"Alternative Clauses to Standard Construction Contracts, Fifth Edition provides instant access to amendments to AIA, AGC, EJCDC and Consensus DOCS for owners, architects and contractors. This unique resource covers all major documents in use throughout the construction industry and enables you to compare between the different documents. It delivers practice-proven amendments clause-by-clause. It tells you specifically what to insert and delete in order to reach the ends your client desires. And it goes so deep, it even covers contractors amendments for agreements with subcontractors." -publisher's description

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This book contains a detailed discussion and analysis of all aspects of ADR processes used in the construction industry including mediation, arbitration, DRBs, IDMs, and project neutrals. The book is unique in that it provides both practical advice and analysis from experts in construction ADR and citations to case law, treatises, and other publications. It is directed at the novice as well as the expert and will assist construction lawyers performing legal research as well as those looking for expert advice and analysis. For the first time, the Forum is including real time updates to the book at http://constructionadrbook.com. The newest cases, concepts, articles, and analysis dealing with each subject will be available immediately online.

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The construction lawyer regularly faces a wide variety of legal issues, some of which they do not see often in their law practice. Construction lawyers have long used checklists as a quick reference tool for drafting contracts, litigation, and providing advise to clients. The ABA Forum on the Construction Industry has drawn on the expertise of its members to present a unique collection of essential checklists that address the wide-ranging aspects of a construction practice. Construction Checklists: A Guide to Frequently Encountered Construction Issues contains more than 70 checklists, including more than 25 new additions since the 2008 previous edition. Each checklist has been developed to solve a practical need. Checklist topics include: Design Insurance Surety law International transactions Contract administration Labor and employment law Government contracting Bankruptcy Litigation issues, including discovery, opening statements and closing arguments False claims

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Whether preparing for a trial, formulating a claim for maximum effect, or evaluating a claim for purposes of settlement strategy, use Construction Damages and Remedies, Second Edition as your main reference. Key principles of damages in the construction context and the remedies that support them are distilled into a readable and accessible format, and summaries of the applicable law and practical advice in its applications are also included. Complete with Key Number references, the book extensively covers: • Remedies and damages related to bidding • Remedies and damages available to owners • Design professional liability to clients • Contractor and subcontractor remedies for breach • Tort damages, and much more.

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The first edition of this book was published almost ten years ago to provide a useful guide on construction defect law in the United States. The goal was to provide a useful analytical framework and starting point for research of specific issues confronting practitioners and their clients. The editors of the current edition have endeavored to achieve that same goal here. The three characteristics of the first edition remain unchanged. First, the book is organized to allow the reader to identify a construction defect issue and then follow the trail to meaningful discussion and research in several ways—by type of construction defect, by party, by type of claim, and by theory of liability or defense. Second, it provides guidance in specific areas of concern, such as insurance, limitations defenses, damages, dispute resolution, and preparing and presenting a case. Finally, the authors were selected for their expertise in the subject matters covered by their chapters, as well as for t…

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All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

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The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers. The book begins with an introduction to basic insurance and related construction delivery concepts, and also discusses insurance-related contract drafting considerations. Six subsequent chapters discuss each of the basic insurance products typically used for construction, with an emphasis on their place in the construction context -- commercial general liability insurance, builders risk, professional liability insurance, and pollution insurance. There's a chapter on the related concepts of construction contract indemnities and additional insured coverag…

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Written by leading construction law practitioners, the Forum on the Construction Law's newly updated textbook Construction Law, Second Edition meets the pressing need for a comprehensive law school textbook. It provides a complete orientation to the construction industry and its processes, and it can be used for introductory survey courses or more advanced courses oriented towards litigation or transactions. Construction Law, Second Edition examines the roles of the various participants in the construction process and the vocabulary essential to understanding its cases and legal principles. The book's logical development tracks the construction process in a chronological way. Taking a course that utilizes this book will help students prepare to successfully interview for construction law positions in law firms and it will provide a useful reference book for students who enter the practice of construction law.

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This book covers key legal concepts that architects, engineers, and contractors may encounter in a typical construction project.

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"Construction Law Handbook is a comprehensive, one-stop reference on the current state of the business of construction and construction law. Comprehensive in scope—yet highly accessible for everyday use—the Construction Law Handbook puts at your fingertips vital information and practice tips from an unrivaled panel of construction industry professionals—attorneys, accountants, construction consultants, and other key players with extensive industry expertise. Each chapter examines in detail a major legal or business issue confronting today’s construction professionals from the perspective of a seasoned expert (or team of experts) in that area." -publisher's description

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"This book provides a comprehensive survey of the major legal issues that arise in the course of a construction project. The structure of the book first focuses on the major participants on a project and the relationships and interests of each of participant. It then shifts to chapters on recurring themes in construction law such as the economic loss rule, calculation of damages, and defective construction. While making the concepts accessible for any reader, the book provides a logical structure for those teaching construction law to use as either the primary or supplemental reading for the course." - publisher's description

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The Construction Lawyer's Guide to Labor & Employment Law, Second Edition, is practical guide designed to help the construction practitioner understand the basics of the often complex area of labor and employment issues which frequently arise in the practice of construction law. This book offers the construction practitioner a quick overview of the fundamental aspects of labor and employment law, helps the non-specialist spot key issues, and provides a framework so the lawyer facing these issues can appreciate the need for more detailed factual and legal research as those situations occur. Written by practitioners for practitioners, this valuable handbook has been tailored especially to meet the unique information needs of construction lawyers. The text provides information on those areas of labor and employment law that come up most frequently in these situations, beginning with an overview of the National Labor Relations Act. Other chapters focus on collective bargaining, immigration…

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A construction project is an especially complicated undertaking|requiring contributions from many participants with diverse skills and capabilities. This new book examines the legal relationships between the many parties in a typical construction project including general contractors|subcontractors|suppliers|and designers|among others. As with the projects on which these parties work|the relationships|rights|obligations|and remedies among them can|and often do|get quite complicated. Construction Subcontracting: A Comprehensive Practical and Legal Guide brings together a team of experienced attorneys to examine this subject with both a breadth and depth of coverage. Topics include the subcontract document and performance; insurance|bonding and licensure; disputes and different methods for resolution; special project issues|including public projects|alternative delivery methods|and green/sustainable building; and other contracting arrangements.

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All projects began with an idea, a concept, and a design. The ability to bring these artful projects to reality through construction is based on the foundation of design services of architects and engineers. With each of these projects, however, comes incredible risk and the fundamental duty to protect the lives, safety, and welfare of those that build and occupy these structures. Every construction project carries these fundamental duties and risks, regardless of its size and complexity. This book serves as an essential tool to educate design and construction professionals, and the legal professionals who consult with them. This update expands on the previous edition, Design Professional and Construction Manager Law , by focusing entirely on the fundamental and emerging laws applicable to design professionals. It covers the fundamental issues that the field of construction law brings to any project, and examines the new legal issues that emerge from advancements in the design and con…

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Discovery is critical to achieving success in resolving disputes, even if the case is never tried to verdict, as is typical with construction disputes. This deskbook outlines the discovery process as it pertains to the unique nature of construction disputes, from its inception prior to formal litigation, to the planning and conduct of discovery through the classic means of document production, interrogatories and depositions.

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In today's litigious world, it is not a guarantee that a construction project will not end up in litigation or arbitration. And because of the complexities involved in a construction project, a typical judge, jury member or arbitrator may not possess the expertise to grasp some of the nuances of construction issues. In order to be fair, the judge, jurors or arbitrators will need to hear and see evidence produced by forensic technical experts who possess the knowledge and skill to identify, investigate, and analyze problems, and then clarify the issues and give testimony that will facilitate a just decision. This book seeks to examine the issues surrounding expert witnesses or consultants who help present or defend a claim or case. This book will: assist those who wish to become a forensic expert witness in construction; assist those who already are, and who wish to become a better forensic expert witness in construction; and assist those who engage forensic expert witnesses so that th…

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An encyclopedia that examines the history and hotly contested debates surrounding the concept and practice of civil liberties.

