When two businesses engage in a transfer of assets, the transferee (the “successor”) should be mindful of the fact that under certain narrow circumstances, it may inherit the liabilities of the transferor (the “predecessor”). As a general rule, a company that acquires only the assets…
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…
Last year, during the 2019 Maryland General Assembly, state lawmakers voted to pass a bill that gradually increases Maryland’s minimum wage rate from $10.10 per hour to $15.00 per hour over the next several years. Governor Larry Hogan originally vetoed the bill, stating that the…
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…
The U.S. Department of Labor (“Department”) is clarifying and updating the regulations governing the regular rate requirements under the Fair Labor Standards Act (“FLSA”). On December 12, 2019, the Department announced a Final Rule that will allow employers to more easily offer perks and benefits…
NEW THRESHOLDS IN EFFECT FOR EMPLOYEES TO BE CONSIDERED EXEMPT FROM MINIMUM WAGE AND OVERTIME REQUIREMENTS UNDER THE FAIR LABOR STANDARDS ACT As of January 1, 2020, changes to overtime pay regulations under The Fair Labor Standards Act (“FLSA”) went into effect for employees whose…
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…
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