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Contracts
Maryland State Board of Contract Appeals Provides Guidance On “Emergency” Procurements
The Maryland State Board of Contract Appeals addressed the State’s power to issue an “emergency” procurement pursuant to COMAR. Trinity Services Group, MSBCA 2917, 2931 & 2935. This matter arose out of the Maryland Department of Public Safety and Correctional Services (“DPSCS”) issuance of a RFP for a private vendor to provide food services to…
Read MoreTeaming 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…
Read MoreThe General Assembly Passes a New Law Regarding Contracts for the Sale of New Homes
On April 4, 2015, the General Assembly of Maryland passed a new law under the Maryland Home Builder Registration Act, which states that contracts for the sale of new homes must include a written commitment for a loan secured by the property unless other provisions regarding the financial contingency are expressed. If the contract shall…
Read MoreSummary for Appeal of AFPS before the MD State Board of Contract Appeals
The Maryland State Board of Contract Appeals (“MSBCA”) has once again made it clear that the seven day time period for lodging a bid protest is inflexible, absolute and unassailable. In other words, “don’t blow it.”
Read MoreDifferences 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…
Read MoreJoshua 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…
Read MoreMaryland 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…
Read MoreThe 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…
Read MoreWhat'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…
Read MoreCloud 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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