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The federal government has been and will likely continue to be the largest purchaser of construction services in the world. Because most construction lawyers will handle federal government contract cases at some point in their careers, Federal Government Construction Contracts, Third Edition provides an invaluable guide through the myriad of federal government contract regulations, clauses, and case law can present problems and pitfalls for nongovernment contract practitioners. Federal Government Construction Contracts, Third Edition provides the construction practitioner with a strong understanding of the detailed regulations developed by the government that rule almost every aspect of construction contracting, from procurement of the construction services to final payment under the contract to the standard contract clauses that provide for a reasonable allocation of risk between the government and the contractor. Regulations governing compliance, and the prevention of fraud, wast…

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"Here's the only state-by-state guide to construction liens and bonds! This indispensable reference is written by leading construction lien and bond law experts from each of the fifty states (as well as from the District of Columbia and Puerto Rico). 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'll find valuable information regarding local lien and bond law requirements and unique procedures for proper filing and follow-through, So that you won't jeopardize your claim. Fifty State Construction Lien and Bond Law guides you through the similar and contrasting requirements both between public and private projects within the same state and among the different states. You also get all the necessary forms for preserving liens and related payment remedies, As well as guidance on how to u…

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Saving money. Using resources wisely. Building more durable projects that require less maintenance and upkeep. Protecting water supplies, trees, and farmland. These are all noble goals--but what if they could be pursued in one project? How do communities and private developers work collaboratively, to meet public and private interests and to create spaces where people want to live and work? Sustainable development is intended to prevent the permanent damage or loss of resources as well as incorporating methods that reduce the rate of consumption of resources. In its many forms, sustainable development and environmentalism are increasingly important for commercial, governmental, and social issues. Helping meet the need for current, accessible information on this growing area of law and practice, Foundations of Sustainable Development provides a hands-on guide to understanding sustainable development concepts and projects. Written for both public and private entities embarking upon sus…

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Twenty-seven construction lawyers collaborate to impart expert information across all areas of construction law. Fundamentals of Construction Law|Second Edition is the definitive primer on the subjects that are at the heart of every construction law dispute. In depth analysis explains the key principles of construction law|making this book a "must have" for any lawyer practicing in this area|particularly those new to the field. Its scope is unique among construction treatises|because it explains the perspectives of the various "players" - owner|designer|constructor|and surety|as well as discussing key contract provisions.

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Evolving past a trend and into an integral issue in design and construction, green building and sustainable development practices are now integral issues in design and construction. Green Building and the Construction Lawyer provides explanations and insights into issues that all construction lawyers should understand in order to meet their client's needs and expectations. Green building presents unique issues associated with legislation, design and construction practices, contract drafting, insurance, and even litigation and dispute resolution, among others. Green Building and the Construction Lawyer offers a primer focused on the special needs of the construction practitioner, and includes advanced tips and commentary key issues. Written by preeminent authorities in the area of green building, the book opens with a basic description of green building practices and definitions and the sources of laws that have evolved to regulate it. This part also discusses the LEED program and con…

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"Historic Preservation Law in a Nutshell provides the leading in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Click here to read a book review of the first edition from the National Trust for Historic Preservation." - publisher's description

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Infrastructure from the Ground Up: Civil Engineering Works for Lawyers focuses on horizontal construction---the infrastructure and civil engineering works that are prevalent in our daily lives. We have reached an age when large amounts of this national infrastructure are coming to the end of their useful lives|requiring substantial amounts of money for investment in repair and replacement. Significant construction projects mean significant legal organization and planning|as well as construction disputes. Infrastructure from the Ground Up: Civil Engineering Works for Lawyers provides lawyers with valuable|detailed information on the basics of the major types of infrastructure projects. Understanding the fundamental concepts of these projects gives an attorney an advantage in effectively representing their client.

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? Understand how a building is built, from the foundation to the roof. This updated guide to practical construction technology explains: Building materials and systems Construction means and methods Construction terminology Includes many photographs, drawings and figures - plus glossaries and bibliographies. MORE Sticks and Bricks brings together in one volume the expertise of nationally recognized engineers, architects and contractors who explain in clear language their areas of building technology. No matter what your level of expertise, this guide pulls together the basics of constructing a building and presents it in a practical format.

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"This is your complete guide to hiring independent contractors to meet your business needs, from making sure you comply with state labor and antidiscrimination laws to protecting your intellectual property to drafting and signing agreements. Working With Independent Contractors also has everything you need to know to make sure that any independent contractor you hire is not considered your employee. Lawsuits in this area are very expensive. This book educates employers about how to hire employees legally, without risking legal trouble. With this book you can avoid misclassifying workers and learn how to: create a valid contract; assess who qualifies as an independent contractor, and; handle an IRS audit. Includes all the legal forms you need, all forms are now downladable at nolo.com"--

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Eminent domain has a long and distinguished legal history, dating from the first limits on sovereign power in the Magna Carta. Just compensation is a newer concept, and court decisions such as Kelo v. New London make the exercise of eminent domain controversial. Can government condemn property to increase its tax base? Can the state transfer property from one private owner to another for incidental public benefit, and does this constitute "public use"? While eminent domain traditionally was used to acquire property for roads, waterways, defense installations, government and public buildings, and the interstate highway system, it has recently been a favored tool in developing urban areas, creating shopping malls, and building big-box retail stores. Eminent Domain: A Handbook of Condemnation Law is written by leaders in the field and will introduce general practitioners working for condemnors and property owners alike to the many intricacies of condemnation practice.

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A single resource for eminent domain practitioners, this guide is a reference for questions about eminent domain and condemnation procedure in every state and the District of Columbia. Each state outline is organized in the following manner: • Who is Eligible to Condemn? • What can be Condemned? • The Condemnation Proceedings • Procedure to Challenge Condemnation • Inverse Condemnation • Just Compensation Issues • How are Various Ownership Interests Treated? • Abandonment • Attorney's Fees and Costs William G. Blake, Editor Casey Pipes, and Robert J. Will, Committee Co-Chairs

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The book supports and supplements students' understanding of property and its role in the law school curriculum.

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An extensive, 18-volume treatise on the governmental power to take private property for public use.

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"Regulatory Takings provides clear, yet trenchant analyses of the federal and state constitutional principles that arise when expanding land use regulations clash with the right of citizens to receive just compensation when their property is taken." - LexisNexis's description

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Since 2008, 2.2 million U.S. homes have been sold via short sales, providing financial relief to strapped homeowners and opportunities for savvy buyers and investors. In a short sale, the lender accepts less than the full amount owed on the mortgage and releases the homeowner from any future payments. The ABA Consumer Guide to Short Sales explains in plain understandable languange, how a consumer can make the most out the federal program governing short sales, the Home Affordable Foreclosure Alternative, and how a buyer can purchase a short-sale property at less than market value. The book translates technical guidelines into an easy-to-understand, practical resource that will help homeowners and potential buyers to evaluate whether a short sale transaction is the right choice for their circumstances and to discuss the short sale option knowledgably with their lenders. What's more the book is published by the ABA, so you can be sure that the information cobatined in it is unbiased, an…

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This title, focused on litigation, outlines foreclosure-related law and offers defensive strategies that attorneys can use to assist homeowners facing foreclosure proceedings.

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"Facing foreclosure? Put together a plan. Take action. If you're having trouble making your mortgage payment or are in jeopardy of foreclosure, this guide will give you the practical information you need, including: the ins and outs of foreclosure procedures, with state-by-state information, how to decide whether you should try to keep your house, and using bankruptcy to buy time or save your home." - publisher's description

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With a foreclosure crisis looming, attorneys and homeowners alike will benefit from the straightforward information and advice this volume offers about foreclosure procedures and defenses.

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"This book offers a comprehensive and accessible introduction to Article 9 of the Uniform Commercial Code. It covers secured transactions from A to Z with examples and answers that will enable students to test their knowledge and find the answers to the many conundrums in Article 9." - publisher's description

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This comprehensive guide provides a succinct review of real estate finance.

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This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction.

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"Hagedorn’s Secured Transactions in a Nutshell provides extensive coverage of the 1999 version of UCC Article 9, now enacted by all states. Coverage of the 1972 version of Article 9 and pre-code law is included to provide historical perspective. The text covers: The scope of Article 9; The security agreement and attachment of the security interest; Relationship of the debtor and secured party prior to default; Perfection of the security interest by filing and other means; Multistate choice of law and perfection issues; Priority of the secured party and others in and out of bankruptcy; Default and enforcement of the security interest." - publisher's description

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"Struggling with debt? Find solutions here. Get out of debt and rebuild your credit. With the step-by-step guidance in this book, you can regain financial freedom by: stopping debt collector harassment cold, negotiating your debt with creditors, reducing your student loan payments, creating a healthy financial plan, wiping the slate clean with bankruptcy. Take the first steps toward living debt-free!" - publisher's description

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"This product provides a concise yet comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods. In addition, the text makes it possible for readers to see how the various articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, references to relevant authority, and intuitive system of cross-referencing all contribute to its ease of use. This eighth edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013." - publisher's description

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"This book offers a comprehensive and accessible introduction to Article 9 of the Uniform Commercial Code. It covers secured transactions from A to Z with examples and answers that will enable students to test their knowledge and find the answers to the many conundrums in Article 9." - publisher's description

