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- Homeowner Associations Be Aware And Wary Of The Marketable Record Title Act
Under current Florida law, there is a trap that can result in the expiration of the covenants for the community. Under the Marketable Record Title Act, Chapter 712 of Florida Statutes (“MRTA”), residential homeowners’ associations are required to preserve the integrity of the declaration for the entire community to retain the status of the declaration as the source of marketable title with regard to the transfer of a member’s residence.
- Failure to Disclose in California Real Estate Transactions
California places heavy legal responsibilities on the seller in a real estate transaction to provide “meaningful disclosures” about the property they are attempting to sell. The failure to disclose known defects or issues that affect the “value or desirability” of the property can result in substantial liability to seller and their agent(s), and often result in litigation. It is not appropriate for a seller to simply list a property “as-is.”
- California Indoor Air Quality and Sick Building Syndrome Litigation Attorneys
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
- Georgia's Right to Repair Act
Georgia's Right to Repair Act allocates specifics obligations, duties and rights to homeowners and home builders. And this article helps explain the process in an effort to avoid construction litigation.
- Exceptions to No Damages For Delay Clause
The majority of construction contracts include a provisions referred to as the "No Damages For Delay" clause; a well-drafted clause can limit a party's exposure to damages in the event of a delay on the project's schedule. Despite these provisions, there are exceptions to their enforceability.
- Court of Appeals of Georgia Confirms the Importance of a Well-Drafted Contract
In large construction projects, it is not unusual to have a joint venture between parties; when these joint venture agreements are terminated, however, the specific terms must be scrutinized. A recent Georgia Court of Appeals case discusses some important issues such as fiduciary responsibility, contract ambiguity, and indeminification.
- Georgia Court of Appeals Decides Against Material Supplier
A recent decision by the Georgia Court of Appeals has given homeowners loop-hole against lien claims as the lien claimant's summary judgment against the homeowner was reversed.
- How to File a Mechanics and Materialmen's Lien in Georgia
Contractors and suppliers, whose labor, services, equipment or materials were used to improve real estate, may be entitled to file a claim of lien under the Georgia Mechanics and Materialman's Lien Statute if they are not paid. Navigating this law, however, can be difficult so we have put together this step-by-step guide to help you understand the complexities of Georgia's Lien Laws.
- Georgia's Doctrine of Sovereign Immunity Does Not Prevent Surety from Suing State
In a very recent case, the Georgia Supreme Court upheld the lower courts' decisions to allow a performance bond company (who had to complete a public works project) to sue the State of Georgia for its default.
- Update your Credit Application Procedures Today
The recession has two valuable lessons for credit managers: First, even the best businesses can become significant credit risks, and, second, we have all had more practical experience in extending credit and collecting on past-due receivables. This article focuses on practical tips which credit managers can implement today to reduce the likelihood of nonpayment.