La Veta Construction Lawyer, Colorado
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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Dennis Michael Malone
Construction, Litigation, Agriculture, Trusts
Status: In Good Standing Licensed: 51 Years
100 E Main St, Trinidad, CO 81082
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LEGAL TERMS
MULTIPLE LISTING SERVICE (MLS)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now b... (more...)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now be obtained by the public through websites like www.realtor.com.
BOND
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in ... (more...)
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in court, providing good title to a piece of real estate or completing a construction project. If the person who purchased the bond fails at his or her task, the bonding company will pay the aggrieved party an amount up to the value of the bond. (2) An interest-bearing document issued by a government or company as evidence of a debt. A bond provides pre-determined payments at a set date to the bond holder. Bonds may be 'registered' bonds, which provide payment to the bond holder whose name is recorded with the issuer and appears on the bond certificate, or 'bearer' bonds, which provide payments to whomever holds the bond in-hand.
LEGACY
An outdated legal word meaning personal property left by a will. The more common term for this type of property is bequest. Compare devise.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
NUISANCE
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)
Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.
BREACH OF CONTRACT
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'
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.
INDEPENDENT CONTRACTOR
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control ... (more...)
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control over how the work they are hired to do gets done; the person or company paying the independent contractor controls only the outcome--the product or service.
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
SAMPLE LEGAL CASES
GEN. SEC. IND. CO. v. Mt. States Mut. Cas.
... We affirm. In granting defendants' summary judgment motions, the trial court rejected GSINDA's
claims that defendants were obligated to contribute to the defense of GSINDA's insured, Foster
Frames, against a third-party construction defect complaint. ...
Specialty Restaurants Corp. v. Nelson
... A. Standard of Review & Statutory Construction. Statutory construction is a question of law we
review de novo. Williams v. Kunau, 147 P.3d 33, 36 (Colo.2006). ... Id. If the statute is reasonably
susceptible to multiple interpretations, we may look to other aids in construction. ...
Smith v. Executive Custom Homes, Inc.
... The Smiths sought review of the court of appeals' holding that their claims for personal injuries
under 1188 the Construction Defect Action Reform Act ("CDARA") began to accrue, for purposes
of the CDARA's two-year statute of limitations, on the date the Smiths discovered the ...
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