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Recent content by Not IC

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    Statute of limitations and estoppel question

    What is the name of your state? Guam If a defendant for some reason is estopped from pleading the statute of limitations does that extend the statute of limitations for a plaintiff from when the defendant was estopped? Say the normal statute of limitations for breach are 4 years, but an event...
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    Question about a open book contract in construction.

    I appreciate your help anyways thank you
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    Question about a open book contract in construction.

    If there is an unpaid balance on a contract and it automatically renews does the balance move forward restarting the statute of limitations? If there is an unpaid balance on a contract and it automatically renews does the balance move forward restarting the statute of limitations?
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    Question about a open book contract in construction.

    I read the description you posted and he did keep copies of his invoices which showed payments to him. The invoices showed the payment versus the total amount of hours worked. His contract is defined as a open account contract. Guam tax law mirrors federal tax law. Little to no estate tax when...
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    Question about a open book contract in construction.

    Is an open book contract the same as open book account or does it create a open book account? This is a construction contract with a fixed price and allowable increases.
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    Question about a open book contract in construction.

    If there is an unpaid balance on a contract and it automatically renews does the balance move forward restarting the statute of limitations? The contract is a not to exceed year to year with automatic renewal clause open book construction contract that was used for 10-14 years until my father...
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    Question about a open book contract in construction.

    I agree with you. The problem is however that he owed a few hundred thousand in taxes. We are mostly interested in collecting if an excess is possible. I did read that my mother could qualify for family allowance before the taxes comes out like a year or two worth. We don’t have a lot of money...
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    Question about a open book contract in construction.

    H The customer owes $1.5 million over the 12-14 year period. Not sure what’s collectible. There has been no effort to directly collect the amount owed after my fathers death. I represent my mother and we live in a community property state/territory. Opening probate is unnecessary if we can’t...
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    Question about a open book contract in construction.

    They defined his contract as a not to exceed year to year contract. I read it is also known as a open account contract common in construction. The contract allowed for additional expenses. My father contacted the other party and their lawyer two years into the contract notifying them that they...
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    Question about a open book contract in construction.

    What is the name of your state? Guam If there is a ongoing relationship under an open book contract say 12 years where payments are made monthly and additional costs are allowed only with permission does the balance continue on with the contract? The contract has an automatic renewal clause...
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    Does the statute of repose apply to other situations?

    On Guam it’s 18 months for the claim plus another 18 months to sue for gov. Angencies. However autonomous agencies are different. They have to follow procurement law, but they can enter into any contract they see will benefit the people of Guam. They can be sued in their own name separately. The...
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    Does the statute of repose apply to other situations?

    Man I just realized you were the one that helped answer my question in the other thread I had. I was just about to ask you another question. LOL
  13. N

    Does the statute of repose apply to other situations?

    How would that mean the time to file a claim has passed? He died 2 years ago and thats when they stopped paying him. Its 4 years if its based on a written contract and 4 years from the time the last item of account if its a open book contract. His was an open book contract so if I'm not mistaken...
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    Does the statute of repose apply to other situations?

    I don't know about law. I read something about how the patent or latent deficiencies could be related to things like planning or accounting both related. I also read about indemnification and saw a few cases where contractors were asking for unpaid balances. (your quote in brackets is...
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