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"This treatise deals with the seizure of personal property, including car repossessions, seizure of manufactured homes, repossession of rent-to-own appliances, and threats to seize household goods. The treatise covers seizures pursuant to loan, credit sale, and lease agreements, and pursuant to artisan and other statutory liens. The focus is on consumer law, including security interests in consumer goods, consumer leases, and liens on consumer property." - publisher's description

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"Hagedorn’s Secured Transactions in a Nutshell provides extensive coverage of the 1999 version of UCC Article 9, now enacted by all states. Coverage of the 1972 version of Article 9 and pre-code law is included to provide historical perspective. The text covers: The scope of Article 9; The security agreement and attachment of the security interest; Relationship of the debtor and secured party prior to default; Perfection of the security interest by filing and other means; Multistate choice of law and perfection issues; Priority of the secured party and others in and out of bankruptcy; Default and enforcement of the security interest." - publisher's description

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"Struggling with debt? Find solutions here. Get out of debt and rebuild your credit. With the step-by-step guidance in this book, you can regain financial freedom by: stopping debt collector harassment cold, negotiating your debt with creditors, reducing your student loan payments, creating a healthy financial plan, wiping the slate clean with bankruptcy. Take the first steps toward living debt-free!" - publisher's description

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"This product provides a concise yet comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods. In addition, the text makes it possible for readers to see how the various articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, references to relevant authority, and intuitive system of cross-referencing all contribute to its ease of use. This eighth edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013." - publisher's description

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"This reference guide provides an authoritative summary of personal property that will enhance your ability to distinguish between title and possession. Teaches by example, using a set of readily understandable situations. Also includes the origins of substantive rules of law and procedure." - publisher's description

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"Cases and statutory law are updated and the material reorganized; conforms with modern law school courses in real property. Chapters open with brief outlines of the law encompassed within, providing an overview of rules in that area. This is followed by a series of factually-based problems designed to generate thoughts about how these rules could be applied in real life situations. Chapters then discuss statements of applicable law and analysis of legal issues raised, plus likely outcomes and current citations of the various laws." - publisher's description

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"This treatise deals with the seizure of personal property, including car repossessions, seizure of manufactured homes, repossession of rent-to-own appliances, and threats to seize household goods. The treatise covers seizures pursuant to loan, credit sale, and lease agreements, and pursuant to artisan and other statutory liens. The focus is on consumer law, including security interests in consumer goods, consumer leases, and liens on consumer property." - publisher's description

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A book that covers the legal rights of young adults in all aspects of their daily lives such as at home, at school and on the job. The third edition includes information on emerging topics such as cyber-bulling and sexting as well as recent changes to laws on privacy and LGBTQ rights.

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Since 2008, 2.2 million U.S. homes have been sold via short sales, providing financial relief to strapped homeowners and opportunities for savvy buyers and investors. In a short sale, the lender accepts less than the full amount owed on the mortgage and releases the homeowner from any future payments. The ABA Consumer Guide to Short Sales explains in plain understandable languange, how a consumer can make the most out the federal program governing short sales, the Home Affordable Foreclosure Alternative, and how a buyer can purchase a short-sale property at less than market value. The book translates technical guidelines into an easy-to-understand, practical resource that will help homeowners and potential buyers to evaluate whether a short sale transaction is the right choice for their circumstances and to discuss the short sale option knowledgably with their lenders. What's more the book is published by the ABA, so you can be sure that the information cobatined in it is unbiased, an…

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A practical and quick guide to the basic concepts of real estate finance, the newly updated Anatomy of a Mortgage also provides valuable techniques and issues to consider in order to successfully deal with these loan provisions when they are engaged to represent borrowers in closing such loans. This information is essential for a lawyer to know and understand in order to provide effective counsel to borrowers in a commercial real estate loan. Author Lawrence Uchill, a veteran real estate attorney, draws on his experience by providing a detailed analysis of key provisions contained in real estate mortgages and several other related mortgage loan documents. The book uses many provisions which were previously utilized in the Federal National Mortgage Association ("Fannie Mae") Deed of Trust form for multifamily housing, but it adds to those provisions and includes others that are also commonly used in commercial real estate loan transactions. The author's analysis is based on provisions…

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This book is intended for professionals who are beginning the process of learning about the federal low-income housing tax credit (Housing Credit, also known as LIHTC). Even the most capable student cannot obtain a working knowledge by reading one or even several publications on the subject. The rules and practices are too complex, particularly those governing compliance. But every journey starts somewhere, and this book will help with your first application/allocation/closing/property—whichever role brings you to this industry.

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This updated edition of an ABA bestseller provides a step-by-step, solution-oriented look at the environmental and economic challenges of redeveloping contaminated property. Beginning with a thorough explanation that puts brownfields redevelopment into a current context, Brownfields then focuses on the most important legal, business, financial, and political issues associated with redeveloping contaminated real estate. This guide provides exceptional insights and strategic advice from experts in various disciplines – a template for getting the brownfields deal done. Other major parts of the book include discussions about the basic science for dealing with contaminated property appropriately and effectively, and a final section that offers detailed and current information about the most important elements of each state's voluntary cleanup program. Brownfields provides the detailed background necessary to make informed decisions and offers practical advice for implementing effective stra…

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"With the number and complexity of commercial real estate transactions reaching unprecedented levels, professionals in this high-stakes industry face a daunting task: keeping up with the constant legal and regulatory changes that can impact every phase of a deal. Commercial Real Estate Transactions Handbook will help you plan, negotiate and close deals using the insights and strategies of nationally recognized real estate attorney Mark Senn and over 20 experts in the field. Collectively, the editor and contributors have handled virtually every possible variation of commercial real estate transactions. " -publisher's description

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From Pulitzer Prize winning author Matthew Desmond, this books offers an eye-opening glimpse into the struggles of some of our country’s most impoverished citizens and shows how evictions can leave a lasting and damaging effect on people’s lives.

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Explaining the lawyer's critical role in documenting, reviewing, and negotiating the real estate transaction, this useful mentoring guide includes valuable sample language, examples taken from practice, and insightful tips and techniques for how to assist that client to make and close the deal. Author Sidney G. Saltz, a veteran real estate lawyer, draws upon his years of practice lawyer to describe the typical situations and stages of a deal and how to get it closed, including: The role of the real estate broker and how to develop a lawyer-broker relationship that will benefit the client Pre-documentation documents: the term sheets letters of intent, or loan commitment Documenting the transaction and creating the ""law"" of the deal Reviewing and analyzing documents, illustrated by sample concerns and questions Effective rules for communicating comments to the client and to the counterpart lawyer, preparation for negotiation, and negotiating to documents Other issues, including due di…

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Whether you are looking to open a real estate practice, or just looking to expand your current practice, Getting Started as a Real Estate Attorney is your one-stop resource. Author Joseph R. Fortunato moves beyond the typical "how-to guide" and highlights the many practice areas that fall under the term "real estate attorney." With a strong focus on residential transactions, this book covers: What a real estate lawyer is, and how one goes about becoming one Discovering your sources of business Understanding the many real estate contracts Attorney review and inspection provisions The interplay of real estate law with other areas of the law And more!

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Hydraulic Fracturing identifies the major legal issues raised by hydraulic fracturing, including the transactional, regulatory, and litigation issues that are most relevant to the real estate and environmental law practitioner. In addition, the authors thoughtfully discuss the current state of the law relating to hydraulic fracturing while providing invaluable practical suggestions to lawyers representing clients in real property transactions.

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"The law and regulation surrounding real estate brokerage continue to reflect changes in the economics and behavior of brokers, agencies, and their clients. Burke's "Law of Real Estate Brokers," your most dependable source on this complex and ever-changing body of law, is organized around the most frequently litigated provisions of brokerage listing agreements, and covers such important issues as: unauthorized practice of law; duty to inspect; implied warranties of habitability; the law of torts as it applies to brokers; property condition disclosure forms; salespersons as independent contractors or litigators; brokers' commissions in bankruptcy proceedings; broker's liability for disclosure to third parties of financial information about purchasers; buyer's brokerage; Quantum Meruit claims; RESPA anti-kickback provisions." -publisher's description

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Producing and maintaining quality affordable housing is not an intractable social problem but one that requires putting together the essential pieces of the puzzle -- a development concept responsive to community needs, suitable land, permissive land use regulations, adequate government funding programs, and creative public-private partnerships.

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Mortgage Lending examines federal and state restrictions on the origination and terms of mortgage loans, and federal preemption of the state restrictions. It focuses on underwriting, appraisals, mortgage brokers, third-party fees, interest rates and other loan terms, reverse mortgages and other less common types of mortgages, and litigating mortgage lending claims.

