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Posts Tagged ‘matt hjortsberg’

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: 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: Convention for the International Sale of Goods (CISG)

Many US contractors are unaware of the body of law that governs the shipment of materials from overseas. The Convention for the International Sale of Goods (“CISG”) operates as the governing law on international transactions involving the sale of goods between participating countries. (for a list of participating countries click here). The CISG is similar…

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Maryland Prevailing Wage Laws Can Make a General Contractor Liable for Subcontractor’s Failure to Pay Employees

The Prevailing Wage laws are found in the State Finance and Procurement Article of the Maryland Annotated Code at 17-201 et. seq. Section 17-222(b)(2) states that the “contractor and the subcontractor shall be jointly and severally liable for restitution to the subcontractor’s employees” for payment of less than the prevailing wage. Further, 17-222(b)(1) also states…

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Timely Bid Protests Offer A Second Chance at Government Work

Many businesses now look to the federal government for work because of the economic downturn, including BRAC, associated projects, and the opportunities created by set-aside contracts. Oftentimes, however, a contractor will have submitted its best proposal only to find that that it has not been successful and therefore must face the question of whether to…

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Oral Modifications to Construction Contracts

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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How to Work with Procurement Officers on MBE Contracts

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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