Wampler & Souder, LLC
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October 2014 Archives

Child Support Can be Awarded if Adult Dependent May be Able to Work in Future

In the case of Fitzzaland v. Zahn, an appeal of a Frederick Circuit Decision by Judge Niklas, the Maryland Court of Special Appeals ruled that child support was properly awarded for an adult autistic dependant child who may be able to work in the future. In Fitzzaland, the dependant at issue displayed vocational proficiency in a number of areas. In addition, the dependant had worked at a few jobs. However, the court determined that the child both was not presently earning income and could not presently earn income. 

Only a Contract Will Protect A General Contractor From Being Undercut by Subs

The case of J.E. Dunn Const. Co. v. S.R.P. Development Ltd. Partnership decided by Judge Chasnow of the U.S. District Court for the District of Maryland essentially held, in dismissing a counterclaim, that a contractor (in this case an independent project manager who contracted directly with a subcontractor for performance of the non-management construction work) is owed no duty by that subcontractor not to circumvent the contractor/ p.m. by contracting directly with the owner to finish the work. A reading of the J.E. Dunn case makes it obvious that the contractor/project manager felt aggrieved by the perceived betrayal of the subcontractor which cut this contractor/p.m. out of a five percent commission. The Court was not unsympathetic to the contractor/p.m's grievance; however, the Court made it clear that the contractor/project manager had an obligation to protect itself with the correct contractual language. In the J.E. Dunn case, no such contractual language existed. Contractors commonly complain that problems are caused by the appropriation or attempted appropriation of a project by a subcontractor. Protect yourself with the proper contractual language 

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Frederick Office
170 West Patrick Street
Frederick, Maryland 21701

Phone: 301-668-5111
Fax: 301-668-2770
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12114B Heritage Park Circle
Silver Spring, Maryland 20906

Phone: 240-833-2284
Fax: 301-942-8296
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14452 Old Mill Road
Suite #301
Upper Marlboro, Maryland 20772

Phone: 301-736-5432
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