South Bend Construction Lawyer, Indiana
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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LEGAL TERMS
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.
DIRECT EXAMINATION
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.
GROSS LEASE
A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintena... (more...)
A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintenance, taxes and insurance. A gross lease closely resembles the typical residential lease. The tenant may agree to a 'gross lease with stops,' meaning that the tenant will pitch in if the landlord's operating costs rise above a certain level. In real estate lingo, the point when the tenant starts to contribute is called the 'stop level,' because that's where the landlord's share of the costs stops.
MARITAL DEDUCTION
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions a... (more...)
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.
ESCHEAT
The forfeit of all property to the state when a person dies without heirs.
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.
INHERITORS
Persons or organizations who receive property from someone who dies.
LIQUID ASSETS
Business property that can be quickly and easily converted into cash, such as stock, bank accounts and accounts receivable.
INURE
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across t... (more...)
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across the neighbor's property to get to the water. That right of way is said, cryptically, 'to inure to the benefit of Jim.'
SAMPLE LEGAL CASES
INDIANAPOLIS-MARION COUNTY v. CCL
... Specifically, TTE performed structural engineering services and CCL administered various
services for the project including reviewing and inspecting the construction plans and construction
progress to determine if construction was in general compliance with the construction ...
Center Townhouse Corp. v. City of Mishawaka
... Doordan, Marcia Rickard, Michael A. Nickol, Betty M. Nickol, Richard T. Johnson, and Jeffery
A. Greco ("Owners") brought an inverse condemnation action against the City of Mishawaka and
its Parks and Recreation Board (collectively "the City") relative to the construction of a ...
Reuille v. EE Brandenberger Const., Inc.
888 NE2d 770 (2008). Kirk REUILLE, Appellant (Plaintiff Below), v. EE BRANDENBERGER
CONSTRUCTION, INC., Appellee (Defendant Below). No. 02S04-0803-CV-124. ... Facts and
Procedural History. In 1997, Kirk Reuille and EE Brandenberger Construction, Inc. ...
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