Construction typically involves contractors, sub-contractors, engineers, owners, architects, suppliers, materialmen, financial institutions, and state, federal and local jurisdiction and others who must work together to successfully complete a building project.
An experienced construction lawyer understands the industry from design, bid requirements, finance, and development through implementation and construction as well as government building codes, applicable laws, and green building requirements. An experienced construction lawyer will help you minimize disputes by understanding how the contract documents, including general & specific conditions of the contract, relate to any prime or subcontracts as well as the project blueprints to help anticipate and to avoid potential construction issues.
Practice Area Focus
First and foremost, we work to avoid disputes and claims in construction. It is much less disruptive to stay out of court. in order to do that, we focus on:
- Contract negotiation, review, and risk allocation
If a dispute cannot be avoided we are prepared to pursue a client’s rights wth respect to:
- Wrongful termination
- Mechanic’s liens
- Payment and performance bond claims against a surety
- Breach of contract claims for construction and design defects
- Delay claims, excusable, non-excusable, compensatory, and non-compensatory
- Contract Disputes including Governmental contracts claims
- Differing site conditions, foreseeable and unforeseeable
- Bid protests and appeals
- Claims for change order disputes for extra work or completion time
- Claims for breach of a guaranty or warranty.
For a quick response to your questions regarding Construction Law, contact us at 301.464.7448.
Green Building Codes
Governments and private owners are increasingly requiring that projects be built to meet one of the standards of the U.S. Green Building Council’s LEED® Green Building Rating Systems. This ensures that buildings are environmentally responsible, profitable, energy efficient, waste responsible, and a healthy place to live and work. LEED certification (Leadership in Energy and Environmental Design) gives the internationally recognized distinction that a project has met these goals.
Outside of LEED requirements there are both environmental and financial benefits to building to a LEED standard including:
- Lowering utility and operating costs to increase a properties’ value.
- Reducing waste.
- Conserving energy and water.
- Developing healthier and safer buildings for occupants.
- Creating compact and walkable communities with good access to neighborhood amenities and transit.
- Protecting natural resources and farmland by encouraging growth to be located in areas with existing infrastructure.
- Reducing harmful greenhouse gas emissions.
- Qualifying for tax rebates, zoning allowances, and other government incentives.
- Demonstrating an owner’s commitment to environmental stewardship and social responsibility.
Third party organizations such as The Green Building Certification Institute (GBCI) provide independent oversight of professional credentialing and project certification programs related to building green. These organizations are committed to ensuring precision in the design, development, and implementation of measurement processes for green building performance and practice.
For a quick response to your questions regarding Green Building Codes, contact us at 301.464.7448.
What is a construction or mechanic’s lien?
A person who supplies labor or materials for a construction project may claim a lien against the improved property if they have not been paid for their labor or materials.
Who can claim a lien in Maryland?
Maryland law states that a party cannot have a lien against property until a suit is filed, a hearing held, and a lien is ordered by a judge. Parties that can start to file a lien include parties that worked on a building that has been erected, repaired, rebuilt, or improved to the extent of 15% of its value.
How long does a party have to claim a lien in Maryland?
A party seeking to claim a lien must file a petition within one hundred eighty (180) days after the last day that work was performed or materials furnished. Md. Code. Ann. Real Property 9-105.
What kind of notice is required prior to claiming a lien in Maryland?
A subcontractor or a lower tiered sub-subcontractor seeking to claim a lien is required to provide written notice of his intent to claim a lien within one hundred twenty (120) days after the last day that work was performed or materials furnished. Md. Code. Ann. Real Property 9-104.
By what method is a lien filed in Maryland?
A party seeking to claim a lien must file a petition for lien before the Circuit Court of the county in which the property is situated. A hearing will be held and everyone given an opportunity to respond.
How long is a lien good for in Maryland?
The right to enforce any lien expires one year from the day on which the petition to establish the lien was first filed. Md. Code. Ann. Real Property 9-109.
For a quick response to your questions regarding Mechanic’s Liens, contact us at 301.464.7448.