATORY CLAUSE

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.

SAMPLE LEGAL CASES

Anderson v. Alyeska Pipeline Service Co.

... In response, Alyeska disagreed with Anderson's proposed method of statutory construction and maintained that it fell within the statutory definition of "project owner." It argued in the alternative that maintenance of the pipeline was a project and that it was a "project owner" even ...

Miller v. Treadwell

... rights to select their leaders and noting that "[c]ourts are reluctant to permit a wholesale disfranchisement of qualified electors through no fault of their own." [4] In reviewing and interpreting election statutes, we have uniformly held that "[w]here any reasonable construction ...

Lakloey, Inc. v. Ballek

211 P.3d 662 (2009). LAKLOEY, INC., Appellant, v. Jeffery BALLEK, White Eagle Construction, and White Eagle, Inc., Appellees. No. S-12961. Supreme Court of Alaska. July 10, 2009. ... The construction company sued to expunge the lien. ...

Juneau Construction Lawyer, Alaska

Sponsored Law Firm

Emalfarb, Swan & Bain

SPONSORED LAWYERS

Cory Winchell

Gregory F. Cook

Ann Gifford

TIPS

LEGAL TERMS

PROPERTY

EASEMENT

MEMORANDUM

USUFRUCT

PATENT CLAIM

LEASE

NOVATION

REAL PROPERTY

EXCULPATORY CLAUSE

SAMPLE LEGAL CASES

Anderson v. Alyeska Pipeline Service Co.

Miller v. Treadwell

Lakloey, Inc. v. Ballek

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