Law Notes

Reports to the Arkansas Bar by the Faculty of the University of Arkansas School of Law.

School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

Articles written by

Carl Circo

Selected Construction Contract Clauses: From the Routine to the Cutting Edge

This article discusses nine topics that present special challenges for attorneys negotiating and drafting construction contracts. Most of these involve standard issues that come up in practically every construction project. A few involve developments that are just beginning to attract the special attention of the construction bar.

Land Use Impact Fees: Does Koontz v. St. Johns River Water Management District Echo an Arkansas Philosophy of Property Rights?

Carl J. Circo Introduction A striking and unusual premise launches the takings clause of the Arkansas Constitution of 1874: “The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or […]

Put the Arkansas Construction Lien Notice Statute Out of Its Misery

When I arrived at the School of Law a few years ago, I had a revealing conversation with the first practicing lawyer to whom I mentioned my Construction Law class.  “Well, then,” said my new acquaintance, “you must be the fellow who can explain […]

Learning From Real Estate Lore

[E]very once in a while, the law can be fun!  Not loud, frolicking fun—but the quiet fun of intellectual games. Not the exhilaration of biking and hiking—but the excitement of exploring and discovering. In form, this is a book review. More essentially, however, […]

How Does the Arkansas Trust Code Affect Real Estate Transactions?

The Arkansas Trust Code (ATC) has been in effect since September 1, 2005. In addition to Arkansas, 18 other states, plus the District of Columbia, have enacted versions of the Uniform Trust Code. This is a remarkable result for a uniform law first […]

Why is This Boilerplate in My Real Estate Contract?

“Boilerplate: Standard legal language . . . . It has been baffling to laymen, but has been accepted by courts for so long that lawyers have little incentive to simplify such language.” In truth, standard legal language need not be […]