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This e-book covers the essentials of buying your first home - from figuring out what you want and need all the way to closing and moving in. In addition to practical advice, it also includes downloadable forms, letters, worksheets, checklists, and questionnaires.

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For proven guidance, tips and techniques for handling a commercial real estate deal, turn to the revised and expanded edition of A Practical Guide to Commercial Real Estate Transactions. Logically organized to help you negotiate and close the deal, this readable guide follows all of the steps of a transaction in the order in which they generally arise and offers pertinent advice, practice comments, and sample forms. Because much of the real estate lawyer's practice revolves around transactional documents, the book emphasizes the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, A Practical Guide to Commercial Real Estate Transactions offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time it serves as a valuable reference for more seasoned attorneys as well as those whose…

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Interest and investment in wind energy project development is increasing steadily in the United States, with development ranging from small and community projects to distributed and utility-scale wind projects. A Practitioner's Guide to Real Estate and Wind Energy Project Development is a focused, practice-oriented guide that provides a straightforward explanation of the process of developing a wind project with a step-by-step discussion of the basic legal documents involved in putting a wind energy project together. Author Kathleen K. Law examines the many types of legal issues involved with developing a wind project, focusing specifically on the issues most important to real estate lawyers advising clients in this evolving area.

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This nutshell provides a quick overview of real estate finance law and touches on the mortgage market, real estate financing devices, and the underlying obligation as well as rights and obligations after default and before foreclosure. Available as an e-book in West Academic.

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"This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction. The Sixth Edition provides a comprehensive update of relevant case law, legislation, and regulation since publication of the Fifth Edition in 2007. This update includes: A thorough and up-to-date revision of the material on judicial and nonjudicial foreclosure; New material on “short sales” and “loss mitigation”; A comprehensive revision of the material on securitization and the ownership, transfer, and enforcement of securitized mortgage loans; A comprehensive revision of materials on governmental intervention in the mortgage market, including new material on the…

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Section 47 of the Internal Revenue Code of 1986, as amended (the "Code"), allows taxpayers to claim a credit (the "Rehabilitation Tax Credit") for certain expenses incurred in connection with the rehabilitation of older or historic buildings. The amount of the credit is 20 percent of the "qualified rehabilitation expenditures" incurred in connection with a "certified rehabilitation" of a "certified historic structure" or 10 percent of the qualified rehabilitation expenditures incurred with respect to a nonresidential building placed in service before 1936. A certified historic structure is a building that either is listed as such in the National Register of Historic Places (the "National Register") or is located in a "registered historic district" and is certified by the Secretary of the Interior (the "Secretary"), acting through the National Park Service (the "NPS"), as being of historic significance to the district. A registered historic district includes any district listed in the N…

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"No matter whether you're planning to pass on a cottage to your children, or you've inherited a cabin with your siblings, it's never too early to take steps to preserve a beloved family property for generations to come. Shared ownership of vacation property-especially when the co-owners are family members-can be fraught with problems. The idyllic dream of a cottage getaway can be shattered when co-owners' emotions, financial concerns, and opinions on how the property should be used come into play. Fortunately, a solid plan that dictates how the property will be owned and managed can prevent squabbles over the family cottage. Saving the Family Cottage lays out a roadmap for creating and implementing this plan. It also explains the possible pitfalls of co-owing a family vacation property, and provides time-tested guidance on how to: keep the peace among heirs; prevent a family member from forcing a sale of the property; keep your vacation home out of the hands of in-laws and creditors, a…

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This easy-to-read e-books guides you through selling your house - from getting ready to sell, setting a price, staging the house, all the way through finalizing the sale and closing.

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Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure presents a concise introduction to the legal and business considerations involved in real estate loan workouts. It is designed to aid lenders, borrowers and their legal counsel in confronting the variety of issues encountered in working out an acceptable solution to the dilemma posed by a loan in default.

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Title insurance is an increasingly complex and critical factor in real estate transactions, and lawyers must be prepared to play equally critical roles as advisors to their clients. This updated and expanded edition of Title Insurance: A Comprehensive Overview of the Law and Coverage provides practical tools and essential information for real estate attorneys who need to understand title insurance coverage and who want to secure optimum coverage for their clients. This new edition will help you: Compare and contrast 2006 ALTA policies and othertitle insurance policies Outline commonly used title insurance endorsements, including ALTA and CLTA endorsements Understand the state laws relating to title insurance through easy-to-understand charts and checklists Comprehend the title insurance provisions through the included commentaries after each provision Title Insurance is a valuable, single-source guide covering the provisions and statutes of title insurance for all 50 states and the…

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This invaluable practical resource provides a thorough introduction to the legal and policy issues associated with vacant and problem properties, how to take action to revitalize them, and how to frame effective and defensible local ordinances and regulations. It also addresses the benefits and challenges of creating land banks, the regulatory issues involved with dealing with brownfield properties, the importance of developing sound demolition strategies, and the value of greening or nondevelopment reuse strategies.

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"This book, suitable as a primer for foreign LLMs — or as an introductory survey for American students of both procedural and substantive law — is a comprehensive, though concise, survey of the American legal system — its structure and its methodology." - publisher's description

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The authoritative classic guide to commercial law through the early 20th century.

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"Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers." -publisher's description

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"Trustworthy and modern source on property laws surveys estates in land—present, future, and concurrent, comparable interests in personalty, landlord and tenant law, and rights against neighbors and other third persons. Also examines easements and profits, running covenants, governmental controls on land use, land contracts, conveyances, titles, and recording systems. Contains footnote citations to leading court decisions for easy location of primary authority." - publisher's description

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"This title is a comprehensive, one-volume introduction to the modern law of real property. Each chapter begins with an overview of rules and concepts, followed by a series of problems and exercises designed to demonstrate how the rules and concepts apply in real situations. Each problem is followed by a comprehensive analysis of the legal issues raised, including citations of the relevant cases and statutes. This edition has been fully updated to reflect current developments." - publisher's description

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The book supports and supplements students' understanding of property and its role in the law school curriculum.

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"Widely cited in appellate and state supreme courts, this best-selling handbook offers clause-by-clause analysis of the standard title insurance policy (based on the American Land Title Association Model Policies), with detailed discussion of all significant new and leading cases as issues arise." -publisher's description

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"This classic monograph presents a simple, concise and readable text of the history of the English common law scheme of estates in land, including future interests, and the scheme’s importation to the United States. The text specially treats the types of interests a person can hold in land today and the associated legal rules that affect those interests. The text is peppered with many review problems to assist the reader in learning the material in the monograph." - publisher's description

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This e-book provides information about your legal rights and responsibilities as a neighbor.

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"Cases and statutory law are updated and the material reorganized; conforms with modern law school courses in real property. Chapters open with brief outlines of the law encompassed within, providing an overview of rules in that area. This is followed by a series of factually-based problems designed to generate thoughts about how these rules could be applied in real life situations. Chapters then discuss statements of applicable law and analysis of legal issues raised, plus likely outcomes and current citations of the various laws." - publisher's description

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An introduction to property law and theory presented in an approachable, plain-English style.

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"This concise work discusses most rules covered in real property casebooks. The text is divided into three sections. Part One provides an overview of property interests by covering lost v. mislaid v. abandoned property, adverse possession, gifts, common law estates, future interests, landlord-tenant law, concurrent ownership, marital property rights, easements, profits, licenses, real covenants, and equitable servitudes. Part Two covers conveyancing, including real estate brokers, contracts of sale, deeds, recording, title insurance, and mortgages. Part Three covers a variety of property rights and liabilities, including airspace, water rights, the right to support, agreed boundaries, fixtures, trespass, nuisance, and land use regulation." -publisher's description

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This efficient and effective guide to property takes difficult subject matter and makes it accessible and easy to remember.

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This CLE course is great for attorneys who represent property owners' associations - more commonly known as HOAs or condo associations. Various attorneys offer their perspective and practical advice on key issues related to HOA law in Texas.

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This e-book from Nolo Press offers a variety of downloadable, editable legal forms for everyday situations such as borrowing & lending money, delegating authority to care for children or pets, buying & selling property, handling personal finances, and many more common situations.

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For proven guidance, tips and techniques for handling a commercial real estate deal, turn to the revised and expanded edition of A Practical Guide to Commercial Real Estate Transactions. Logically organized to help you negotiate and close the deal, this readable guide follows all of the steps of a transaction in the order in which they generally arise and offers pertinent advice, practice comments, and sample forms. Because much of the real estate lawyer's practice revolves around transactional documents, the book emphasizes the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, A Practical Guide to Commercial Real Estate Transactions offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time it serves as a valuable reference for more seasoned attorneys as well as those whose…

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Interest and investment in wind energy project development is increasing steadily in the United States, with development ranging from small and community projects to distributed and utility-scale wind projects. A Practitioner's Guide to Real Estate and Wind Energy Project Development is a focused, practice-oriented guide that provides a straightforward explanation of the process of developing a wind project with a step-by-step discussion of the basic legal documents involved in putting a wind energy project together. Author Kathleen K. Law examines the many types of legal issues involved with developing a wind project, focusing specifically on the issues most important to real estate lawyers advising clients in this evolving area.

