11/4/2006 1:18:45 AM
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Section 5: OPA Board Subject: OC Today Story Msg# 384796
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This is not a good lawyer, bad lawyer matter at all. If the OPA fails to pursue the permits or is stopped in its tracks by a referendum I doubt that either is grounds to void the contract. Most construction contracts are written and executed before permits are secured. The parties are obligated to exercise due diligence to secure the permits. Implied in the activity is that the party seeking the contract must make the necessary reasonable adjustments to comply with the code underlying the permit process. Only if the permit is denied or is granted in such a way that that intent of the construction contract is completely frustrated may the contract be rendered void. That is a very difficult standard to achieve. doubt will be achieved in this matter. | ||||||
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For reference, the above message is a reply to a message where: hi rick , i wonder if joe is going to reprimand dan sturchski for using scare tactics in the newspaper. if we don't have permits it is very easy to void a contract. dan is trying to scare people .. if the building process is in court , i doubt the contractor will make us pay because any good lawyer would have written that in the contract. just more lies from dan . russs |
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