Lincoln County, NE Construction Lawyers, page 5


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

Amanda Marie Speichert

Criminal, Divorce & Family Law, Immigration
Status:  In Good Standing           

James E. Schneider

Social Security, Government, Estate Planning, Personal Injury
Status:  In Good Standing           

Wayne E. Griffin

Estate Planning, Elder Law, Banking & Finance, Credit & Debt
Status:  In Good Standing           

Allen L. Fugate

Commercial Real Estate, Trusts, Banking & Finance, Bankruptcy
Status:  In Good Standing           

Stephen W. Kay

General Practice
Status:  In Good Standing           

Frankie J. Moore

Housing & Construction Defects
Status:  In Good Standing           

Donald E. Rowlands

General Practice
Status:  In Good Standing           

Glynn Gary Wolar

General Practice
Status:  In Good Standing           Licensed:  39 Years

Tanya Kay Roberts-Connick

Juvenile Law, Other, Lawsuit, Criminal
Status:  In Good Standing           

Laura Elizabeth Troshynski

Business & Trade, Business, Bankruptcy, Bankruptcy & Debt
Status:  In Good Standing           

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LEGAL TERMS

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

APPRAISER

A person who is hired to determine the current value of real estate or other property.

LEASE OPTION

A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.

NONCOMPETITION AGREEMENT

An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.

ASSIGNMENT

A transfer of property rights from one person to another, called the assignee.

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.'

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.

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.

INCAPACITY

(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of abil... (more...)
(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of ability to understand one's actions when making a will or other legal document. (3) The inability of an injured worker to perform his or her job. This may qualify the worker for disability benefits or workers' compensation.

SAMPLE LEGAL CASES

Davis v. CHOCTAW CONSTRUCTION, INC.

Glen R. Davis brought this action against Choctaw Construction, Inc. (Choctaw), doing business as Mid-America Pump & Supply, alleging that his brief employment with the company was wrongfully terminated. After a bench trial and judgment in favor of Davis, Choctaw moved for a new ...

Lexington Insurance Company v. Entrex Communication Services, Inc.

... The contract between Hearst and Entrex was an American Institute of Architects (AIA) standard form of agreement, document A101-1997. The agreement incorporated another AIA standard form of general conditions of the contract for construction, document A201-1997. ...

R & D PROPERTIES, LLC v. ALTECH CONST. CO.

... 74. R & D PROPERTIES, LLC, appellant, v. ALTECH CONSTRUCTION CO., defendant and third-party plaintiff, and Thunn Construction, Inc., third-party defendant, appellees. No. ... R & D Properties, LLC (R & D), plaintiff, entered into a contract with Altech Construction Co. ...

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