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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…
Read MoreThe 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…
Read MoreDifferences 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…
Read MoreMaryland 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.
Read MoreConstruction Law: Maryland Construction Trust Statute Protection for Subcontractors in Maryland
The Maryland Construction Trust statute provides another tool for subcontractors to obtain payment by requiring higher tiered contractors on a construction project to hold monies paid in a trust for the subcontractor who provided work or furnished materials on a project.
Read MoreConstruction Law: Mechanic’s Lien Against Commercial Tenants
Mechanic’s liens in Maryland allow a general or subcontractor to obtain a lien on the building on which they performed work or supplied materials. In commercial real property, however, some confusion may arise as to the definition of “owner” as outlined in the Maryland Mechanic’s Lien Statute.
Read MoreConstruction Law: Mechanic’s Lien Rights Vulnerable to Loss in Sale
Mechanic’s liens in Maryland provide a powerful recovery tool for general and subcontractors to ensure payment on private construction projects. But contractors should file promptly once a claim emerges lest they lose their rights in a possible sale of the construction property.
Read MoreConstruction Law: Successful Subrogation Defense for Contractors
(Towson, Maryland) Bowie & Jensen trial attorney Jason Brino successfully defended a contractor in a subrogation claim brought by an insurance carrier claiming that faulty workmanship caused a building to collapse in a recent lawsuit.
Read MoreConstruction Law: Building To Code
In Maryland, and in many other states, it is the builder’s responsibility to ensure any structure meets all applicable building codes, regardless of the language of a contract. Construction contracts in Maryland automatically include the local law where the work is to be preformed, meaning that county building codes are automatically part of a contract,…
Read MoreConstruction Law: April Showers Bring May Delay Claims
The construction industry is getting ready to awake from winter hibernation. Longer daytime hours and warmer weather also marks the beginning on various construction projects, Unfortunately, Mother Nature does not always cooperate with even the best planned construction schedules. April showers bring May flowers, as well as delay claims. The construction industry must address the…
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