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Maryland Contracts Questions & Answers
1 Answer | Asked in Business Law and Contracts for Maryland on
Q: independent contractor and believe I may need lawyer services to assist with reviewing my documents. Can you he

Do you offer pro bono for this?

Tim Akpinar
Tim Akpinar answered on Aug 4, 2020

A Maryland attorney could advise best, but your question remains open for two weeks. You could use the Find-a-Lawyer tab above or search for attorneys on your own. But many of the attorneys and organizations that offer pro bono services usually do it based on financial need in areas such as... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Maryland on
Q: Professional Services Contract: Contractor from MD refuses to pay sub-contractor's Invoice because submitted 12 mo. late

Contractor in MD Refuses to Pay Sub-Contractor's Invoice for an overseas Pharma already completed consulting services project on the Excuse It Was Submitted 12 Months After Completion of Professional Services Work. Parties have signed Contract. Total amt ~ $100K.

Q1. What is the legal... Read more »

Mark Oakley
Mark Oakley answered on Jul 2, 2020

The general statute of limitations for commencing suit in Maryland on a breach of contract claim is 3 years, not one year, from the date of the breach/time money became due. The claim is not barred. Further, if this is a commercial project (not a home improvement contract or construction of a... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: I have agreement and bill of sale but his accountant didn't make promissory note . can also sue him for legally fee too.
Mark Oakley
Mark Oakley answered on Jun 22, 2020

Sue who? Did you sell the business or buy it? His accountant works for him, not you. You don't have an agreement with the accountant. You can't sue the accountant. If you are owed money and sue, it is for breach of contract. Legal fees are only allowed if the contract says they are.... Read more »

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Buyer stop payment on business. 1st payment clear but 2nd stop. Reason normal wear and tear. Location. MD.what my rights

Payment start on may 2020. Business sold on 02/29/2020. First check clear and 2nd stop . Reason he hold my check because he has issue with POS,sink, AC.

Mark Oakley
Mark Oakley answered on Jun 21, 2020

There should be a buy-sell agreement, and I assume a promissory note securing payment of the terms of purchase. Those documents govern your remedies. Take them to a lawyer to review. Unless he is arguing intentional fraud or concealment of material defects in the property owned by the business... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

No police, he has committed no crime, they will do nothing for you. No basis to sue, he has not breached the agreement yet to provide you with a pitbull puppy. Unless you have a contract that states when he was supposed to provide you with pictures and paperwork, then the issue of whether he has... Read more »

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1 Answer | Asked in Contracts for Maryland on
Q: I purchased antiques at a Maryland auction and the auctioneer wants to cancel the sale as they claim to have made a

mistake . Can they do this

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

In order to respond to your questions an attorney would need to ask you several more questions and review the documentation available, aside from looking into any specific laws of the State of Maryland applicable to your situation. In general, an attorney would need the following information:... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Real Estate Law for Maryland on
Q: Hello, what can I legally do to get the leasing office to deal with the many noise complaints I’ve sent in?

I work an over night job and my neighbor above me leaves his young kids in the house alone early in the morning around 9 am for multiple hours a day multiple times a day, I get in the house at 7 am and cannot sleep cause of so much noise over my head, I’ve sent video recordings of the noise,... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

If you have evidence of the noise being caused, and it rises to the level of disrupting your right to peace and enjoyment of your residence, you could file a nuisance complaint against your neighbor. The more evidence you have then the better. The judge would then decide based on the evidence... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: contractor is 5 months over scheduled date States he doesn’t have money to finish given 375,000 refuses to communicate

Starting 10 months of a 7 month project

Refuses to quit

Up to date on payments. Never withheld a payment

Paid in cash

Refuses to give schedule

We hired liaison (MHIC licensed) because he refuses to communicate with us

Contract is very vague and... Read more »

Mark Oakley
Mark Oakley answered on May 15, 2020

You do not want a "bull dog" lawyer, but a lawyer who knows construction law and how to litigate a case if necessary. Right now you are understandable angry and emotional about the mess this contractor has put you in (as well as your own failure to have the "vague" contract... Read more »

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Maryland on
Q: Is bankruptcy a defense to a breach of contract claim under Maryland law?

Even if they have a clause in the contract that says otherwise?

Timothy Denison
Timothy Denison answered on May 11, 2020

Yes. Under federal law as well.

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1 Answer | Asked in Contracts for Maryland on
Q: "Contract values for the upcoming fiscal year must remain frozen in order to be renewed". What does this mean?

Regarding a contract we have. We typically renew in July for 1-year term.

Joseph D. Allen
Joseph D. Allen answered on May 11, 2020

Speculating without context that might make a difference- the phrase appears to simply say that the contracting party will not agree to an increase in price for newly renewed contracts (but might renew the contract at the same "contract value" for another fiscal year).

