There have been a couple changes in Maryland Law impacting contractors. The first is there are a few minor changes in the rescission notice in door to door sales which make it less cumbersome. The second is that repair work is not defined as a door to door sale if the...
Construction Law
Hope for Unlicensed Contractors?
Judge Michelle Hotten's well-reasoned but unpublished opinion in the case of Glen Valley Builders v. Whang may finally offer hope for exploited unlicensed contractors. The Court of Special Appeals Judge recently authored an opinion for a three judge panel in a case...
No Copyright Protection for House Plans
In the case of Sari v. America's Home Place, Inc., which was decided by Judge Gerald Lee in the United States District Court for the Eastern District of Virginia, a homeowner copyrighted the plans which were used to build a new home. When the builder built another...
Lawsuit Alleging False Claim Made by Electrician Has No Juice
In an unpublished opinion in the United States Court of Appeals for the Fourth Circuit case of Mclain v. KBR, Inc.,the appeals court upheld a Federal District Court decision which dismissed a claim against an electrician under the False Claims Act. The appeals court...
Damage to Correctly Installed Pipes not Damage to “Product or Completed Work of the Insured”
The recent case of State Auto. Mut. Ins. Co. v. Old Republic Ins. Co. decided by Judge Richard Bennett of the Maryland Federal District Court involves a fascinating analysis of a Maryland commercial general liability insurance policy. At issue was an insurer's duty to...
Prime’s racial discrimination can form basis for lower tier sub to allege interference with prospective advantage
In the Washington, D.C. case of Mason Builders, Inc. v. Bancroft Const. Co., a prime contractor was alleged to have induced one of its subcontractors to fire a lower tier subcontractor, namely D.C. Mason Builders, who was working for the subcontractor. D.C. Mason...
35 Years Jail Time for Unlicensed Home Improvement Contractor?
In the case of State v. Manion, an unlicensed home improvement contractor was given a sentence by the trial court of 65 years with 30 years suspended for taking deposits from homeowners, not performing work and lying about his credentials (among other things). The...
If You Want to Collect From The Owner – Remember Your Time Is Limited
Judge Bredar of the United States District Court for the District of Maryland recently buttressed the well-established doctrine that a subcontractor cannot sue an owner for the debts of the general contractor by using an unjust enrichment or quantum meruit theory of...
Contractor Held Responsible for Injuries Caused by Truck Driven by Sub
Asphalt and Concrete Services, Inc. ("Asphalt") contracted with owner operators of trucks to haul materials on its behalf. Asphalt thought it was contracting with an LLC when it contracted with Higher Power, LLC. As it turns out the LLC was not properly registered....
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...