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Posts Tagged ‘construction’

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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Construction 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.

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Construction 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,…

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Construction 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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