Posts Tagged ‘construction law’

The Maryland Board of Contract Appeals and “The Death of Common Sense”

In 1998, lawyer Philip Howard wrote The Death of Common Sense, which shined a spot light on how bureaucratic concerns and procedures often overshadowed governmental decisions and results. A recent Maryland Board of Contract Appeals case demonstrates that sixteen years later common sense is still dead.  The Board upheld the Maryland Transportation Authority’s (“MDTA”) rejection…

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Small Business Spotlight

Bowie & Jensen LLC supports small businesses and their continuing efforts in bettering our community. Watch how the specialists at Cuviello Concrete and Terrazzo Polishing battle the elements during adverse weather conditions to install polished concrete at the new US Naval Academy Commissary in Annapolis, Maryland.   

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What Flows Down May Come Up – As Surprises in the Subcontract

Read the fine print, sure. But don’t forget to review the pass-through or conduit clauses, referred to as “flow-down” provisions, that typically appear in construction subcontracts. Flow-down provisions create additional contractual obligations for subcontractors, even if such provisions are not actually stated in the subcontract. Instead, they are just generally referred to as a list…

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Bowie & Jensen’s "Best Lawyers in America"

Bowie & Jensen, LLC would like to congratulate Matthew Hjortsberg, Michael Siri, Mark Jensen, and William McComas on being selected for inclusion in the 21st Edition of The Best Lawyers in America publication. They have been selected by their peers for inclusion in the 21th Edition of The Best Lawyers in America in the following…

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Construction Law: Mechanic’s Liens in Maryland – The Basics – Updated

Here is an updated refresher on the basics of mechanic’s liens in Maryland for contractors, subcontractors, and owners.  Each party to a construction project should know the basics of mechanic’s liens in Maryland, including the timing of bringing forth a claim, notice requirements to the parties, and other considerations. The following list consists of some…

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The Can and Can’t of Mechanic’s Liens in Maryland

Mechanic’s liens in Maryland play an important role in ensuring contractors and subcontractors receive payment for work performed and materials provided on construction projects.  Mechanic’s liens, however, cannot be applied to all construction jobs and the application of mechanic’s liens in Maryland requires compliance with numerous statutory provisions.  The following is a list of can…

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Differences in Maryland’s Pay if Paid versus Pay when Paid Clauses

General contractors seeking to shift the risk of non-payment to subcontractors by making payment to subcontractors contingent on payment by the owner include “pay if paid” clauses in the subcontract; however, in Maryland, a subcontractor may not bear the entire risk if the clause does not contain specific language, as required by Maryland Courts. Maryland…

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Maryland Construction Law: No Action Provisions

By: Matt Hjortsberg In a case arising out of the to construction of the Gaylord Hotel at National Harbor, the Court of Appeals for the Fourth Circuit has ruled that the general contractor forfeited its right to collect literally tens of millions of dollars from its insurance carrier.

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Maryland Mechanic’s Liens: The Basics, Updated

In this new installment in our continuing discussion of mechanic’s liens in construction, we update the basics for proper exercise of this most vital right and remedy of contractors and subcontractors. Contractors and subcontractors must understand the basics regarding mechanic’s lien in Maryland in order to ensure they do not unintentionally waive any rights. These…

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Protecting Against Mechanic’s Liens

The Maryland Mechanic’s Lien law allows contractors, subcontractors and suppliers to bring claims directly against an owner of residential or commercial property, provided that the claimant meets certain procedural and substantive qualifications.  Additionally, Maryland contract law does not allow a contractor or subcontractor to waive their right to file a mechanic’s lien, even if the…

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