(a) You must not contract with any person in relation to the works or alter the plans and specifications or building contract for the works without our prior written consent. You must require the builder to promptly and properly perform its obligations under any building contract.
(b) Upon completion of the building works, you must obtain any certificates that we reasonably require as evidence that the building works have been properly completed (for example, a certificate issued by a local government or council authority). At your cost, we may obtain any reports or other information required by us during and upon completion of the building works.
(c) If you default in completing the building works, or if your builder defaults or ceases
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We will give you reasonable notice if we require access. However, you must give us access immediately if there is an emergency You accept that we determine what constitutes an emergency.
2.2 You must notify us of certain things
You must promptly notify us in writing if:
(a) default occurs;
(b) there is any damage to the mortgaged property (including the contracts and other property included in the definition of mortgaged property);
(c) if anything happens that materially affects the mortgaged property or its value.
2.3 Statutes
There may be some laws that limit mortgagee’s rights. None of those laws will operate to limit our rights under the mortgage unless by law we cannot limit how those rights apply to us (that is, those rights cannot be negated). In particular, we do not need to give any notice before exercising any right, power (including the power of sale), or remedy under the mortgage unless required by law, and if the law does require notice, we only need to give one day’s notice or the shortest notice required by that law. If any of the provisions of the mortgage are illegal or become illegal at any time, those provisions will cease to apply, but all other terms of the mortgage will remain in full force and effect.
2.4 Consumer legislation
To the extent
| |contractors/builders carrying out work on the premises. This is the main legislative framework that|
The mortgagor and the mortgagee both have different rights. Section 96(1) LPA gives the mortgagor the right to investigate the deeds and make duplicates, so far it is done at a sensible time and any expenses brought about by the mortgagee are paid. The mortgagee is entitled to ensure the mortgaged land and to charge the premiums to the mortgagor by adding them to the mortgage loan. There are different ways in which a mortgagee can impose his rights which is an ability to recuperate his money from the mortgagor or claim his money. It was held in Cheltenham & Gloucester Building Society that a mortgagee cannot be in a
The second problem arises during the time of handover of the project. This is the time where the contractors make the most nuisances and one will surely have to go through some legal hazards during that stage.
Deals with rules concerning escrow and settlement procedures for people who have trouble repaying their mortgages, and it amends the Real Estate Settlement Procedures Act of 1974. In connection with a residential mortgage there should be an established escrow account for the payment of taxes, and hazard insurance. If the need arises, flood insurance, mortgage insurance, ground rents, and other required periodic payments can also be added. Lender will communicate with a borrower at least three business days before they close the specifics of the amount they need in an escrow account and the subsequent uses for the funds. If the consumer chooses to close an escrow, impound, or trust account or one is not established, the servicer must provide a timely and clearly written disclosure that
When preparing estimates, the Contractor may also authorize details of preparatory work and material delivered on the site.
(-- removed HTML --) Does the Contractor Provide You With Vital Information? (-- removed HTML --)
Understanding mortgage finance laws of the State an individual intend to purchase a home or understanding mortgage lending theories is extremely necessary and important to any individual relocating to another state or those who have lived in a state and purchase their first home. Unfortunately, most individuals seeking to relocate assume and wrongly so, that the laws regarding mortgage finance are the same throughout the United States. They are unaware of the procedures or consequences involved in retaining their property should they become delinquent in their mortgage payments. When an individual moves from one state to another they subject themselves to the laws of the state in which they are doing business. However, in some states an individual may be able to specifically contract that the mortgage or contract may be governed by the laws of another state. This is seldom used for individual residential mortgages and used primarily in some commercial transactions that occur in another state. Mortgage laws in their new state may or may not be to their advantage and they should know the advantages and disadvantages before they decide on purchasing a home in their chosen state. This is
This research paper is focused on one of the biggest concern of the construction industry in today’s world, which is “Construction Delay Claims”. A construction project consists different individual or interdependent activities. There is a higher possibility that some sort of delay might occur in any of the involved activities. In order to mitigate issue of delays and make delay claim resolving process easier, researcher and engineers came with an idea which is know as “Critical Path Method (CPM)”. CPM would have different activity paths but among them the longest path (based on time duration) is known as critical path. Critical path is also known as “Zero Float Path”. Float is a certain extra amount of time allotted to activities which can be utilized before or during that activity. It can be understood that any delay in the activities that are on critical path could cause overall project to be delayed. Though delays are quiet common in construction projects, it is necessary to determine whether the delay is critical or not. Once the criticality of the delay is decided then the responsible party for the delay is determined. This is the basic logic behind all the construction delay claims assessment methodologies. Key tools in the assessment procedure are As- planned schedule and As- build schedule for the project. As- planned scheduled is the schedule submitted by the contractor to the owner prior to the construction work starts. As- build schedule is the schedule which
Power of sale [LPA 1925 ss101-105] this give the Mortgagee the power to sale the property however Section 101 states that the power of sale must have arisen. The criteria is that
These areas should be noted and monitored by industry practitioners during all stages of the construction process. The most common contributing factors in claims were increase in scope of the work, weather, restricted access, and acceleration. Categories of claims that were mentioned in the largest number of claims were site overhead, loss of productivity, loss of revenue, and financing costs. Contract clauses that were quoted in the claims were most commonly in the areas of delays, scheduling, and increase in the scope of work. The special consideration should be given to contract clauses dealing with changes/extras, disputes, soil/site conditions, and delay.
Mortgage lending is a major sector with the United States financial market today. “The modern mortgage has only been around since the 1930s, but the idea of a mortgage has been around for a lot longer.” (History of Mortgages, 2016) The literal meaning of the word ‘mortgage’ has Latin roots: ‘mort’ or death and ‘gage’ or pledge. Translated it supports “the idea that the pledge died once the loan was repaid, and also the idea that the property was ‘dead’ (or forfeit) if the loan wasn’t repaid.” (History of Mortgages, 2016) A mortgage is an agreement for the terms of your home loan, technically not the home loan itself. Real estate transactions require written documentation and this is the purpose of a mortgage.
This essay will consider the rights and remedies of both parties in a mortgage agreement where there has been default of payment. Furthermore, it will be concluded by taking a stand on whether further restriction needs to be placed on the right of he mortgagee.
Commonly, in the case of mortgages, two or more mortgagees will enter into a priority deed agreeing contractually the order of payment of money from the sale of one or more securities. Such agreements are binding between the parties even if the priorities therein recorded are different to the priorities registered on title. It is useful to note that such a priority deed often simply reiterates the priorities as they existed as a matter of law (in which case the deed is, strictly speaking, unnecessary), but sometimes, the deed accords the first mortgage additional rights.
In building construction and in fire prevention there are organizations that have created a useful system on how to determine what type of building falls under which category. The ICC (International Code Council) and the NFPA (National Fire Protection Association) create these building codes for the safety of firefighters. The two most commonly known standards for building classifications are the NFPA 5000 and also the International Building Code (IBC). The two are very similar, however, they different on sub-categorizing. The International Building Code uses Roman numerals behind the type of construction. In addition to subcategories with letters for each five classes and the amount of fire resistance provided for each building. NFPA
For this assignment the writer is going to discuss the nature and types of construction contracts and will explain the legal responsibilities of the various parties involved in the design and the construction process.