Construction Law Blog

Construction Law Blog

Critical Construction Clauses: Termination for Convenience

Two people walking down the wedding aisle rarely think at the time about how to divide their assets in the event of a divorce. In some circumstances, however, the couple will have entered into a prenuptial agreement, outlining the property and financial rights of each spouse in such an event. Most construction contracts, however, do…

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Maryland Upholds Mandatory Project Labor Agreements for State Construction Projects

In Balfour Beatty v. Department of General Services, the Maryland Court of Appeals upheld the validity of the inclusion of a Project Labor Agreement (“PLA”) as part of a technical proposal for the construction of the Cheltenham juvenile justice facility.  A PLA is a negotiated pre-hire agreement between a construction manager and a designated collective-bargaining…

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The Maryland Board of Contract Appeals and “The Death of Common Sense”

In 1998, lawyer Philip Howard wrote The Death of Common Sense, which shined a spot light on how bureaucratic concerns and procedures often overshadowed governmental decisions and results. A recent Maryland Board of Contract Appeals case demonstrates that sixteen years later common sense is still dead.  The Board upheld the Maryland Transportation Authority’s (“MDTA”) rejection…

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Small Business Spotlight

Bowie & Jensen LLC supports small businesses and their continuing efforts in bettering our community. Watch how the specialists at Cuviello Concrete and Terrazzo Polishing battle the elements during adverse weather conditions to install polished concrete at the new US Naval Academy Commissary in Annapolis, Maryland.   

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What Flows Down May Come Up – As Surprises in the Subcontract

Read the fine print, sure. But don’t forget to review the pass-through or conduit clauses, referred to as “flow-down” provisions, that typically appear in construction subcontracts. Flow-down provisions create additional contractual obligations for subcontractors, even if such provisions are not actually stated in the subcontract. Instead, they are just generally referred to as a list…

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Construction Law: Mechanic’s Liens in Maryland – The Basics – Updated

Here is an updated refresher on the basics of mechanic’s liens in Maryland for contractors, subcontractors, and owners.  Each party to a construction project should know the basics of mechanic’s liens in Maryland, including the timing of bringing forth a claim, notice requirements to the parties, and other considerations. The following list consists of some…

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