A Treatise on the Law of Mechanics' Liens and General Contracting of the State of New York: With Forms

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M. Bender, 1914 - 657 頁
 

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內容

The Award
16
Causes Invalidating Contracts
18
Appropriation before Award
19
Proposals and Specifications
24
Specifications must be Definite
25
Alternative Bids
30
Unbalanced Bids
31
Reduction of Bids After Opening
33
Monopolies Excluded
35
Contracts in Violation of Statutes
36
Irregularities Waived
37
Opening Bids
38
Advertisements
39
Public Officers not to be interested in Contracts
40
Exceptions
44
Exception by Legislature
51
Judicial Exceptions
53
Contracts for Patented Articles
56
Performance Precedent to Payment
61
Substantial Performance
62
Good Faith Essential
63
Defects because of Excess Work
67
Performance by Architects
68
Substantial Performance as Question of Fact
69
Substantial Performance as Question of Law
70
Waiver of Complete Performance
71
Waiver is a Question of Intent
72
Impossibility of Performance
73
Unforeseen Contingences
74
Prevention of Performance by Third Party
76
Prevention of Performance by Destruction of Essential Prop erty
78
Where Essential Conditions do not Exist
80
Performance to Satisfaction of Other Party
82
Entire and Divisible Contracts
83
Abandonment and Rescission
85
CHAPTER III
88
Indemnity against Claims for Damages
89
Liability to Third Parties
92
Release of Surety
94
General
99
TIME OF PERFORMANCE SECTIONS PAGES 51 Time of Performance not Specified
100
Extension of Time
101
Notice to begin Work
102
Specified Date for Performance Liquidated Damages
104
Excuses for Delay
107
Waiver of Forfeiture
116
Ejectment of Contractor for Delay
120
CHAPTER V
123
Required on Quantum Meruit
126
Decision Final in Absence of Fraud or Palpable Mistake
128
What Constitutes Bad Faith and Mistake
129
Certificates Based on Reports of Others
133
No Hearing Necessary
134
Waiver of Certificate
137
Certificate Excused when Contractor Ejected
138
Performance Prevented Excuses
140
Whose Certificate Required
141
Excuse must be pleaded
144
Arbitration
146
Statutory Arbitration
149
CHAPTER VI
154
Certificates not Necessary
158
Work Incident to the Contract
159
Extra Work Caused by Delay
164
Unforeseen Obstacles Provided Against
169
No Examination Permitted
170
Written Orders for Extra Work
171
Limitations in Municipal Contracts
173
Conflicting Specifications Interpretation
178
Contract and Plan
179
Plans and Specifications Annexed
180
Specifications Silent
181
CHAPTER VII
189
Payment by Mandamus
192
Special Provisions for Payment
195
Notice before Suit
199
Compliance as Condition Precedent
200
Substantial Compliance Necessary
202
Verbal Notice
204
Verification
205
Not Retroactive
206
Pleading
207
Partial Payments
209
Payment in Property
214
Damages General Rule
215
Breach of SubContractor
218
Breach by Owner Preparatory Expenses Loss of Profit
219
Special Circumstances Causing Damage
224
Opinion Evidence
226
Damages when Contractor Ejected
228
Provision for Cancellation or Alteration Impossibility
229
Remedies
230
Full Performance
233
Contract Under Seal
240
Liquidated Damages and Penalty 241
241
Owners Knowledge of Improvement Trespassers
281
Benefit Acquired
283
Limitation of Consent
284
Adjoining Properties
287
Labor and Materials for which Lien may be Acquired
288
Fixtures
289
Abandoned Property
291
Explosives Coal and Oil
292
Demolition of Buildings Moving Buildings
294
Furnaces and Ranges
296
Grading
297
Mirrors
298
Sidewalks
299
Architects and Engineers Services
300
Damages
301
CHAPTER XI
302
Mistakes and Wilfully False Statements
303
More than One Notice Amendments
306
Name and Residence of Lienor
307
Labor Performed Materials Furnished and Amount Claimed 310 1
310
Time of First and Last Items
314
Description
316
Signature and Verification
318
Filing and Serving Notice
320
Filing of Notice
321
Services of Notice
325
SECTIONS PAGES 171 Extent of Lien
326
Right to Demand Contract
327
Extent of Owners Liability
329
Abandonment and Ejectment
330
SubContractors
334
Entire and Several Contracts
336
Conveyances
339
Unrecorded Claims
340
Lienors and General Creditors
342
Bankruptcy
343
Preferences
344
Building Loan Contracts
345
Duration and Discharge of Lien Statute
348
Duration of Lien Commencement of Action
351
Lis Pendens
355
Orders Continuing Liens
356
Discharge of Lien In General
358
Discharge by Undertaking
361
Justification of Sureties
362
Procedure on Foreclosure
363
Permission to Sue on Undertaking
366
Sureties Liability on Appeal
367
Undertaking does not Preserve Lien
368
Cancellation of Undertaking
369
Section 59
373
Waiver of Lien
374
CHAPTER XIII
378
Distinction from Liens on Real Property
381
Extent of Lien
383
Notice of Lien
384
Filing Notice
386
Time of Filing
387
Order Continuing Lien
389
Priority of Liens
392
CHAPTER XIV
396
Jurisdiction Courts of Record
397
Who May Sue
399
Parties
403
Necessary Parties
404
Proper Parties
406
Fraudulent Conveyances
408
Amendment of Complaint
415
Public Improvement Liens
416
The Answer
417
Service of Answer
418
No Lien Filed by Defendant
421
General Denial
422
Counterclaim
423
Demurrer
426
Practice
428
Right to Stay
430
Injunction 431 1
431
Notice of Trial
432
Calendar Preferences
433
Waiver of Jury Trial
442
References
443
Judgments
444
Personal Judgment
448
Appeals
450
Costs
451
Courts not of Record
455
CHAPTER XV
463
Assignment of Lien
465
Assignments of Contracts and Orders
466
Provisions against Assignments
470
Liability of Assignee
471
Assignments and Sureties
472
Orders for Payment
473
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第 718 頁 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work wIth promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days...
第 259 頁 - Is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each offense. If any contractor with the state or a municipal corporation shall require more than eight hours...
第 730 頁 - ... being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
第 483 頁 - ... giving and granting unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as...
第 722 頁 - Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the Contractor's default.
第 251 頁 - Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor.
第 257 頁 - No person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial...
第 169 頁 - All loss or damage arising out of the nature of the work to be done under this agreement, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same...
第 258 頁 - Hours of labor to be required. — Any person or corporation, 1. Who, contracting with the state or a municipal corporation, shall require more than eight hours work for a day's labor; or 2. Who shall require more than ten hours...
第 522 頁 - ... instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order.

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