News

The United States Government Accountability Office (“GAO”) recently upheld a bid protest for a Maryland construction company in a $675-million design-build contract for upgrades to the flood control system in New Orleans, Louisiana. Bechtel Infrastructure Corporation, based out of Frederick, Maryland, lost its bid for the Permanent Canal Closures and Pump Stations (“PCCP”) to CBY…

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Very often construction contracts contain provisions that explicitly require that the parties reduce all modifications to a contract into writing. These “non-waiver” clauses are ostensibly written to prevent the enforceability of oral modifications to agreements or modifications by contract. Recently, the Maryland Court of Appeals reaffirmed its reluctance to strictly enforce these provisions and instead…

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The United States is a country built on entrepreneurship and inventions. Many hockey players would say the best US invention is the Zamboni. During July in Maryland, my favorite invention is air-conditioning! From cars to airplanes to even crayons, American businesses have developed wonderful ideas, processes and trade secrets to make their company’s profitable. But…

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FAIR USE FIASCO – BE CAREFUL USING *ANY* IMAGE ONLINE by Mike Oliver The internet is littered with millions of images – taken by professional and amateur photographers alike, that contain NO identification of the author of the image. In part, this may be because it is not known, and in part it could be…

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Maryland Laws Affecting Contractors Effective July 1, 2011 Effective July 1, 2011 certain laws passed by the Maryland General Assembly and signed by the Governor will go into effect. The following Laws may have an impact on your business as a contractor: Senate Bill 120/House Bill 456 – Minority Business Participation This Bill extends the…

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Numerous online resources exist to assist potential Maryland MBE/DBEs navigate the application process. The following list contains important websites that any potential minority business enterprise or disadvantaged business enterprise should consult prior to filing of an application to the Maryland Department of Transportation. These online resources will assist in clarifying any potential questions that may…

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Contractors in Maryland familiar with State and County procurement have likely experienced the heavy handed scrutiny of their Minority Business Enterprise (“MBE”) participation forms contained in their bid submissions. Quite often the procurement officer will reject bids for very minor irregularities in the MBE forms. For example, this law firm represented a contractor who submitted…

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As private construction projects remain scarce, many subcontractors are focusing on public work. While the government will certainly eventually pay its general contractor, delays are likely and you can expect the party with whom you contracted to drag its feet on payment as well. However, you should not let your bond rights slip in trusting…

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The 2011 regular legislative session of the Maryland General Assembly was relatively quiet as far as changes to tax law are concerned. Nonetheless, there were a few changes of note for businesses and their owners: The sales and use tax on alcoholic beverages will increase from the generally applicable rate of 6% to 9% on…

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