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…

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“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…

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Maryland 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…

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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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