Mcpherson County, SD Construction Lawyers
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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Eureka, SD 57437
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Easily find South Dakota Construction Lawyers and South Dakota Construction Law Firms for your location. Narrow your Construction attorney search for South Dakota by major city or a specific South Dakota city using the city list. Or search for South Dakota Construction attorneys by county. 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
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
ADVERSE POSSESSION
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usua... (more...)
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usually include continuous and open use for a period of five or more years and paying taxes on the property in question.
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.'
STATUTE OF LIMITATIONS
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For... (more...)
The legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim, and often the state. For example, many states require that a personal injury lawsuit be filed within one year from the date of injury -- or in some instances, from the date when it should reasonably have been discovered -- but some allow two years. Similarly, claims based on a written contract must be filed in court within four years from the date the contract was broken in some states and five years in others. Statute of limitations rules apply to cases filed in all courts, including federal court.
BEQUEST
The legal term for personal property (anything but real estate) left in a will.
COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.
SETBACK
The distance between a property boundary and a building. A minimum setback is usually required by law.
APPRAISAL
A determination of the value of something, such as a house, jewelry or stock. A professional appraiser -- a qualified, disinterested expert -- makes an estimate... (more...)
A determination of the value of something, such as a house, jewelry or stock. A professional appraiser -- a qualified, disinterested expert -- makes an estimate by examining the property, and looking at the initial purchase price and comparing it with recent sales of similar property. Courts commonly order appraisals in probate, condemnation, bankruptcy or foreclosure proceedings in order to determine the fair market value of property. Banks and real estate companies use appraisals to ascertain the worth of real estate for lending purposes. And insurance companies require appraisals to determine the amount of damage done to covered property before settling insurance claims.
QUITCLAIM DEED
A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transfer... (more...)
A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transferred, however. For example, a divorcing husband may quitclaim his interest in certain real estate to his ex-wife, officially giving up any legal interest in the property. Compare grant deed.
SAMPLE LEGAL CASES
BOWES CONSTRUCTION v. Dept. of Transp.
[¶ 1.] Bowes Construction, Inc., a subcontractor hired to produce aggregate materials for three
asphalt paving projects, initiated this breach of contract action against the South Dakota Department
of Transportation. Under the subcontracts, Bowes was contractually obligated to produce ...
Discover Bank v. Stanley
... The purpose of statutory construction is to discover the true intention of the law which
is to be ascertained primarily from the language expressed in the statute. ... Id. The same
rule applies to construction of this Court's rules of civil procedure. ...
Baier v. Dean Kurtz Construction, Inc.
[¶2.] Kelly Baier began working for Dean Kurtz Construction (Kurtz) in 1987 as a carpenter's helper
and later as a lead man and job foreman. On September 24, 1999, Baier suffered an injury to
his low back while at work. The injury was work related and Kurtz's insurer at the time, ...
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