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United States V. Spearin
''United States v. Spearin'', 248 U.S. 132 (1918), also referred to as the Spearin doctrine, is a 1918 United States Supreme Court decision. It remains one of the landmark construction law cases. 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. The Supreme Court wrote: "Where one agrees to do, for a fixed sum, a thing possible to be performed, he will not be excused or become entitled to additional compensation, because unforeseen difficulties are encountered. Thus one who undertakes to erect a structure upon a particular site, assumes ordinarily the risk of subsidence Subsidence is a general term for downward vertical movement of the Earth's surface, which can be caused by both natural processes and human activities. Subsidence involves li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CCH (company)
CCH, formerly Commerce Clearing House, is a provider of Business software, software and information services for Tax advisor, tax, Accountant, accounting and Auditor, audit workers. Since 1995 it has been a subsidiary of Wolters Kluwer. History CCH has been publishing materials on U.S. tax law and tax compliance since the inception of the modern Income tax in the United States, U.S. federal income tax in 1913. Wolters Kluwer bought the company in 1995. Today, the company is also recognized , IRS, Internal Revenue Service. for its software and integrated workflow tools. CCH operates on a global scale and includes operations in the United States, Europe, Asia-Pacific and Canada. Case law reporters The following is a list of case law reporters published by CCH: *Bankruptcy Law ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Warranty
In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home. The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Contractor
A general contractor, main contractor or prime contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project. Description A general contractor is a construction manager employed by a client, usually upon the advice of the project's architect or engineer. Responsible for the overall coordination of a project, general contractors may also act as building designer and foreman (a tradesman in charge of a crew). A general contractor must first assess the project-specific documents (referred to as a bid, proposal, or tender documents). In the case of renovations, a site visit is required to get a better understanding of the project. Depending on the project delivery method, the contractor will submit a fixed price proposal or bid, cost-plus price or an estimate. The general contractor considers the cost of home office overhead, gen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subsidence
Subsidence is a general term for downward vertical movement of the Earth's surface, which can be caused by both natural processes and human activities. Subsidence involves little or no horizontal movement, which distinguishes it from slope movement. Processes that lead to subsidence include dissolution of underlying carbonate rock by groundwater; gradual compaction of sediments; withdrawal of fluid lava from beneath a solidified crust of rock; mining; pumping of subsurface fluids, such as groundwater or petroleum; or warping of the Earth's crust by tectonic forces. Subsidence resulting from tectonic deformation of the crust is known as tectonic subsidence and can create accommodation for sediments to accumulate and eventually lithify into sedimentary rock. Ground subsidence is of global concern to geologists, geotechnical engineers, surveyors, engineers, urban planners, landowners, and the public in general.National Research Council, 1991. ''Mitigating losses from land subsi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Knowledge
Superior knowledge doctrine is a principle in United States contract law. The doctrine states that the government must disclose to a contractor otherwise unavailable information that is vital to contract performance. "The Helene Curtis doctrine of superior knowledge is now firmly embedded in the jurisprudence of government contracts." In order to recover under the superior knowledge doctrine, a contractor must prove each of the following elements: # The contractor undertook to perform the contract without vital knowledge of a fact directly affecting performance, cost, or duration of the contract. # The government was aware that the contractor had no knowledge of the information, and that the contractor had no reason to attempt to obtain this information. # A contract specification that the government supplied to the contractor misled the contractor, or failed to put the contractor on notice to inquire more. # The government failed to provide the relevant information. History The cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Severin Doctrine
The Severin doctrine (Severin v. United States Court of Claims, 1943. 99 Ct.Cl. 435) states that a general contractor cannot sue the US Government on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor. Plaintiffs therefore had the burden of proving, not that someone suffered actual damages from the defendant's breach of contract, but that they, plaintiffs, suffered actual damages. Severin v. United States Court of Claims, 1943. 99 Ct.Cl. 435 See also *United States v. Spearin ''United States v. Spearin'', 248 U.S. 132 (1918), also referred to as the Spearin doctrine, is a 1918 United States Supreme Court decision. It remains one of the landmark construction law cases. The owner impliedly warrants the information, p ... References United States contract case law {{US-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 248
This is a list of cases reported in volume 248 of ''United States Reports'', decided by the Supreme Court of the United States in 1918 and 1919. Justices of the Supreme Court at the time of volume 248 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 248 were decided the Court comprised the following nine members: Citation style Under the Judiciary Act of 1789 the federal court structure at the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1918 In United States Case Law
This year is noted for the end of the World War I, First World War, on the eleventh hour of the eleventh day of the eleventh month, as well as for the Spanish flu pandemic that killed 50–100 million people worldwide. Events Below, the events of World War I have the "WWI" prefix. January * January – 1918 flu pandemic: The "Spanish flu" (influenza) is first observed in Haskell County, Kansas. * January 4 – The Finnish Declaration of Independence is recognized by Russian Soviet Federative Socialist Republic, Soviet Russia, Sweden, German Empire, Germany and France. * January 9 – Battle of Bear Valley: U.S. troops engage Yaqui people, Yaqui Native American warriors in a minor skirmish in Arizona, and one of the last battles of the American Indian Wars between the United States and Native Americans. * January 15 ** The keel of is laid in Britain, the first purpose-designed aircraft carrier to be laid down. ** The Red Army (The Workers and Peasants Red Army) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The White Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