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This efficient and effective guide to property takes difficult subject matter and makes it accessible and easy to remember.

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This is a treatise covering the laws and regulations of delivery of electricity, gas and telecommunications services.

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"Alternative Clauses to Standard Construction Contracts, Fifth Edition provides instant access to amendments to AIA, AGC, EJCDC and Consensus DOCS for owners, architects and contractors. This unique resource covers all major documents in use throughout the construction industry and enables you to compare between the different documents. It delivers practice-proven amendments clause-by-clause. It tells you specifically what to insert and delete in order to reach the ends your client desires. And it goes so deep, it even covers contractors amendments for agreements with subcontractors." -publisher's description

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"This book, suitable as a primer for foreign LLMs — or as an introductory survey for American students of both procedural and substantive law — is a comprehensive, though concise, survey of the American legal system — its structure and its methodology." - publisher's description

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A practical and quick guide to the basic concepts of real estate finance, the newly updated Anatomy of a Mortgage also provides valuable techniques and issues to consider in order to successfully deal with these loan provisions when they are engaged to represent borrowers in closing such loans. This information is essential for a lawyer to know and understand in order to provide effective counsel to borrowers in a commercial real estate loan. Author Lawrence Uchill, a veteran real estate attorney, draws on his experience by providing a detailed analysis of key provisions contained in real estate mortgages and several other related mortgage loan documents. The book uses many provisions which were previously utilized in the Federal National Mortgage Association ("Fannie Mae") Deed of Trust form for multifamily housing, but it adds to those provisions and includes others that are also commonly used in commercial real estate loan transactions. The author's analysis is based on provisions…

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This book is intended for professionals who are beginning the process of learning about the federal low-income housing tax credit (Housing Credit, also known as LIHTC). Even the most capable student cannot obtain a working knowledge by reading one or even several publications on the subject. The rules and practices are too complex, particularly those governing compliance. But every journey starts somewhere, and this book will help with your first application/allocation/closing/property—whichever role brings you to this industry.

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This updated edition of an ABA bestseller provides a step-by-step, solution-oriented look at the environmental and economic challenges of redeveloping contaminated property. Beginning with a thorough explanation that puts brownfields redevelopment into a current context, Brownfields then focuses on the most important legal, business, financial, and political issues associated with redeveloping contaminated real estate. This guide provides exceptional insights and strategic advice from experts in various disciplines – a template for getting the brownfields deal done. Other major parts of the book include discussions about the basic science for dealing with contaminated property appropriately and effectively, and a final section that offers detailed and current information about the most important elements of each state's voluntary cleanup program. Brownfields provides the detailed background necessary to make informed decisions and offers practical advice for implementing effective stra…

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The authoritative classic guide to commercial law through the early 20th century.

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"In the fast-changing world of commercial real estate, terms like “fair rental value” and “net lease” or “duty of good faith”can mean many different things depending on the circumstances of the deal. So, when negotiating and drafting complex leasing agreements, itand’s imperative you know what these provisions can mean, have alternate provisions readily available, and know when and how to use them properly Commercial Real Estate Leases: Preparation, Negotiation, and Forms can make it easier." -publisher's description

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"With the number and complexity of commercial real estate transactions reaching unprecedented levels, professionals in this high-stakes industry face a daunting task: keeping up with the constant legal and regulatory changes that can impact every phase of a deal. Commercial Real Estate Transactions Handbook will help you plan, negotiate and close deals using the insights and strategies of nationally recognized real estate attorney Mark Senn and over 20 experts in the field. Collectively, the editor and contributors have handled virtually every possible variation of commercial real estate transactions. " -publisher's description

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This book contains a detailed discussion and analysis of all aspects of ADR processes used in the construction industry including mediation, arbitration, DRBs, IDMs, and project neutrals. The book is unique in that it provides both practical advice and analysis from experts in construction ADR and citations to case law, treatises, and other publications. It is directed at the novice as well as the expert and will assist construction lawyers performing legal research as well as those looking for expert advice and analysis. For the first time, the Forum is including real time updates to the book at http://constructionadrbook.com. The newest cases, concepts, articles, and analysis dealing with each subject will be available immediately online.

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The construction lawyer regularly faces a wide variety of legal issues, some of which they do not see often in their law practice. Construction lawyers have long used checklists as a quick reference tool for drafting contracts, litigation, and providing advise to clients. The ABA Forum on the Construction Industry has drawn on the expertise of its members to present a unique collection of essential checklists that address the wide-ranging aspects of a construction practice. Construction Checklists: A Guide to Frequently Encountered Construction Issues contains more than 70 checklists, including more than 25 new additions since the 2008 previous edition. Each checklist has been developed to solve a practical need. Checklist topics include: Design Insurance Surety law International transactions Contract administration Labor and employment law Government contracting Bankruptcy Litigation issues, including discovery, opening statements and closing arguments False claims

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Whether preparing for a trial, formulating a claim for maximum effect, or evaluating a claim for purposes of settlement strategy, use Construction Damages and Remedies, Second Edition as your main reference. Key principles of damages in the construction context and the remedies that support them are distilled into a readable and accessible format, and summaries of the applicable law and practical advice in its applications are also included. Complete with Key Number references, the book extensively covers: • Remedies and damages related to bidding • Remedies and damages available to owners • Design professional liability to clients • Contractor and subcontractor remedies for breach • Tort damages, and much more.

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The first edition of this book was published almost ten years ago to provide a useful guide on construction defect law in the United States. The goal was to provide a useful analytical framework and starting point for research of specific issues confronting practitioners and their clients. The editors of the current edition have endeavored to achieve that same goal here. The three characteristics of the first edition remain unchanged. First, the book is organized to allow the reader to identify a construction defect issue and then follow the trail to meaningful discussion and research in several ways—by type of construction defect, by party, by type of claim, and by theory of liability or defense. Second, it provides guidance in specific areas of concern, such as insurance, limitations defenses, damages, dispute resolution, and preparing and presenting a case. Finally, the authors were selected for their expertise in the subject matters covered by their chapters, as well as for t…

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All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

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The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers. The book begins with an introduction to basic insurance and related construction delivery concepts, and also discusses insurance-related contract drafting considerations. Six subsequent chapters discuss each of the basic insurance products typically used for construction, with an emphasis on their place in the construction context -- commercial general liability insurance, builders risk, professional liability insurance, and pollution insurance. There's a chapter on the related concepts of construction contract indemnities and additional insured coverag…

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Written by leading construction law practitioners, the Forum on the Construction Law's newly updated textbook Construction Law, Second Edition meets the pressing need for a comprehensive law school textbook. It provides a complete orientation to the construction industry and its processes, and it can be used for introductory survey courses or more advanced courses oriented towards litigation or transactions. Construction Law, Second Edition examines the roles of the various participants in the construction process and the vocabulary essential to understanding its cases and legal principles. The book's logical development tracks the construction process in a chronological way. Taking a course that utilizes this book will help students prepare to successfully interview for construction law positions in law firms and it will provide a useful reference book for students who enter the practice of construction law.

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This book covers key legal concepts that architects, engineers, and contractors may encounter in a typical construction project.

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"Construction Law Handbook is a comprehensive, one-stop reference on the current state of the business of construction and construction law. Comprehensive in scope—yet highly accessible for everyday use—the Construction Law Handbook puts at your fingertips vital information and practice tips from an unrivaled panel of construction industry professionals—attorneys, accountants, construction consultants, and other key players with extensive industry expertise. Each chapter examines in detail a major legal or business issue confronting today’s construction professionals from the perspective of a seasoned expert (or team of experts) in that area." -publisher's description

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"This book provides a comprehensive survey of the major legal issues that arise in the course of a construction project. The structure of the book first focuses on the major participants on a project and the relationships and interests of each of participant. It then shifts to chapters on recurring themes in construction law such as the economic loss rule, calculation of damages, and defective construction. While making the concepts accessible for any reader, the book provides a logical structure for those teaching construction law to use as either the primary or supplemental reading for the course." - publisher's description

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A construction project is an especially complicated undertaking|requiring contributions from many participants with diverse skills and capabilities. This new book examines the legal relationships between the many parties in a typical construction project including general contractors|subcontractors|suppliers|and designers|among others. As with the projects on which these parties work|the relationships|rights|obligations|and remedies among them can|and often do|get quite complicated. Construction Subcontracting: A Comprehensive Practical and Legal Guide brings together a team of experienced attorneys to examine this subject with both a breadth and depth of coverage. Topics include the subcontract document and performance; insurance|bonding and licensure; disputes and different methods for resolution; special project issues|including public projects|alternative delivery methods|and green/sustainable building; and other contracting arrangements.

