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 BAHV NEWSLETTER ARTICLES 2007
by Thomas S. Tripodianos
- 01-19-2007 -- Contract was rendered nullity when vendors did not respond by prescribed to purchaser’s settlement proposal.
I am a builder of a single family home who unsuccessfully negotiated its sale with a prospective purchaser. The sale was never consummated. During the course of various inspections, the parties agreed to numerous extensions of the inspection contingencies until in accordance with the contract, purchasers delivered to my broker a copy of the inspection report listing several substantial defects with notice that purchaser was invoking its option to cancel the contract as well as the option to defer such cancellation for 10 days to permit the parties to reach a written agreement. Read Response...
- 02-19-2007 -- Choice of Entity: Organizing Your Business (Part 1)
Choosing an organizational form that best suits the needs of a business and its participants is complicated. This article presents a cursory introduction to the legal and tax implications of the choice.
Read Response...
- 03-19-2007 -- Choice of Entity: Organizing Your Business (Part 2)
It is important to consider the legal attributes when choosing an entity type for your business, but careful consideration should also be given to the income tax implications. Here are the basic tax related characteristics of the various entities. Read Response...
- 04-20-2007 -- Commercial Lease Indemnification Clause
Is a commercial lease's broad indemnification provision, requiring the tenant to indemnify the landlord for any accident occurring in the leased premises "unless caused solely by landlord's negligence," enforceable? Read Response...
- 05-18-2007 -- Statutory Warranty
Does the statutory warranty apply when I am constructing a custom home on land owned by another? Read Response...
- June/July -- Joint Checks
Does a bank’s compliance with a restrictive indorsement establish compliance with reasonable commercial standards as a matter of law and if not, is the bank’s liability limited to proceeds remaining in its possession? Read Response...
- 08-14-2007 -- Battle of the Forms
Over the course of two years the Supplier and Contractor entered into a series of twelve sales agreements for steel casings, or hollow steel pipe. Pursuant to those sales agreements, Supplier delivered steel casings to Contractor.
Read Response...
- 09-14-2007 -- Warranty Vs Breach of Contract
Homeowners and Builder entered into a written contract for Builder to construct a single family home on Homeowners' property. That contract obligated the Builder to provide labor and materials necessary for such construction in accordance with certain plans and specifications. Those plans stipulated the type of roof and its materials, including specific shingles of a particular manufacturer.
Read Response...
- 10-19-07 -- Merger Doctrine
Does the "merger doctrine" extinguish a clause in the buyers' pre-purchase-agreement allocating their respective percentage of ownership of real estate where such clause conflicts with a similar provision in the deed of conveyance that provides a different percentage of ownership?
Read Response...
- 11-14-07 -- Post Judgement Interest
Where a Note does not manifest an agreement between the parties that the contractual interest rate of 5% would continue beyond the Note's maturity date until Debtor repaid the Note does the [currently] higher judgment rate apply?
Read Response...
- NEW 12-18-07 -- Notice Under Private Payment Bonus
Where, the Supplier and Subcontractor had an open account relationship, did each invoice represent a separate contract requiring notice of nonpayment in order to recover under a payment bond?
Read Response...
"If you would like to submit a question to Mr. Tripodianos for consideration in upcoming issues of the BAHV newsletter please click here."
If you would like more information regarding these topics please contact Thomas S. Tripodianos at TTripodianos@wbgllp.com, or call him at 845-294-5500 x317.
Please understand that this column provides general information only, and should not be construed as legal advice to anyone under any circumstances. The author reserves the right to modify any questions submitted so as to broaden their appeal. While we encourage you to contact us, you should not disclose to us any information that you consider confidential unless and until we have formally established an attorney-client relationship, and agreed to represent you in your particular matter. The opinions expressed in this column are of the individual author, and not necessarily those of the Builder’s Association of the Hudson Valley.
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