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Indeed, the canon of statutory construction is grounded in large part upon the well-established practice of not reaching constitutional questions unnecessarily. [43] The seventh rule poses an alternative to the directive of the last resort rule. Through statutory construction rules, it may also be possible to avoid a constitutional question. [44]
Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other ...
In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [2]In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house "uninhabitable and dangerous".
After the discovery of the snail darter fish in the Little Tennessee River in August 1973, a lawsuit was filed alleging that the Tennessee Valley Authority (TVA)'s Tellico Dam construction was in violation of the Endangered Species Act. Plaintiffs argued dam construction would destroy critical habitat and endanger the population of snail darters.
Significant changes in economic conditions, and the economic character of the construction industry since 1931, plus the passage of other wage laws, make the act unnecessary. After nearly 50 years, the Department of Labor has not developed an effective program to issue and maintain current and accurate wage determinations; it may be impractical ...
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Model building codes have no legal status unless adopted or adapted by an authority having jurisdiction. The developers of model codes urge public authorities to reference model codes in their laws, ordinances, regulations, and administrative orders. When referenced in any of these legal instruments, a particular model code becomes law.
They believe this could only apply to juveniles and pre-1995 offenders because they are both serving time under the same law — after a 2022 court ruling outlawed applying the 1995 law for ...