Wilsonburg Construction Lawyer, West Virginia
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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LEGAL TERMS
SPECIFIC PERFORMANCE
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.
FAILURE OF CONSIDERATION
The refusal or inability of a contracting party to perform its side of a bargain.
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.
SEVERABILITY CLAUSE
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.
ACT OF GOD
An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense aga... (more...)
An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense against liability for injuries or damages. Under the law of contracts, an act of God often serves as a valid excuse if one of the parties to the contract is unable to fulfill his or her duties -- for instance, completing a construction project on time.
BEQUEST
The legal term for personal property (anything but real estate) left in a will.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
ESCHEAT
The forfeit of all property to the state when a person dies without heirs.
EXECUTRIX
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.
SAMPLE LEGAL CASES
MOUNTAIN COMMUNITIES v. PUB. SERV. COM'N
MOUNTAIN COMMUNITIES FOR RESPONSIBLE ENERGY, Intervenor Below, Appellant v.
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Beech Ridge Energy, LLC; West
Virginia State Building and Construction Trades Council, AFL-CIO, Defendants Below ...
Mylan Laboratories v. AMERICAN MOTORISTS
... Also, the circuit court's order is based on its construction of the language in certain insurance
policies. ... Co., 159 W.Va. 508, 223 SE2d 441 (1976). However, "[t]he mere fact that parties do
not agree to the construction of a contract does not render it ambiguous. ...
BUILDERS'SERVICE AND SUPPLY CO. v. Dempsey
... SERVICE AND SUPPLY COMPANY, Plaintiff Below, Appellee, v. Christal M. DEMPSEY, a/k/a
Christal M. Smith, and Clark Sinclair, Sheriff of Taylor County, West Virginia, Defendants and
Third-Party Plaintiffs Below, v. Edward Charlton, d/b/a Charlton Construction, Third-Party ...
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