Maryland Construction Law Questions & Answers

Q: Is it legal or is there a fine for entering or driving in a road work zone, if you are not one of the workers?

1 Answer | Asked in Traffic Tickets and Construction Law for Maryland on
Answered on Jan 7, 2019
Lee Eidelberg's answer
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 could be more specific if you indicated whether you were actually cited for a violation - and what the violation or Transportation Article Code section was noted.

Q: can we have our $10k lot premium fee refunded?

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on
Answered on Mar 19, 2018
Richard Sternberg's answer
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 Consumer Protection Act. In Maryland, you potentially get damages and attorneys fees. In Virginia, it is much more likely to get treble damages, as well. You should set up a consult with a real estate lawyer...

Q: Can a seller steal materials and tools to get it through inspection that I (buyer) paid for from our contractor?

1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Answered on Mar 19, 2018
Richard Sternberg's answer
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 meruit” of the work. That doesn’t get you the value of the work in most circumstances, and it may not even be available if it contradicts your contract, but it sounds like your best argument. You need...

Q: Can I work as a subcontractor under the license of a general contractor in MD?

1 Answer | Asked in Construction Law for Maryland on
Answered on Jan 23, 2018
Mark Oakley's answer
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 services related to home improvements to a an existing residence. For commercial projects, a general contractor's license is all you need, and is easy to get.

Q: Hired an Hvac contractor to install a new furnace and ac. Paid in full. Contractor did not complete the installation

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Maryland on
Answered on Dec 26, 2016
Thomas C. Valkenet's answer
You have rights to sue in court, and you may file complaints with the relevant Maryland licensing boards. The full scope of your rights depends on what is written in your documents, and other things a lawyer can tell you after a thorough interview.

Q: I did a job for a client who doesn't want to pay the balance of the completed job

1 Answer | Asked in Construction Law for Maryland on
Answered on Dec 26, 2016
Thomas C. Valkenet's answer
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 agreements by unlicensed contractors, and will not give you lien rights.

Q: can i charge a customer for change orders after they have been done even thought price was never discussed ?

1 Answer | Asked in Contracts and Construction Law for Maryland on
Answered on Dec 26, 2016
Thomas C. Valkenet's answer
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.


1 Answer | Asked in Business Law, Construction Law and Contracts for Maryland on
Answered on Oct 16, 2016
Bennett James Wills' answer
I'm not sure from your question what you're trying to accomplish. But Maryland contractor laws are strict. Consult with counsel.

Q: What is required to run a training school in the construction industry?

1 Answer | Asked in Education Law, Business Law and Construction Law for Maryland on
Answered on Oct 16, 2016
Bennett James Wills' answer
If you're seriously interested in starting a training school, in any industry, you need to get a lawyer. Everything from possibly incorporating your business, to licensing, to partnership contracts, investor contracts, compliance, etc. Too much to go over to answer on a forum.

Q: I recently signed a lease put 6500 down I have all the paper work I have utilities and nail even a maintenance man.

1 Answer | Asked in Construction Law and Consumer Law for Maryland on
Answered on Apr 19, 2016
Ronald V. Miller Jr.'s answer
That is just awful. I don't think you have a great deal of legal options.

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