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Subtle but Substantive Differences: Mechanics’ Liens in Maryland, Virginia, and the District of Columbia – Pre-Lien Requirements

Mechanics’ lien are an important tool to unsure payment for general contractors and subcontractors for construction projects; however, because mechanics’ liens are a statutory creation, the requirements to obtain a mechanics’ lien vary by jurisdiction.  In Maryland, Virginia, or Washington D.C., general contractors and subcontractors must understand the different requirements, which include different pre-lien requirements,…

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Maryland’s Non-Licensed Residential Subcontractor Loophole

Maryland subcontractors need to ensure they are in compliance with all regulatory and licensing requirements before performing work on residential buildings or they may be left with nothing to show for it.  Maryland law clearly prohibits a subcontractor from performing work on a residence without a home improvement license and the failure to have a…

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Using the Maryland Construction Trust Statute as a Tool for Payment by Subcontractors

The Maryland Construction Trust statute protects subcontractors from dishonest practices by general and higher tiered subcontractors by making officers, directors, and managing agents personally liable when such agents knowingly use monies held in trust improperly.  A recent case by the Maryland Court of Special Appeals clarified the applicability of the Maryland Construction Trust statute, limiting…

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The Seven-Day Time Limit to File a Bid Protest Begins to Run when the Protestor Knew or Should Have Known a Basis for a Bid Protest

The Maryland State Board of Contract Appeals (“MSBCA”) determined that it did not have jurisdiction to hear the Supplemental Bid-Protest Appeal (the “Protest”) because the protestor did not file the Protest in a timely manner.  That is, the protestor did not file the Protest within seven days’ time, as required by COMAR 21.10.02.03B.  MSBCA stated…

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“Good Faith” Efforts to Include MBE Goals in a Bid

In Turlington Valuation Associates, Inc., MSBCA No. 2959 at 1 (May 11, 2016), the Maryland State Board of Contract Appeals (“MSBCA”) denied the appeal of Turlington Valuation Associates, Inc. (“Turlington”) after Turlington failed to make good faith efforts to meet the Minority Business Enterprise  (“MBE”) goals.  In its appeal, Turlington sought a waiver for the…

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