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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... Date of notice to owner. A declaration by a subcontractor is not demurrable because of omission to state when the notice to the owner was given. Norfolk & Western R. R. Co. v. Howison, 81 Va. 125, 129. 1885. No recovery of unused material. A subcontractor who sold and delivered materials to the principal contractor for use in the erection of a building was not entitled, in an action of trover, upon the principal contractor's becoming innsolvent, to recover such materials from the owner, although they had never been incorporated in the building, unless he show fraud in the making of the contract. University of Virginia v. Snyder, 100 Va. 567, 42 S. B. 337. 1902. (b) Owner's Debt To General Contractor. Credits due the owner. In an accounting between the owner and subcontractors where the issue was as to the amount of the balance due by the owner (which balance was the difference between the contract price and the amount paid out by the owner to those who had done the work and furnished the material), it was held that the owner was entitled to credit for such sums as had been paid by him in discounting promissory notes given by the principal contractor in payment of work and material to various subcontractors; that such payments were not assignments or transfers of any part of the debt due or to become due the general contractor by the owner as prohibited by section 2482a, section 9 of this Compilation, but were simply a payment of the contract price directly to those who had done the work and furnished the materials, which was what the act was intended to accomplish; and that whether such notes were payable at the owner's (a bank) or at other banks, or whether, instead of notes, the principal contractor gave the subcontractors orders on...
This book presents for the first time, the construction mechanics lien statutes of the fifty states and the District of Columbia. Also presented is the Miller Act, which requires payment bonds for the protection of subcontractors and suppliers on federal projects. The book was edited by James Acret, of counsel to Thelen Reid & Priest in Los Angeles, and recognized nationwide as a leading authority on construction law.Also included is Acret's Simplified Summary of the mechanics lien laws along with a treatment of stop notice and payment bond remedies. The catchlines to the statutes were also written by Acret.Since every state has its own mechanics lien statute, learning acquired in one state cannot be transferred to another without a careful study of its particular statute.Since most states impose preliminary notice requirements, a contractor, design professional, or material supplier can't afford to wait until after a collection problem arises to look up the applicable law. Likewise, developers, sureties, and construction lenders must take steps to protect themselves at the beginning of the development process rather than after payment problems have arisen. Developers, contractors, subcontractors, design professionals, building material dealers, construction lenders, and sureties will find this book indispensable.