The construction industry has been experiencing unprecedented volatility in material prices, material delays, and material unavailability, in part, because of supply chain disruptions caused by the COVID-19 pandemic. This has become a difficult issue, especially for subcontractors with lump-sum or fixed-price contracts, where the subcontractor’s…
Our client, a subcontractor, filed a Miller Act complaint against a surety in the United States District Court for the Eastern District of Virginia to recover compensation for damages incurred on the Basic School Student Officer Quarters project at Marine Corps Base Quantico in Virginia. …
C&B Construction, Inc. v. Dashiell. Maryland’s construction Trust Fund Statute has long been a comforting and reliable tool for subcontractors seeking payment from an upper-tier contractor. The Trust Fund Statute requires general contractors and upper-tier subcontractors to hold the money received on account of a…
When Bidding on Public Contracts in Maryland, Contractors Need to Remember That a Certified MBE’s Participation Only Counts Toward the Contract’s MBE Goals if the MBE is Identified as Performing a Commercially Useful Function for the Contract (Not for the Prime Contractor’s bottom line) In…
On September 23, 2019, the United States Court of Federal Claims issued a published decision invalidating the release of a construction claim because the Government and the contractor continued to negotiate the claim after the parties signed a release. In Meridian Engineering Company v. United…
Once a buyer and seller have finished their preliminary discussions on the terms of a purchase and sale of a business or real property, they will usually draft and sign a Letter of Intent (LOI) which describes the basic terms of the transaction. Clients have…
This winter, construction companies are going to lose millions of dollars reacting to delays and impacts to their work caused by cold and inclement weather. But it doesn’t have to be that way for you if you know how to protect your right to compensation…
I represent a lot of subcontractors working on commercial construction projects, and more and more I have been seeing an end-of-project game where general contractors (especially the larger ones) try to solve project problems by pushing costs down onto subcontractors that have nothing to do…
When it convenes on January 8, 2020 in Annapolis, the first bills to be introduced before the General Assembly aim to complete billions of dollars of school construction projects throughout the state. House Bill 1 and Senate Bill 1, dubbed the “Built to Learn Act…
Under the Maryland Uniform Interstate Discovery Act (“Interstate Discovery Act”), “when it is necessary to obtain the testimony of a person who lives in Maryland, parties to litigation in a sister state have the very same rights as parties to litigation in a Maryland court.” …
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