Construction Law Blog

In Maryland, and in many other states, it is the builder’s responsibility to ensure any structure meets all applicable building codes, regardless of the language of a contract.  Construction contracts in Maryland automatically include the local law where the work is to be preformed, meaning that county building codes are automatically part of a contract,…

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The construction industry is getting ready to awake from winter hibernation. Longer daytime hours and warmer weather also marks the beginning on various construction projects,   Unfortunately,  Mother Nature does not always cooperate with even the best planned construction schedules. April showers bring May flowers, as well as delay claims.  The construction industry must address the…

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Joint check agreements can be an effective way to ensure that payment makes its way downstream to a subcontractor or supplier, particularly when there is a distressed contractor or subcontractor on a project. Owners and upper-tier contractors and subcontractors weary of lower-tier subcontractors and suppliers filing mechanic’s liens (where rights exist) may elect to make…

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In December 2011, the Circuit Court of Maryland for Howard County awarded a Columbia, Maryland-based church an award of $1.165 million after its surety breached its contractual obligations to complete the project when the general contractor walked off the job. The property owner, First Baptist Church, purchased a surety bond from Fidelity & Deposit Company…

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Many US contractors are unaware of the body of law that governs the shipment of materials from overseas. The Convention for the International Sale of Goods (“CISG”) operates as the governing law on international transactions involving the sale of goods between participating countries. (for a list of participating countries click here). The CISG is similar…

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Everyone should know the basics regarding mechanic’s lien in Maryland, including timing of bringing forth a claim, notice to parties, and other considerations. The following list consists of some of the basic considerations that any party to a potential mechanic’s lien should consider: Timing – In Maryland, a contractor or subcontractor must bring a mechanic’s…

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Designed to protect homeowners from unlicensed contractors, the Maryland Home Improvement Law renders a contract between an owner and unlicensed contractor unenforceable. Essentially, if you are a contractor that performs home improvement work for a home owner, but you do not have a license, there will be no obligation by the home owner to make…

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