Testing the Validity of Assignments
By Scott Topolski
The word "assignment" is a living, breathing legal concept. In legal terms, an assignment is the transfer of property or an interest in property from one person, known as the assignor, to another person, called the assignee.
Stripped to its basics, an assignment is a contract setting forth certain rights, duties and obligations. As long as the assignor expresses intent to transfer a right to a third person, the expression of that intent may be either oral or written, unless a statute or contract states otherwise.
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Severity Of Haiti Earthquake Offers Reminder Of U.S. Vulnerability To Same Type Of Natural Disaster
January 19, 2010
Even in California, Few Have Earthquake Coverage for U.S. Property Losses
NEW YORK, January 19, 2010 - The potential cost of U.S. earthquakes has been growing because of increasing urban development in seismically active areas and the vulnerability of older buildings, which may not have been built or upgraded to current building codes.
Compounding this problem is the fact that the vast majority of homeowners living in seismic zones do not purchase earthquake insurance, according to the Insurance Information Institute (I.I.I.). In fact, only 12 percent of California homeowners have earthquake coverage.
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How to Vet an Expert 
by Robert Ambrogi - Editor
BullsEye Newsletter: June 2007
Experts, sad to say, are not always honest about their credentials, as several recent news items confirm. Knowing how to verify the background of an expert - whether yours or your opponent's - could prove critical to your case.
In perhaps the most dramatic recent example, a New Orleans federal judge threw out a jury verdict in favor of pharmaceutical giant Merck & Co. after a cardiologist who testified for the defense in a Vioxx trial was found to have misrepresented his credentials.
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Defects
Supplimentary General Conditions
Article 1
The work we want performed is clearly indicated on the attached plans and specifications. The Architect, who has had plenty of college, has spent a lot of time drawing up these plans and specifications, but nobody can think of everything. Once your bid is submitted to the Owner-that's it brother! From then on, anything wanted by the Architect, the Owner, or any of his friends, or anybody else except the Contractor shall be considered as shown, specified, intended, or implied, and shall be provided by the Contractor without any expense to anyone except the Contractor.
Article 2
If the work is done without extra expense to the Contractor, then the work will be taken down and done over again until the extra expense to the Contractor is satisfactory to the Architect.
Article 3
The contract drawings are intended to be correct. If drawn wrong it should be discovered by the Contractor, corrected, and done right at his own expense. It won't cut any ice with the Owner or the Architect if the Contractor points out the mistakes which the Architect has drawn on the plans.
Article 4
The Contractor is not supposed to make fun of the Architect, his plans, or specifications. If he does, then the same consequence shall apply as stated in Article 3 above.
Article 5
Any Contractor walking around the job site with a smile on his face will be subject to a review of his bid.
Article 6
If the Contractor doesn't find all the Architect's mistakes prior to making his bid on this job, or if he doesn't have enough sense to know that the Architect is going to think up a bunch of new stuff that has to be done before the job can be deemed complete, then the Contractor shall provide any such items without extra expense to the Owner or Architect.
Article 7
Any evidence of satisfaction on the part of the Contractor shall be considered as just cause for withholding final payment. |
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