1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: Leasing office charging me 6070$ after I reported to them am leaving because contenants brought another person in house

He even Bring another tenant to live in house and charging him rent and move himself to the unfinished basement with her girlfriend and 4 years old daughter. At that point I can’t even use the basement to wash my clothes. I reported to the leasing office the illegal presence in the house along... Read more »

Richard Sternberg
Richard Sternberg answered on Mar 13, 2020

I do not understand the facts as you've presented them, and there is little any lawyer can do for you without reviewing the lease, the licensing of the unit, the correspondence, and the rest of the oral facts. Further, it probably matters where the rental unit is located, but your message... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: We rent a house to a single man, his daughter and boyfriend came in to stay with him for a while! a year later we need

out! do we have to give a 30 notice?? since they are not on the rental agreement and pay nothing, what is the legal way of having them removed!! we live in Maryland, thank you!

Joseph D. Allen
Joseph D. Allen answered on Mar 12, 2020

It depends on all the facts and the lease (whether written or not). It might be properly a wrongful detainer, or tenant holding over, or breach of lease, or failure to pay rent- all are theoretically possible under the limited facts in the question.

1 Answer | Asked in Contracts for Maryland on
Q: Licensing question

I hired a licensed contractor to perform home improvement to my house. Our contract specified that subcontractors must be licensed and the contractor signed an attestation that his subcontractor held an active contracting license. I’m now finding that the subcontractor holds a business license... Read more »

Mark Oakley
Mark Oakley answered on Mar 7, 2020

Unless there is unworkmanlike performance by the sub, a Court is unlikely to find this to be a material breach sufficient for you to declare the contract terminable. Therefore, I would let that argument go. If you had specifically provided that all subs must hold an MHIC license and that this term... Read more »

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Is it legal for a licensed contractor to work without obtaining permit where required by law in Maryland?

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.

I am... Read more »

Mark Oakley
Mark Oakley answered on Mar 4, 2020

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. ("Code of Maryland Regulations"--the MHIC promulgates regulations under the Home Improvement Law, and COMAR is where all such regulations... Read more »

2 Answers | Asked in Contracts and Collections for Maryland on
Q: I had a pole barn put up by a co.! everything is fine except I need the 3ft. door raised up 4 inches for concrete!! they

won`t come back to finish it! say they are taking me to collections, I haven`t had a final walk through yet, and they want the final payment!! can you advise me on what to do?? thank you!!

Rolanzo Richard White
Rolanzo Richard White answered on Mar 4, 2020

Well, it really depends on the contract you signed with them. I'm curious as to what acceptance of the final work product is explained to be, and whether the contract said anything about modifications to the work. If they have a duty to come back and raise the door, which they probably do,... Read more »

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1 Answer | Asked in Contracts for Maryland on
Q: Maryland door to door sales agreement cancellation on 6 business day consequences

We were forced to sign an agreement in door to door sales, we tried to cancel it but did it in an email after 5th business day. now the seller is not willing to cancel it and I am not willing to buy it. How to get away with it?

Rolanzo Richard White
Rolanzo Richard White answered on Feb 20, 2020

This all really depends on the agreement that you signed. But from your question, it looks like you cancelled the agreement within the permitted time limit, so you will likely not be liable for payment. You should be able to successfully defend yourself if the seller tries to enforce the agreement... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maryland on
Q: If the lease was never actually signed by me (tenant) or landlord, am I legally bound by anything?

I have been renting now for a year and a half on 12-month contracts. My landlord has fallen through or dragged his feet on numerous projects and am through dealing with a house that is physically falling down around me and my family. We are now going to buy a home but the lease of the rental... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 1, 2020

That depends on your state and the remainder of the facts. In some states, a writing with your signature on it, such as the rent check, accompanied by indicia of your assent, like living there, is enough to escape the Statute of Frauds. In others. unless your signature is on the lease, there is no... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My lease expires at the end of the month. I am purchasing a house.

I live in an apartment in Montgomery County. My lease expires at the end of the month. I am purchasing a house.  I gave the Managment company 40 days notice.

They called stating a 60 day notice is required, so I have to pay another month.

When I looked at my lease renewal which... Read more »

Mark Oakley
Mark Oakley answered on Jan 9, 2020

The terms of your lease control. There is no law that requires 60 day notice. Therefore, either you or the landlord is misreading the lease. Take another look at it. If you still don’t see the notice provision, call the landlord and ask where in the lease you can find it. 60 days is a common... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Maryland on
Q: Security Deposit return

I was renting a house with a few military friends, all three of us were on the lease. I decided to get a place of my own and move out early. Both other tenants and the landlord was notified and I would receive no penalty. An addendum was signed and I was told by landlord and tenants that I would... Read more »

Mark Oakley
Mark Oakley answered on Dec 24, 2019

Sue the co-tenant who received your share of the security deposit in small claims court. Whether it is worth your time and effort is a value judgment on your part. It is not worth hiring and paying a lawyer for this amount.

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: I'm trying to start a business in MD. I have signed a contract with a construction company in VA in june 2019.

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 »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

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 »

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