construction
Defined in 8 dictionaries — Case Law, U.S. Code, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Burrill (1850)
Definitions from Case Law
From 229 U.S. 187 - Swigart v. Baker · 1913Most cited · 76 citing opinions
The phrase is not expressly defined, and being general in its terms, is not necessarily limited to building, but may include the preservation and maintenance of what has been built.
United States Code
10 U.S.C. § 2871 — in this subchapter (2 versions over time)
The term "construction" means the construction of housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.
14 U.S.C. § 677 — in this section
The term “construction” includes the construction, procurement, development, conversion, or extension of any facility.
14 U.S.C. § 680 — in this chapter (2 versions over time)
The term “construction” means building, renovating, or improving military family housing and military unaccompanied housing.
20 U.S.C. § 4351 — as used in this chapter
The term “construction” includes construction and initial equipment of new buildings, and expansion, remodeling, and alteration of existing buildings and equipment therein, including architect's services, but excluding off-site improvements.
20 U.S.C. § 7713 — for purposes of this subchapter
The term “construction” means—
(A) the preparation of drawings and specifications for school facilities;
(B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities;
(C) inspecting and supervising the construction of school facilities; and
(D) debt service for such activities.
23 U.S.C. § 101 — in this title (10 versions over time)
The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. Such term includes—
(A) preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, assessing resilience, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;
(B) reconstruction, resurfacing, restoration, rehabilitation, and preservation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;
(E) elimination of hazards of railway-highway grade crossings;
(F) elimination of roadside hazards;
(G) improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas;
(H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and
(I) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.
26 U.S.C. § 148 — for purposes of this section (4 versions over time)
For purposes of this subparagraph, the term “construction” includes reconstruction and rehabilitation, and rules similar to the rules of section 142(b)(1)(B) shall apply.
(i) In the case of a construction issue, paragraph (2) shall not apply to the available construction proceeds of such issue if the spending requirements of clause (ii) are met.
(ii) The spending requirements of this clause are met if at least—
(I) 10 percent of the available construction proceeds of the construction issue are spent for the governmental purposes of the issue within the 6-month period beginning on the date the bonds are issued,
(II) 45 percent of such proceeds are spent for such purposes within the 1-year period beginning on such date,
(III) 75 percent of such proceeds are spent for such purposes within the 18-month period beginning on such date, and
(IV) 100 percent of such proceeds are spent for such purposes within the 2-year period beginning on such date.
(iii) The spending requirement of clause (ii)(IV) shall be treated as met if—
(I) such requirement would be met at the close of such 2-year period but for a reasonable retainage (not exceeding 5 percent of the available construction proceeds of the construction issue), and
(II) 100 percent of the available construction proceeds of the construction issue are spent for the governmental purposes of the issue within the 3-year period beginning on the date the bonds are issued.
(iv) For purposes of this subparagraph, the term “construction issue” means any issue if—
(I) at least 75 percent of the available construction proceeds of such issue are to be used for construction expenditures with respect to property which is to be owned by a governmental unit or a 501(c)(3) organization, and
(II) all of the bonds which are part of such issue are qualified 501(c)(3) bonds, bonds which are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a 501(c)(3) organization.
(v) If—
(I) all of the construction expenditures to be financed by an issue are to be financed from a portion thereof, and
(II) the issuer elects to treat such portion as a construction issue for purposes of this subparagraph,
(vi) For purposes of this subparagraph—
(I) The term “available construction proceeds” means the amount equal to the issue price (within the meaning of sections 1273 and 1274) of the construction issue, increased by earnings on the issue price, earnings on amounts in any reasonably required reserve or replacement fund not funded from the issue, and earnings on all of the foregoing earnings, and reduced by the amount of the issue price in any reasonably required reserve or replacement fund and the issuance costs financed by the issue.
(II) The term “available construction proceeds” shall not include amounts earned on any reasonably required reserve or replacement fund after the earlier of the close of the 2-year period described in clause (ii) or the date the construction is substantially completed.
(III) The term “available construction proceeds” shall not include payments on any obligation acquired to carry out the governmental purposes of the issue and shall not include earnings on such payments.
(IV) At the election of the issuer, the term “available construction proceeds” shall not include earnings on any reasonably required reserve or replacement fund.
(vii)
(I) At the election of the issuer, paragraph (2) shall not apply to available construction proceeds which do not meet the spending requirements of clause (ii) if the issuer pays a penalty, with respect to each 6-month period after the date the bonds were issued, equal to 1½ percent of the amount of the available construction proceeds of the issue which, as of the close of such 6-month period, is not spent as required by clause (ii).
(II) The penalty imposed by this clause shall cease to apply only as provided in clause (viii) or after the latest maturity date of any bond in the issue (including any refunding bond with respect thereto).
(viii) At the election of the issuer (made not later than 90 days after the earlier of the end of the initial temporary period or the date the construction is substantially completed), the penalty under clause (vii) shall not apply to any 6-month period after the initial temporary period under subsection (c) if the requirements of subclauses (I), (II), and (III) are met.
(I) The requirement of this subclause is met if the issuer pays a penalty equal to 3 percent of the amount of available construction proceeds of the issue which is not spent for the governmental purposes of the issue as of the close of such initial temporary period multiplied by the number of years (including fractions thereof) in the initial temporary period.
(II) The requirement of this subclause is met if the amount of the available construction proceeds of the issue which is not spent for the governmental purposes of the issue as of the close of such initial temporary period is invested at a yield not exceeding the yield on the issue or which is invested in any tax-exempt bond which is not investment property.