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All projects began with an idea, a concept, and a design. The ability to bring these artful projects to reality through construction is based on the foundation of design services of architects and engineers. With each of these projects, however, comes incredible risk and the fundamental duty to protect the lives, safety, and welfare of those that build and occupy these structures. Every construction project carries these fundamental duties and risks, regardless of its size and complexity. This book serves as an essential tool to educate design and construction professionals, and the legal professionals who consult with them. This update expands on the previous edition, Design Professional and Construction Manager Law , by focusing entirely on the fundamental and emerging laws applicable to design professionals. It covers the fundamental issues that the field of construction law brings to any project, and examines the new legal issues that emerge from advancements in the design and con…

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Discovery is critical to achieving success in resolving disputes, even if the case is never tried to verdict, as is typical with construction disputes. This deskbook outlines the discovery process as it pertains to the unique nature of construction disputes, from its inception prior to formal litigation, to the planning and conduct of discovery through the classic means of document production, interrogatories and depositions.

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Eminent domain has a long and distinguished legal history, dating from the first limits on sovereign power in the Magna Carta. Just compensation is a newer concept, and court decisions such as Kelo v. New London make the exercise of eminent domain controversial. Can government condemn property to increase its tax base? Can the state transfer property from one private owner to another for incidental public benefit, and does this constitute "public use"? While eminent domain traditionally was used to acquire property for roads, waterways, defense installations, government and public buildings, and the interstate highway system, it has recently been a favored tool in developing urban areas, creating shopping malls, and building big-box retail stores. Eminent Domain: A Handbook of Condemnation Law is written by leaders in the field and will introduce general practitioners working for condemnors and property owners alike to the many intricacies of condemnation practice.

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"Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers." -publisher's description

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This book provides a plain English guide to choosing appropriate tenants safely and legally. Nolo provides advice on evaluating rental applications, examining credit reports, and complying with discrimination laws.

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This guide provides the best practical advice for the small-time landlord who owns a single-family home, condo, or small multi-unit property, with topics including property oversight and maintenance, effective communication with tenants, and general management.

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This book from Nolo is intended to help landlords with legal issues, including screening tenants, leases, security deposits, sublets, the landlord's duty to repair, right of entry, and evictions.

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This plain English guide teaches readers how to maximize deductions from rental properties. The book explains in detail the IRS rules on repairs and improvements, and walks line-by-line through Schedule E, the form used to report income and deduct expenses arising from real estate business ownership.

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Written in straightforward and easy-to-understand language, Nolo's guide to tenant rights is an excellent explanation of the legal pitfalls a renter can encounter.

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Provides the information, tips and strategies necessary to bring or defend a successful lawsuit.

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From Pulitzer Prize winning author Matthew Desmond, this books offers an eye-opening glimpse into the struggles of some of our country’s most impoverished citizens and shows how evictions can leave a lasting and damaging effect on people’s lives.

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The federal government has been and will likely continue to be the largest purchaser of construction services in the world. Because most construction lawyers will handle federal government contract cases at some point in their careers, Federal Government Construction Contracts, Third Edition provides an invaluable guide through the myriad of federal government contract regulations, clauses, and case law can present problems and pitfalls for nongovernment contract practitioners. Federal Government Construction Contracts, Third Edition provides the construction practitioner with a strong understanding of the detailed regulations developed by the government that rule almost every aspect of construction contracting, from procurement of the construction services to final payment under the contract to the standard contract clauses that provide for a reasonable allocation of risk between the government and the contractor. Regulations governing compliance, and the prevention of fraud, wast…

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"Here's the only state-by-state guide to construction liens and bonds! This indispensable reference is written by leading construction lien and bond law experts from each of the fifty states (as well as from the District of Columbia and Puerto Rico). 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'll find valuable information regarding local lien and bond law requirements and unique procedures for proper filing and follow-through, So that you won't jeopardize your claim. Fifty State Construction Lien and Bond Law guides you through the similar and contrasting requirements both between public and private projects within the same state and among the different states. You also get all the necessary forms for preserving liens and related payment remedies, As well as guidance on how to u…

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A single resource for eminent domain practitioners, this guide is a reference for questions about eminent domain and condemnation procedure in every state and the District of Columbia. Each state outline is organized in the following manner: • Who is Eligible to Condemn? • What can be Condemned? • The Condemnation Proceedings • Procedure to Challenge Condemnation • Inverse Condemnation • Just Compensation Issues • How are Various Ownership Interests Treated? • Abandonment • Attorney's Fees and Costs William G. Blake, Editor Casey Pipes, and Robert J. Will, Committee Co-Chairs

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This plain English guide covers the legal obligations of landlords. It provides practical advice on avoiding problem tenants and handling repairs and property management tasks, as well as information on IRS regulations and tax deductions. This edition also details how to offer a room via services like Airbnb and includes a sample rental application.

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This title, focused on litigation, outlines foreclosure-related law and offers defensive strategies that attorneys can use to assist homeowners facing foreclosure proceedings.

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Saving money. Using resources wisely. Building more durable projects that require less maintenance and upkeep. Protecting water supplies, trees, and farmland. These are all noble goals--but what if they could be pursued in one project? How do communities and private developers work collaboratively, to meet public and private interests and to create spaces where people want to live and work? Sustainable development is intended to prevent the permanent damage or loss of resources as well as incorporating methods that reduce the rate of consumption of resources. In its many forms, sustainable development and environmentalism are increasingly important for commercial, governmental, and social issues. Helping meet the need for current, accessible information on this growing area of law and practice, Foundations of Sustainable Development provides a hands-on guide to understanding sustainable development concepts and projects. Written for both public and private entities embarking upon sus…

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Explaining the lawyer's critical role in documenting, reviewing, and negotiating the real estate transaction, this useful mentoring guide includes valuable sample language, examples taken from practice, and insightful tips and techniques for how to assist that client to make and close the deal. Author Sidney G. Saltz, a veteran real estate lawyer, draws upon his years of practice lawyer to describe the typical situations and stages of a deal and how to get it closed, including: The role of the real estate broker and how to develop a lawyer-broker relationship that will benefit the client Pre-documentation documents: the term sheets letters of intent, or loan commitment Documenting the transaction and creating the ""law"" of the deal Reviewing and analyzing documents, illustrated by sample concerns and questions Effective rules for communicating comments to the client and to the counterpart lawyer, preparation for negotiation, and negotiating to documents Other issues, including due di…

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Twenty-seven construction lawyers collaborate to impart expert information across all areas of construction law. Fundamentals of Construction Law|Second Edition is the definitive primer on the subjects that are at the heart of every construction law dispute. In depth analysis explains the key principles of construction law|making this book a "must have" for any lawyer practicing in this area|particularly those new to the field. Its scope is unique among construction treatises|because it explains the perspectives of the various "players" - owner|designer|constructor|and surety|as well as discussing key contract provisions.

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Whether you are looking to open a real estate practice, or just looking to expand your current practice, Getting Started as a Real Estate Attorney is your one-stop resource. Author Joseph R. Fortunato moves beyond the typical "how-to guide" and highlights the many practice areas that fall under the term "real estate attorney." With a strong focus on residential transactions, this book covers: What a real estate lawyer is, and how one goes about becoming one Discovering your sources of business Understanding the many real estate contracts Attorney review and inspection provisions The interplay of real estate law with other areas of the law And more!

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Evolving past a trend and into an integral issue in design and construction, green building and sustainable development practices are now integral issues in design and construction. Green Building and the Construction Lawyer provides explanations and insights into issues that all construction lawyers should understand in order to meet their client's needs and expectations. Green building presents unique issues associated with legislation, design and construction practices, contract drafting, insurance, and even litigation and dispute resolution, among others. Green Building and the Construction Lawyer offers a primer focused on the special needs of the construction practitioner, and includes advanced tips and commentary key issues. Written by preeminent authorities in the area of green building, the book opens with a basic description of green building practices and definitions and the sources of laws that have evolved to regulate it. This part also discusses the LEED program and con…

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This CLE course is great for attorneys who represent property owners' associations - more commonly known as HOAs or condo associations. Various attorneys offer their perspective and practical advice on key issues related to HOA law in Texas.

