Typically, the SOL will run from the date of last performance of work or delivery of materials to the project, but contractual language may vary the due date of payment (like language that states payment is due 30 days after invoice, so the SOL starts there upon breach of the obligation to pay 30...Read more »
I am a contractor in Maryland and a subcontractor says that I owe him for work performed. His invoices date from April 2019 to December 2019. What is the statute of limitations and does it apply to each invoice or does it apply to the last invoice which would include all of them? Thank you
Generally, the SOL runs from the date of breach of a contract, or from the last date the money became due and remained unpaid. Sometimes, that is harder to nail down in some cases, and may depend on whether the subcontractor's claim is based upon a single contract to provide labor and...Read more »
I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is...Read more »
I was working with the Maryland investigator regarding a contractor using someone else's license. He was paid by me. In September 2020 the case was concluded in the District Court of MD and I was giving the approval to file against the guaranty fund. The MD investigator told me she would help... Read more »
The Home Improvement Act is a regulatory statutory scheme for the benefit of protecting consumers, and the Guaranty Fund is established to provide a certain amount (up to $20,000) is available to reimburse a homeoewner for losses sustained at the hands of an unlicensed contractor or unworkmanlike...Read more »
If the contract does not prohibit it, they can use subcontractors. Why do you need a lien release? Have they filed a lien? It is unlikely that a window replacement contract would be a large enough percentage of your property value to qualify for a mechanics lien. Why have they sued you? Not enough...Read more »
The code section you site does not specifically refer to a construction zone violation, but is as follows: “A person may not willfully disobey any lawful order or direction of any police officer.” So the assumption is, a police officer was directing you to do something and you didn’t do it,...Read more »
Why would a insurance company breach a settlement agreement?? I settled a property damage claim with an insurance company. Property damage 60k Personal property also 60k. Under the settlement agreement they had to do work on my condo to make the condo watertight, hiring an engineer for... Read more »
If you do not have an attorney, then I certainly recommend that you hire one at this time to assist your in either enforcing the settlement agreement and/or reaching an alternate resolution-----a lot of times the insurance company will not proceed accordingly without an attorney on the other side.
Unless this is your own house, YES, you need a license. All improvements to a residence that you perform for a homeowner for money requires an MHIC license, and you are also solely responsible for obtaining all building permits for the job. A general construction license is not sufficient, and...Read more »
I know of no way to generalize to give you decent advice without reviewing the survey, running a title search for easements, and understanding exactly what the developer wants and needs. Generally, however, you do not need to agree with anything on your land unless your neighbor has an easement to...Read more »
Over the quote, or over the contract you and he signed? There's a vacuum of information here that needs to be filled in. You say no unexpected problems, but were all fixtures and materials specified, or did you constantly pick out expensive high-end products and materials after the quote...Read more »
I signed a contract to install a concrete slab with flagstone. Also stairs that go up to the second floor of my house. It's come to my attention that this work requires a permit. Is the contractor responsible for pulling those permits? I was never informed it is required by law.
NO. It is the non-delegable obligation of the contractor to apply for and obtain all necessary permits required by law, per C.O.M.A.R. 09.08.01.08. ("Code of Maryland Regulations"--the MHIC promulgates regulations under the Home Improvement Law, and COMAR is where all such regulations...Read more »
The construction company is taking their time to do the work and right now its December. How long does the contraction company have until he finishes my business renovation if there were no dates in the contract? I go to the job site everyday and they might be only working one or two days out of... Read more »
You will need to meet with a construction law attorney to go over all the details. You do not state, for instance, what percentage of the contract work has been completed, and of course, the contract terms need to be reviewed for both determining obligations and remedies. The law generally writes...Read more »
This a brand new community. It's labeled as a recreational facilities agreement. It states: "The developer shall contract the following for the Largo Town Centre: ..." However, the community name is Largo Creseant. I find it odd that they would build a gym, gazebos, and tennis courts... Read more »
This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item...Read more »
While your post is a bit vague, it is possible an Officer could cite you for failing to obey a lawful traffic control device (yes, posted signed are deemed devices) or a comparable violation if you had no legitimate basis for driving in a "work zone." However, a response to your post...Read more »
we had a home built and moved in 5/4/17. It has been a nightmare! less than 60 days moving in there were two cracks in the exterior foundation and several in the basement floor foundation. where the walls meet to a corner in the house they are are all splitting/ separating and rows of nails... Read more »
You posted this as a Maryland question, but you appear to be from Virginia. I've handled cases of this type in both states, and the remedies are different. Either way, you are looking for a remedy of much more than the $10,000 lot premium if this was a violation of the Maryland or Virginia...Read more »
We had a 203k loan to buy a house that had a room added but never finished. We ran into many problems including failed inspections, toilet wasn’t installed, stove ran with an electrical cord and more. My contractor with the permission from the sellers started doing some work before closing (our... Read more »
What could possess you if the notion that you should repair someone else’s house at all without so little as a contract to define the work and what would happen if there was no closing! You are in a very difficult spot, but there might be an argument that you are entitled to the “quantum...Read more »
I am a contractor in PA offered work in MD. I have been told by the company contracting me that I can do work under their number along their employees. My current understanding is that is not true and I must obtain a MD license.
The law was recently changed, so that subcontractors do not need a Maryland Home Improvement License if they are subcontracted to a MHIC-licensed contractor. So, no, so long as the contractor you contract with has an MHIC license, then you are fine. You only need an MHIC license for construction...Read more »
i have a contract with a customer, in the contract the scope of work is outlined. The contract is a little vague but it dose say any changes will be discussed. long story short the customer damanded we added things, the work has been done is it ok to charge him even though a price was never... Read more »
Your can and should raise the issue with the owner. A negotiated agreement is best, but in court you might prove unjust enrichment or other equitable theories of recovery where the price term is omitted from the agreement.
Your remedy depends on what was done, how much the project was worth, and on what type of building. You may have remedies in state court, or federal court, and you may have rights to a mechanic's lien. Also, you must consider if you are properly licensed since Maryland courts will not enforce...Read more »
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