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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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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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Cloud computing continues to grow in popularity as a plausible alternative to traditional methods of controlling information technology. Cloud computing is essentially the practice of using a network of remote servers hosted on the internet to store, manage and process data rather than on a local server or personal computer. In using cloud computing, end…

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Always make sure to submit proposals to government agencies in exactly the format for which the Request for Proposals (RFP) asks.  It is the offeror’s responsibility to meet the expectations of the RFP, and the government agency has no duty to adapt their standards to incorrectly submitted proposals.

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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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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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On October 4, 2012, several “TechBreakfasters,” who are regular attendees of the Baltimore Tech Breakfast (http://www.meetup.com/TechBreakfast), participated in a day long workshop led by Mark T. Jensen and Jeremy T. Garner of Bowie & Jensen, LLC.  The event was designed to provide entrepreneurs and start-ups with a crash course on the nuts and bolts of…

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Most clauses that typically appear in contracts serve useful and important purposes. But a recent federal court decision sheds some doubt about the effectiveness of one type of clause that many contracts contain. The clause that the court considered was one that provided that, if one party breaches the contract the non-breaching party will be…

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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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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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