News
Major Supreme Court Decision on Sales Tax and Internet Sales
On Thursday, June 21, 2018, the Supreme Court decided that an out-of-state seller can be required to collect sales tax in a state even if the seller doesn’t have a physical presence there. In doing so, the Court expressly overruled its own longstanding precedent. The primary practical impact of the decision is that internet sellers…
Read More“Paid-if-Paid” v. “Paid-When-Paid” Clauses
On May 24, 2018, the Court of Appeals of Maryland filed its decision in Young Electrical Contractors, Inc. v. Dustin Construction, Inc. In its decision, the Court of Appeals analyzed a Subcontract under Virginia law to determine whether the payment provisions in the Subcontract were “paid-if-paid” or “paidwhen-paid” provisions. The Circuit Court held that a…
Read MoreMaryland Legislature 2018 Summary for Contractors
General Contractor Liability for Unpaid Wages – Employee of subcontractor or subsubcontractor can sue general contractor for unpaid wages. General contractor is now responsible for ensuring that subcontractors are paying employees. Subcontractor must indemnify general contractor for unpaid wages. Procurement – Architectural Services and Engineering Services – Reciprocal Preference – The legislation restores a reciprocal preference…
Read MoreEsworthy Inducts the Penn State Law Class of 2018 into the Penn State Alumni Association
On Saturday, May 12, 2018, Matt Esworthy as President of the Penn State Law Alumni Association inducted the Penn State Law Class of 2018 into the Penn State Alumni Association – the greatest alumni network in the world with more than 660,000 alumni and 177,000 active members. This particular graduation was special because it was…
Read MoreCommentary by Matthew A. S. Esworthy Published by The Daily Record: Bite-sized cybersecurity
In this age of data breaches, malware, ransomware and phishing attempts, small and mid-sized businesses can no longer operate under the premise that they are safe. Eeventually, every business will experience some form of cyberattack. How should you handle this risk? Do you wait until the crippling attack occurs, or do you take proactive measures…
Read MoreSubtle 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,…
Read MoreNicole Windsor Advises Employers on What They Need to Know About the Maryland Healthy Working Families Act
By: Nicole Windsor, Esq. On February 11, 2018, the “Maryland Healthy Working Families Act” (the “Act”) went into effect. The new law requires employers to provide “earned sick and safe leave” (“ESS”) to employees to use for themselves and to care for their family members as described below. Existing paid leave may be used to…
Read MoreMatt Esworthy Speaks at CFMA Seminar on Construction & Cyber Resiliency: What You Need to Know & What You Need to Do
Matthew A. S. Esworthy, a partner at Bowie & Jensen, served as one of four presenters at the CFMA Seminar hosted by RCM&D in Towson, Maryland. The subject was Construction & Cyber Resiliency. The expert panel, which included Wayne Schmidt and Christina Majernik of Domain 5, and Sharon Sabala of RCM&D engaged in a lively discussion…
Read MoreMaryland’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…
Read MoreUsing 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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