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It remains one of the landmark construction law cases. [1] The owner impliedly warrants the information, plans and specifications which an owner provides to a general contractor. The contractor will not be liable to the owner for loss or damage which results solely from insufficiencies or defects in such information, plans and specifications. [2]
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".
The City of Chicago remains the only municipality in America that continues to use a building code the city developed on its own as part of the Municipal Code of Chicago. In Europe, the Eurocode: Basis of structural design , is a pan-European building code that has superseded the older national building codes.
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 ...
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Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action.
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Its formation was threatened in 1990 by rural communities after the city of Memphis proposed that the city's financially struggling school district merge with that of the county. The merger actually took place at the start of the 2013–14 school year, with some of the towns in question forming their own school districts in response.