Download or read book Wisconsin Construction Lien Law Handbook written by Steve W. Martin and published by State Bar of Wisconsin. This book was released on 1991-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on Mechanics Liens written by Louis Boisot and published by . This book was released on 1897 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book florida construction law written by Steven M. Siegfried and published by Taylor & Francis. This book was released on 1986 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Law of Liens Common Law Statutory Equitable and Maritime written by Leonard Augustus Jones and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 1586 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Property Code written by Texas and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A State by state Guide to Construction Design Law written by Carl J. Circo and published by American Bar Association. This book was released on 2009 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is THE book you need if you're involved in multi-state construction and design projects. It outlines essential information about design and construction law and contracting in all 50 states plus DC and Puerto Rico. Information follows a standard format, offering quick comparisons of how different jurisdictions treat the same issue. Topics include licensing and regulation; mechanic's liens; financing; consumer protection; ADR; environmental matters; and statutory and case law governing contracting practices.

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book Fifty State Construction Lien and Bond Law written by Robert Frank Cushman and published by Wolters Kluwer. This book was released on 1995-12-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many experienced construction lien and bond attorneys have learned the hard way that a failure to comply with a seemingly minor requirement of a particular statute may threaten to void contractor’s or supplier’s rights under that statute. Fifty State Construction Lien and Bond Law, Second Edition is the first and only in-depth state by-state guide To The law and business of construction liens and bonds. This valuable reference covers not only the legal issues but also essential instructions and unique procedures for proper filing and follow through steps. Fifty State Construction Lien and Bond Law, Second Edition guides you through similar and contrasting requirements, both between public and private projects, within the same state and among the different states. You’ll get complete coverage of: Bid bonds Payment bonds Performance bonds Mechanics’ liens Forms for preserving both lien and bond rights in each of the 50 states This indispensable three-volume reference is written by leading construction lien and bond experts from each of the fifty states - as well as District of Columbia, Puerto Rico, Guam and American Samoa. it provides authoritative coverage of mechanics' liens, payment bonds, performance bonds and bid bonds, along with comprehensive coverage of the statutes and analysis of the key cases in each state. There's even a chapter on federal payment bond law. You also get an entire volume with the necessary forms for preserving liens and related payment remedies in all fifty states.

Download or read book Bulletin of the Bureau of Labor written by and published by . This book was released on 1912 with total page 1510 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bulletin of the Department of Labor written by and published by . This book was released on 1912 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reports of Cases Determined in the Supreme Court of the State of California written by California. Supreme Court and published by . This book was released on 1895 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Why Do Contractors Lie written by J.O.A.Maurice and published by Morgan James Publishing. This book was released on 2020-10-06 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Do Contractors Lie? gives real estate investors the necessary knowledge to approach the contracting process from a higher level of expertise. Real estate investor of many years, J. O. A. Maurice, equips investors with the appropriate and repeatable skills to hire the right contractors for the right jobs, at the right price, and for the right duration. In Why Do Contractors Lie?, Maurice lays out the appropriate and effective skills investors need so they don’t have to lose their investment due to a lying contractor. Within Why Do Contractors Lie?, real estate investors learn how to: Find a contractor they can trust Spot when contractors start to lie Make sure their project gets completed perfectly on time Avoid end-of-contract arguments or lawsuits Never again lose another investment because of terrible contractors

Download or read book Construction of New Hospitals Ability to Pay for Hospitalization Recruitment and Incentives for VA Medical Personnel written by United States. Congress. House. Veterans' Affairs Committee and published by . This book was released on 1957 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Pittsburgh Legal Journal written by and published by . This book was released on 1892 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing reports from Pennsylvania judicial districts and other leading decisions.

Download or read book The Northeastern Reporter written by and published by . This book was released on 1927 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.

Download or read book Construction Project Management written by Alison Dykstra and published by Kirshner Publishing Company. This book was released on 2018 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Project Management provides the reader with crucial background information often overlooked in other texts: The roles of the major players owners and designers, general and specialty contractors; Why contractors should avoid some jobs, and how to get the right ones; What bidding is, and why the low bid is not always the best bid; Why different types of construction contracts carry different levels of risk; Why cost estimates and schedules are keys to project success; How a contractor brings in a job on time and on budget; And much more: Alternative project delivery and BIM; Change orders and getting paid; MasterFormat; ConsensusDocs and AIA Documents; An expanded and updated introduction to Green Construction.