(III) The requirement of this subclause is met if the amount of the available construction proceeds of the issue which is not spent for the governmental purposes of the issue as of the earliest date on which bonds may be redeemed is used to redeem bonds on such date.
(ix) If—
(I) the construction to be financed by a construction issue is substantially completed before the end of the initial temporary period,
(II) the issuer identifies an amount of available construction proceeds which will not be spent for the governmental purposes of the issue,
(III) the issuer has made the election under clause (viii), and
(IV) the issuer makes an election under this clause before the close of the initial temporary period and not later than 90 days after the date the construction is substantially completed,
(x) In the case of a failure (which is not due to willful neglect) to pay any penalty required to be paid under clause (vii) or (viii) in the amount or at the time prescribed therefor, the Secretary may treat such failure as not occurring if, in addition to paying such penalty, the issuer pays a penalty equal to the sum of—
(I) 50 percent of the amount which was not paid in accordance with clauses (vii) and (viii), plus
(II) interest (at the underpayment rate established under section 6621) on the portion of the amount which was not paid on the date required for the period beginning on such date.
(xi) At the election of the issuer of an issue the proceeds of which are to be used to make or finance loans (other than nonpurpose investments) to 2 or more persons, the periods described in clauses (ii) and (iii) shall begin on—
(I) the date the loan is made, in the case of loans made within the 1-year period after the date the bonds are issued, and
(II) the date following such 1-year period, in the case of loans made after such 1-year period.
(xii) For purposes of this subparagraph, payments of principal on the bonds which are part of the construction issue shall not be treated as an expenditure of the available construction proceeds of the issue.
(xiii)
(I) Except as provided in this clause, clause (vii)(II), and the last sentence of clause (x), this subparagraph shall not apply to any refunding bond and no proceeds of a refunded bond shall be treated for purposes of this subparagraph as proceeds of a refunding bond.
(II) For purposes of clause (v), any portion of an issue which is used to refund any issue (or portion thereof) shall be treated as a separate issue.
(III) The requirements of paragraph (2) shall be treated as met with respect to earnings for any period if a penalty is paid under clause (vii) or (viii) with respect to such earnings for such period.
(xiv) Any election under this subparagraph (other than clauses (viii) and (ix)) shall be made on or before the date the bonds are issued; and, once made, shall be irrevocable.
(xv) Any penalty under this subparagraph shall be paid to the United States not later than 90 days after the period to which the penalty relates.
(xvi) If the spending requirements of clause (ii) are met with respect to the available construction proceeds of a construction issue, then paragraph (2) shall not apply to earnings on a bona fide debt service fund for such issue.
26 U.S.C. § 45L — for purposes of this section
The term “construction” includes substantial reconstruction and rehabilitation.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
COURT OF. A court of equity or of common law, as the case may be, is called the "court of construction" with regard to wills, as opposed to the "court of probate," whose duty is to decide whether an instrument be a -voll at all. Now, the court of probate may decide that a given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc. Wharton.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
The process or the art, of determining the sense, real meaning or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument or oral agreement or the application of such subject to the case In question, by reasoning in the light derived from extraneous connected circumstances or laws or writings bearing upon the same or a connected matter or by seeking and applying the probable aim and purpose of the provision. It is to be noted that this term is properly distinguished from interpretation, although the two are often used synonymously. In strictness, interpretation is limited to exploring the written text, while construction goes beyond and may call in the aid of extrinsic considerations, as above indicated. Strict and liberal construction. Strict construction is construction of a statute or other instrument according to its letter, which recognizes nothing that is not expressed, takes the language used in its exact and technical meaning, and admits no equitable considerations or implications. Paving Co., v. Watt, 51 La. Ann. 1345, 26 South. 70; Stanyan v. Peterborough, 69 N. H. 372, 46 Atl. 191. Liberal construction, on the other hand, expands the meaning of the statute to meet cases which are clearly within the spirit or reason of the law, or within the evil which it was designed to remedy, provided such an interpretation is not inconsistent with the language used; it resolves all reasonable doubts in favor of the applicability of the statute to the particular case. Black, Interp. Laws, 282; Lawrence v. McCalmont, 2 How. 449, 11 L. Ed. 326; In re Johnson's Estate, 98 Cal. 531, 33 Pac. 460, 21 L. In A. 380; Shorey v. Wyckoff, 1 Wash. T. 351.
— Construction, court of. A court of equity or of common law, as the case may bs, is calied the court of construction with regard to wills, as opposed to the court of probate, whose duty is to decide whether an instrument be a will at all. Now, the court of probate may decide that a given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc. Wharton.
— Equitable construction. A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule or remedy ; that is, a liberal and extensive construction, as opposed to a literal and restrictive. Smiley v. Sampson, 1 Neb. 91.
A Law Dictionary and Glossary
George C. Kinney · 1893
A putting together; a putting an instrument; an arrangement or so as to extract, by a process of inference, drawing of conclusions from what is given subjects beyond, the words used, — spirit, though not within the letter, of the tation, v. Liberal; Strict.
A Dictionary of Law
Henry Campbell Black · 1891
The process, or the art, of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, by reasoning in the light derived from extraneous connected circumstances or laws or writings bearing upon the same or a connected matter, or by seeking and applying the probable aim and purpose of the provision. It is to be noted that this term is properly distinguished from interpretation, although the two are often used synonymously. In strictness, interpretation is limited to exploring the written text, while construction goes beyond and may call in the aid of extrinsic considerations, as above indicated.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
[Lat. constructio, from construere, to frame or put together.] Interpretation; explanation; the manner of understanding the arrangement of words or of understanding facts. Webster.