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"Historic Preservation Law in a Nutshell provides the leading in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Click here to read a book review of the first edition from the National Trust for Historic Preservation." - publisher's description

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With a foreclosure crisis looming, attorneys and homeowners alike will benefit from the straightforward information and advice this volume offers about foreclosure procedures and defenses.

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Hydraulic Fracturing identifies the major legal issues raised by hydraulic fracturing, including the transactional, regulatory, and litigation issues that are most relevant to the real estate and environmental law practitioner. In addition, the authors thoughtfully discuss the current state of the law relating to hydraulic fracturing while providing invaluable practical suggestions to lawyers representing clients in real property transactions.

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Infrastructure from the Ground Up: Civil Engineering Works for Lawyers focuses on horizontal construction---the infrastructure and civil engineering works that are prevalent in our daily lives. We have reached an age when large amounts of this national infrastructure are coming to the end of their useful lives|requiring substantial amounts of money for investment in repair and replacement. Significant construction projects mean significant legal organization and planning|as well as construction disputes. Infrastructure from the Ground Up: Civil Engineering Works for Lawyers provides lawyers with valuable|detailed information on the basics of the major types of infrastructure projects. Understanding the fundamental concepts of these projects gives an attorney an advantage in effectively representing their client.

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Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

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This 2018 title takes a concise look at many of the concepts involved the legal relationship between and landlord and their tenant. Included is information on termination of the lease other than by expiration of its term; repairs and improvements; rent and security; and insurance and taxes.

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"The law and regulation surrounding real estate brokerage continue to reflect changes in the economics and behavior of brokers, agencies, and their clients. Burke's "Law of Real Estate Brokers," your most dependable source on this complex and ever-changing body of law, is organized around the most frequently litigated provisions of brokerage listing agreements, and covers such important issues as: unauthorized practice of law; duty to inspect; implied warranties of habitability; the law of torts as it applies to brokers; property condition disclosure forms; salespersons as independent contractors or litigators; brokers' commissions in bankruptcy proceedings; broker's liability for disclosure to third parties of financial information about purchasers; buyer's brokerage; Quantum Meruit claims; RESPA anti-kickback provisions." -publisher's description

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"Widely cited in appellate and state supreme courts, this best-selling handbook offers clause-by-clause analysis of the standard title insurance policy (based on the American Land Title Association Model Policies), with detailed discussion of all significant new and leading cases as issues arise." -publisher's description

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This title from Nolo provides plain English information on leases and rental agreements. Chapters cover preparing leases, choosing tenants, getting tenants moved in, and ending a tenancy. Appendices cover topics such as landlord/tenant statutes, rent rules, security deposit rules, and landlord's access to the property for each state. Also available are several different types of fill-in-the-blank rental forms.

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? Understand how a building is built, from the foundation to the roof. This updated guide to practical construction technology explains: Building materials and systems Construction means and methods Construction terminology Includes many photographs, drawings and figures - plus glossaries and bibliographies. MORE Sticks and Bricks brings together in one volume the expertise of nationally recognized engineers, architects and contractors who explain in clear language their areas of building technology. No matter what your level of expertise, this guide pulls together the basics of constructing a building and presents it in a practical format.

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Mortgage Lending examines federal and state restrictions on the origination and terms of mortgage loans, and federal preemption of the state restrictions. It focuses on underwriting, appraisals, mortgage brokers, third-party fees, interest rates and other loan terms, reverse mortgages and other less common types of mortgages, and litigating mortgage lending claims.

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"This classic monograph presents a simple, concise and readable text of the history of the English common law scheme of estates in land, including future interests, and the scheme’s importation to the United States. The text specially treats the types of interests a person can hold in land today and the associated legal rules that affect those interests. The text is peppered with many review problems to assist the reader in learning the material in the monograph." - publisher's description

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This e-book provides information about your legal rights and responsibilities as a neighbor.

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An extensive, 18-volume treatise on the governmental power to take private property for public use.

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"Turn to Nolo's Encyclopedia of Everyday Law for answers to everyday legal questions that come up in all aspects of life. Easily locate concise explanations about legal issues including: - credit, debt, and bankruptcy - divorce, child custody, and visitation - wills, living trusts, and estate planning" -- from the publisher

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This e-book covers the essentials of buying your first home - from figuring out what you want and need all the way to closing and moving in. In addition to practical advice, it also includes downloadable forms, letters, worksheets, checklists, and questionnaires.

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"This reference guide provides an authoritative summary of personal property that will enhance your ability to distinguish between title and possession. Teaches by example, using a set of readily understandable situations. Also includes the origins of substantive rules of law and procedure." - publisher's description

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"Cases and statutory law are updated and the material reorganized; conforms with modern law school courses in real property. Chapters open with brief outlines of the law encompassed within, providing an overview of rules in that area. This is followed by a series of factually-based problems designed to generate thoughts about how these rules could be applied in real life situations. Chapters then discuss statements of applicable law and analysis of legal issues raised, plus likely outcomes and current citations of the various laws." - publisher's description

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"This book offers a comprehensive and accessible introduction to Article 9 of the Uniform Commercial Code. It covers secured transactions from A to Z with examples and answers that will enable students to test their knowledge and find the answers to the many conundrums in Article 9." - publisher's description

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An introduction to property law and theory presented in an approachable, plain-English style.

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"This Guide is designed to assist public housing authority staff and HUD with a range of issues related to public housing occupancy, from application for admission and rent calculations through ongoing occupancy to lease termination. The guidebook is intended to provide a handy reference for all aspects of admissions and occupancy administration." -Introduction

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This comprehensive guide provides a succinct review of real estate finance.

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This nutshell provides a quick overview of real estate finance law and touches on the mortgage market, real estate financing devices, and the underlying obligation as well as rights and obligations after default and before foreclosure. Available as an e-book in West Academic.

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This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction.

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"This treatise provides current, expert coverage on the law of mortgages, including the mortgagor-mortgagee relationship prior to foreclosure; mortgage substitutes; transfers by the mortgagor; transfers by the mortgagee; payment and prepayment; the foreclosure process; deficiency judgments and anti-deficiency regulation; priority issues; governmental intervention in the mortgage market; and financing real estate construction. The Sixth Edition provides a comprehensive update of relevant case law, legislation, and regulation since publication of the Fifth Edition in 2007. This update includes: A thorough and up-to-date revision of the material on judicial and nonjudicial foreclosure; New material on “short sales” and “loss mitigation”; A comprehensive revision of the material on securitization and the ownership, transfer, and enforcement of securitized mortgage loans; A comprehensive revision of materials on governmental intervention in the mortgage market, including new material on the…

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"This concise work discusses most rules covered in real property casebooks. The text is divided into three sections. Part One provides an overview of property interests by covering lost v. mislaid v. abandoned property, adverse possession, gifts, common law estates, future interests, landlord-tenant law, concurrent ownership, marital property rights, easements, profits, licenses, real covenants, and equitable servitudes. Part Two covers conveyancing, including real estate brokers, contracts of sale, deeds, recording, title insurance, and mortgages. Part Three covers a variety of property rights and liabilities, including airspace, water rights, the right to support, agreed boundaries, fixtures, trespass, nuisance, and land use regulation." -publisher's description

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"Regulatory Takings provides clear, yet trenchant analyses of the federal and state constitutional principles that arise when expanding land use regulations clash with the right of citizens to receive just compensation when their property is taken." - LexisNexis's description

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A plain English guide to finding an apartment and interacting with difficult landlords and/or roommates. This book contains practical information for tenants, including how to negotiate a lease or rental agreement, getting repairs made, and options for breaking a lease and leaving early.

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"This treatise deals with the seizure of personal property, including car repossessions, seizure of manufactured homes, repossession of rent-to-own appliances, and threats to seize household goods. The treatise covers seizures pursuant to loan, credit sale, and lease agreements, and pursuant to artisan and other statutory liens. The focus is on consumer law, including security interests in consumer goods, consumer leases, and liens on consumer property." - publisher's description

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"Sometimes it makes sense to handle a court case without an attorney. This book breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Whether you're a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute, or any other civil lawsuit. This edition has been revised with the latest rules and court procedures, and includes updated information on electronic discovery rules and fax filing procedures. Plus, you'll get enhanced materials on court assistance for pro per litigants and an expanded discussion of self-representation in bankruptcy court"--

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"No matter whether you're planning to pass on a cottage to your children, or you've inherited a cabin with your siblings, it's never too early to take steps to preserve a beloved family property for generations to come. Shared ownership of vacation property-especially when the co-owners are family members-can be fraught with problems. The idyllic dream of a cottage getaway can be shattered when co-owners' emotions, financial concerns, and opinions on how the property should be used come into play. Fortunately, a solid plan that dictates how the property will be owned and managed can prevent squabbles over the family cottage. Saving the Family Cottage lays out a roadmap for creating and implementing this plan. It also explains the possible pitfalls of co-owing a family vacation property, and provides time-tested guidance on how to: keep the peace among heirs; prevent a family member from forcing a sale of the property; keep your vacation home out of the hands of in-laws and creditors, a…

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"Hagedorn’s Secured Transactions in a Nutshell provides extensive coverage of the 1999 version of UCC Article 9, now enacted by all states. Coverage of the 1972 version of Article 9 and pre-code law is included to provide historical perspective. The text covers: The scope of Article 9; The security agreement and attachment of the security interest; Relationship of the debtor and secured party prior to default; Perfection of the security interest by filing and other means; Multistate choice of law and perfection issues; Priority of the secured party and others in and out of bankruptcy; Default and enforcement of the security interest." - publisher's description

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This easy-to-read e-books guides you through selling your house - from getting ready to sell, setting a price, staging the house, all the way through finalizing the sale and closing.

