Missoula Construction Lawyer, Montana

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Hal Emalfarb
About | Practice Areas
Emalfarb, Swan & Bain
440 Central Avenue Highland Park, IL 60035» view map
Construction Law
We Know Construction Law

The complexity of construction projects – large or small – requires expert legal advice to prevent or resolve problems that arise before, during, and after construction.

800-978-6780
1. Hal Emalfarb Highland Park, IL
  Attorney at Law- IL
  Loyola University Chicago School of Law, J.D. 1977
2. AboutEmalfarb, Swan & Bain
  We Know Construction Law
3. Practice AreasExpertise
  Construction
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2. Email
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Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Susan G. Ridgeway

Real Estate, Business, Litigation, Construction

Status: In Good Standing Licensed: 30 Years

CONTACT

257 West Front Street, Missoula, MT 59807

Fred Simpson

Insurance, Construction, Litigation, Personal Injury

Status: In Good Standing

CONTACT

2955 Stockyard Road, Missoula, MT 59808

John F. Haffey

Property & Casualty, International Intellectual Property, Construction

Status: In Good Standing Licensed: 23 Years

CONTACT

101 E Broadway St, Missoula, MT 59807

John B. Horrell

Toxic Mold & Tort, Construction

Status: In Good Standing

CONTACT

121 Hickory STREET, Missoula, MT 59801

Benjamin Michael Williams

Toxic Mold & Tort, Federal Appellate Practice, Construction, Civil Rights

Status: In Good Standing

CONTACT

111 North HIGGINS, Missoula, MT 59802

Christian T. Nygren

Property & Casualty, Insurance, Estate Planning, Construction

Status: In Good Standing

CONTACT

620 High Park Way, Missoula, MT 59803

800-923-0641

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LEGAL TERMS

RECORDING

The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Record... (more...)

The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the state.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

BALLOON PAYMENT

A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit bal... (more...)

A large final payment due at the end of a loan, typically a home or car loan, to pay off the amount your monthly payments didn't cover. Many states prohibit balloon payments in loans for goods or services that are primarily for personal, family or household use, or require the lender to let you refinance the balloon payment before forcing collection.

ELECTRONIC SIGNATURE

A paperless method of entering into an electronic contract. To 'sign' a contract electronically, a person may be asked to click an 'I Accept' button or use a 'k... (more...)

A paperless method of entering into an electronic contract. To 'sign' a contract electronically, a person may be asked to click an 'I Accept' button or use a 'key' to encrypt (scramble) information that uniquely identifies the signer using a method called Public Key Infrastructure (PKI). Electronic signatures are as binding as those in ink.

EXCULPATORY CLAUSE

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.

DEBENTURE

A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific p... (more...)

A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific piece of property. Repayment of a debenture is guaranteed only by the general credit of the issuer. For example, a corporation may issue a secured bond that gives the bondholder a lien on the corporation's factory. But if it issues a debenture, the loan is not secured by any property at all. When a corporation issues debentures, the holders are considered creditors of the corporation and are entitled to payment before shareholders if the business folds.

EXPRESS WARRANTY

A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)

A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.

NONDISCLOSURE AGREEMENT

A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper a... (more...)

A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization. Nondisclosure agreements are often used when a business discloses a trade secret to another person or business for such purposes as development, marketing, evaluation or securing financial backing. Although nondisclosure agreements are usually in the form of written contracts, they may also be implied if the context of a business relationship suggests that the parties intended to make an agreement. For example, a business that conducts patent searches for inventors is expected to keep information about the invention secret, even if no written agreement is signed, because the nature of the business is to deal in confidential information.

BEQUEST

The legal term for personal property (anything but real estate) left in a will.

SAMPLE LEGAL CASES

State v. McWilliams

... 8 In April 2001, McWilliams, d/b/a C & L Construction, agreed to construct a home for Dennis and Gwendolyn Noyes (the Noyeses) for the amount of $146,529.00. The construction was to be financed by a loan from Empire Bank in Livingston. ...

State v. Weaver

... 352, Â¶ 23, 114 P.3d 254, Â¶ 23. Â¶ 10 The interpretation and construction of a statute is a matter of law, which we review de novo to determine whether the district court's interpretation and construction of the statute is correct. See Miller v. District Court, 2007 MT 149, Â¶ 22, 337 Mont. ...

State v. Brown

... Standard of Review. Â¶ 6 The interpretation and construction of a statute is a matter of law which we review de novo to determine whether the district court's interpretation and construction of the statute is correct. State v. Weaver, 2008 MT 86, Â¶ 10, 342 Mont. ...

Missoula Construction Lawyer, Montana

Sponsored Law Firm

Emalfarb, Swan & Bain

SPONSORED LAWYERS

Susan G. Ridgeway

Fred Simpson

John F. Haffey

John B. Horrell

Benjamin Michael Williams

Christian T. Nygren

TIPS

LEGAL TERMS

RECORDING

SUBLEASE

BALLOON PAYMENT

ELECTRONIC SIGNATURE

EXCULPATORY CLAUSE

DEBENTURE

EXPRESS WARRANTY

NONDISCLOSURE AGREEMENT

BEQUEST

SAMPLE LEGAL CASES

State v. McWilliams

State v. Weaver

State v. Brown

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