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Contracts

Teaming Agreement Nothing More Than an Agreement to Negotiate

Bowie & Jensen Case Law and Legal Update: In Advance Telecom Process v. DS Federal, the Maryland Court of Special Appeals affirmed the dismissal of a breach of contract action arising out of a “teaming agreement” between two government contractors. A subcontractor had filed suit claiming that the prime contractor had breached the teaming agreement…

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Differences in Maryland’s Pay if Paid versus Pay when Paid Clauses

General contractors seeking to shift the risk of non-payment to subcontractors by making payment to subcontractors contingent on payment by the owner include “pay if paid” clauses in the subcontract; however, in Maryland, a subcontractor may not bear the entire risk if the clause does not contain specific language, as required by Maryland Courts. Maryland…

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Joshua A. Glikin Quoted in Maryland Daily Record

Joshua A. Glikin was recently quoted in the Maryland Daily Record regarding a potential contractual dispute between the State and the contractors involved with the Maryland Health Connection website. The failed launch of Maryland Health Connection could turn into a contractual dispute between the State and the contractors that built the exchange. The Maryland Health Benefit…

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Maryland Construction Law: Retainage Decrease for Contractors

Retainage is required on almost all construction projects.  Retainage in a construction contract allows the developer to withhold a portion of each progress payment to the contractor until the project is complete.  Retainage is basically a form of insurance to the developer because there is a strong financial incentive for the contractor to complete the…

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The ABC's of Restrictive Covenants on Employees

Many misconceptions exist about the efficacy and need for non-disclosure, non-competition, and non-solicitation agreements, so it is important to keep a few simple facts in mind. A. The Law Prohibits Disclosing Confidential Information Many employers believe they must require employees to sign contracts prohibiting the disclosure or use of the employers’ confidential information and trade…

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What's in a Name? Independent Contractors v. Employees

Classifying or misclassifying someone as an employee or an independent contractor can have significant effects for employers. In an examination of the use of titles, Shakespeare famously wrote “That which we call a rose, by any other name would smell as sweet.”  Shakespeare clearly did not consider employment law when he wrote that metaphor because…

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Cloud Computing Requires Comprehensive Contracts

Cloud computing continues to grow in popularity as a plausible alternative to traditional methods of controlling information technology. Cloud computing is essentially the practice of using a network of remote servers hosted on the internet to store, manage and process data rather than on a local server or personal computer. In using cloud computing, end…

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