A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Massachusetts Harvey Waiver is a legal term that refers to a specific type of waiver designed to limit liability and protect parties involved in a construction project. This waiver is commonly used in Massachusetts and plays a crucial role in ensuring the smooth progress of construction projects. In essence, the Massachusetts Harvey Waiver is a contract provision that releases one party, typically a general contractor or property owner, from liability for damages caused by any liens filed against the property by subcontractors, suppliers, or laborers. By signing this waiver, these parties agree to waive their lien rights and relinquish their ability to file a claim against the property for unpaid bills or non-payment issues. There are two main types of Massachusetts Harvey Waiver: the partial waiver and the final waiver. A partial waiver is typically used when the contractor or subcontractor has completed a specific phase of work or has received a partial payment for the services rendered. This type of waiver releases the lien rights only for the amount mentioned in the waiver, preserving the contractor's right to claim for any remaining balance. On the other hand, a final waiver is executed when the entire project has been completed, and all outstanding payments have been settled. This final waiver releases all lien rights, ensuring that the contractor or subcontractor cannot file a claim for payment against the property in the future. Both types of waivers play a crucial role in the construction industry, particularly in preventing payment disputes and protecting property owners from potential legal complications. Massachusetts Harvey Waivers are commonly used to establish clear and defined payment terms between parties involved in construction projects, providing a level of security for all parties. It is important for all parties involved, including general contractors, subcontractors, suppliers, and property owners, to thoroughly understand the implications of signing a Massachusetts Harvey Waiver and to ensure that all contractual obligations are met. By doing so, potential conflicts and legal issues can be avoided, leading to smoother project execution and successful completion. In conclusion, the Massachusetts Harvey Waiver is a vital tool in the Massachusetts construction industry that helps mitigate risks and streamline payment processes. Whether it is a partial or final waiver, understanding the terms and implications of these waivers is crucial for all parties involved in construction projects to protect their interests and maintain a harmonious working relationship.Massachusetts Harvey Waiver is a legal term that refers to a specific type of waiver designed to limit liability and protect parties involved in a construction project. This waiver is commonly used in Massachusetts and plays a crucial role in ensuring the smooth progress of construction projects. In essence, the Massachusetts Harvey Waiver is a contract provision that releases one party, typically a general contractor or property owner, from liability for damages caused by any liens filed against the property by subcontractors, suppliers, or laborers. By signing this waiver, these parties agree to waive their lien rights and relinquish their ability to file a claim against the property for unpaid bills or non-payment issues. There are two main types of Massachusetts Harvey Waiver: the partial waiver and the final waiver. A partial waiver is typically used when the contractor or subcontractor has completed a specific phase of work or has received a partial payment for the services rendered. This type of waiver releases the lien rights only for the amount mentioned in the waiver, preserving the contractor's right to claim for any remaining balance. On the other hand, a final waiver is executed when the entire project has been completed, and all outstanding payments have been settled. This final waiver releases all lien rights, ensuring that the contractor or subcontractor cannot file a claim for payment against the property in the future. Both types of waivers play a crucial role in the construction industry, particularly in preventing payment disputes and protecting property owners from potential legal complications. Massachusetts Harvey Waivers are commonly used to establish clear and defined payment terms between parties involved in construction projects, providing a level of security for all parties. It is important for all parties involved, including general contractors, subcontractors, suppliers, and property owners, to thoroughly understand the implications of signing a Massachusetts Harvey Waiver and to ensure that all contractual obligations are met. By doing so, potential conflicts and legal issues can be avoided, leading to smoother project execution and successful completion. In conclusion, the Massachusetts Harvey Waiver is a vital tool in the Massachusetts construction industry that helps mitigate risks and streamline payment processes. Whether it is a partial or final waiver, understanding the terms and implications of these waivers is crucial for all parties involved in construction projects to protect their interests and maintain a harmonious working relationship.