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"Struggling with debt? Find solutions here. Get out of debt and rebuild your credit. With the step-by-step guidance in this book, you can regain financial freedom by: stopping debt collector harassment cold, negotiating your debt with creditors, reducing your student loan payments, creating a healthy financial plan, wiping the slate clean with bankruptcy. Take the first steps toward living debt-free!" - publisher's description

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In the emerging world of multi-jurisdictional practices, law firms are struggling to establish their practices beyond the states in which they began. In State-By-State Guide to Commercial Real Estate Leases, preeminent commercial leasing practitioners throughout the United States have gathered the statutes in their respective states and added to them discussions of their practical relevance and applicable case law.

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Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure presents a concise introduction to the legal and business considerations involved in real estate loan workouts. It is designed to aid lenders, borrowers and their legal counsel in confronting the variety of issues encountered in working out an acceptable solution to the dilemma posed by a loan in default.

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A book that covers the legal rights of young adults in all aspects of their daily lives such as at home, at school and on the job. The third edition includes information on emerging topics such as cyber-bulling and sexting as well as recent changes to laws on privacy and LGBTQ rights.

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Since 2008, 2.2 million U.S. homes have been sold via short sales, providing financial relief to strapped homeowners and opportunities for savvy buyers and investors. In a short sale, the lender accepts less than the full amount owed on the mortgage and releases the homeowner from any future payments. The ABA Consumer Guide to Short Sales explains in plain understandable languange, how a consumer can make the most out the federal program governing short sales, the Home Affordable Foreclosure Alternative, and how a buyer can purchase a short-sale property at less than market value. The book translates technical guidelines into an easy-to-understand, practical resource that will help homeowners and potential buyers to evaluate whether a short sale transaction is the right choice for their circumstances and to discuss the short sale option knowledgably with their lenders. What's more the book is published by the ABA, so you can be sure that the information cobatined in it is unbiased, an…

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The Construction Lawyer's Guide to Labor & Employment Law, Second Edition, is practical guide designed to help the construction practitioner understand the basics of the often complex area of labor and employment issues which frequently arise in the practice of construction law. This book offers the construction practitioner a quick overview of the fundamental aspects of labor and employment law, helps the non-specialist spot key issues, and provides a framework so the lawyer facing these issues can appreciate the need for more detailed factual and legal research as those situations occur. Written by practitioners for practitioners, this valuable handbook has been tailored especially to meet the unique information needs of construction lawyers. The text provides information on those areas of labor and employment law that come up most frequently in these situations, beginning with an overview of the National Labor Relations Act. Other chapters focus on collective bargaining, immigration…

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In today's litigious world, it is not a guarantee that a construction project will not end up in litigation or arbitration. And because of the complexities involved in a construction project, a typical judge, jury member or arbitrator may not possess the expertise to grasp some of the nuances of construction issues. In order to be fair, the judge, jurors or arbitrators will need to hear and see evidence produced by forensic technical experts who possess the knowledge and skill to identify, investigate, and analyze problems, and then clarify the issues and give testimony that will facilitate a just decision. This book seeks to examine the issues surrounding expert witnesses or consultants who help present or defend a claim or case. This book will: assist those who wish to become a forensic expert witness in construction; assist those who already are, and who wish to become a better forensic expert witness in construction; and assist those who engage forensic expert witnesses so that th…

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An encyclopedia that examines the history and hotly contested debates surrounding the concept and practice of civil liberties.

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"Facing foreclosure? Put together a plan. Take action. If you're having trouble making your mortgage payment or are in jeopardy of foreclosure, this guide will give you the practical information you need, including: the ins and outs of foreclosure procedures, with state-by-state information, how to decide whether you should try to keep your house, and using bankruptcy to buy time or save your home." - publisher's description

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The book supports and supplements students' understanding of property and its role in the law school curriculum.

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"Trustworthy and modern source on property laws surveys estates in land—present, future, and concurrent, comparable interests in personalty, landlord and tenant law, and rights against neighbors and other third persons. Also examines easements and profits, running covenants, governmental controls on land use, land contracts, conveyances, titles, and recording systems. Contains footnote citations to leading court decisions for easy location of primary authority." - publisher's description

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"This title is a comprehensive, one-volume introduction to the modern law of real property. Each chapter begins with an overview of rules and concepts, followed by a series of problems and exercises designed to demonstrate how the rules and concepts apply in real situations. Each problem is followed by a comprehensive analysis of the legal issues raised, including citations of the relevant cases and statutes. This edition has been fully updated to reflect current developments." - publisher's description

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Producing and maintaining quality affordable housing is not an intractable social problem but one that requires putting together the essential pieces of the puzzle -- a development concept responsive to community needs, suitable land, permissive land use regulations, adequate government funding programs, and creative public-private partnerships.

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Section 47 of the Internal Revenue Code of 1986, as amended (the "Code"), allows taxpayers to claim a credit (the "Rehabilitation Tax Credit") for certain expenses incurred in connection with the rehabilitation of older or historic buildings. The amount of the credit is 20 percent of the "qualified rehabilitation expenditures" incurred in connection with a "certified rehabilitation" of a "certified historic structure" or 10 percent of the qualified rehabilitation expenditures incurred with respect to a nonresidential building placed in service before 1936. A certified historic structure is a building that either is listed as such in the National Register of Historic Places (the "National Register") or is located in a "registered historic district" and is certified by the Secretary of the Interior (the "Secretary"), acting through the National Park Service (the "NPS"), as being of historic significance to the district. A registered historic district includes any district listed in the N…

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Title insurance is an increasingly complex and critical factor in real estate transactions, and lawyers must be prepared to play equally critical roles as advisors to their clients. This updated and expanded edition of Title Insurance: A Comprehensive Overview of the Law and Coverage provides practical tools and essential information for real estate attorneys who need to understand title insurance coverage and who want to secure optimum coverage for their clients. This new edition will help you: Compare and contrast 2006 ALTA policies and othertitle insurance policies Outline commonly used title insurance endorsements, including ALTA and CLTA endorsements Understand the state laws relating to title insurance through easy-to-understand charts and checklists Comprehend the title insurance provisions through the included commentaries after each provision Title Insurance is a valuable, single-source guide covering the provisions and statutes of title insurance for all 50 states and the…

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"This product provides a concise yet comprehensive introduction to the Uniform Commercial Code for students and practitioners alike. It covers each major topic of the Code, including the process of selling, payment, negotiation, shipping, storage, financing sales, and leasing of goods. In addition, the text makes it possible for readers to see how the various articles of the Code may interact in a single transaction. Wherever practicable, the actual language of the Code and its comments has been used. The comprehensive outline, references to relevant authority, and intuitive system of cross-referencing all contribute to its ease of use. This eighth edition contains the 2010 Amendments to Article 9, with an effective date of July 1, 2013." - publisher's description

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This invaluable practical resource provides a thorough introduction to the legal and policy issues associated with vacant and problem properties, how to take action to revitalize them, and how to frame effective and defensible local ordinances and regulations. It also addresses the benefits and challenges of creating land banks, the regulatory issues involved with dealing with brownfield properties, the importance of developing sound demolition strategies, and the value of greening or nondevelopment reuse strategies.

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"This is your complete guide to hiring independent contractors to meet your business needs, from making sure you comply with state labor and antidiscrimination laws to protecting your intellectual property to drafting and signing agreements. Working With Independent Contractors also has everything you need to know to make sure that any independent contractor you hire is not considered your employee. Lawsuits in this area are very expensive. This book educates employers about how to hire employees legally, without risking legal trouble. With this book you can avoid misclassifying workers and learn how to: create a valid contract; assess who qualifies as an independent contractor, and; handle an IRS audit. Includes all the legal forms you need, all forms are now downladable at nolo.com"--

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