I hired a Virginia-based company to repair a leak in my home. I asked if they were licensed to work in Maryland, and they said they were, but the document they provided me says "Out-of-state contractor (not for home improvement)," and neither the business trade name nor any of the... View More
Performing a home improvement without a license is a criminal offense in Maryland, and the civil courts will not enforce the contract for the contractor. In other words, the contractor cannot legally accept payment, or sue you if you don’t pay, so no, you do not have to pay. I would immediately...View More
You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,...View More
Yes, a buyer can legally purchase a home in great condition, terrible condition or anything in between. People can purchase property without a home on it at all, or with a home they intend to bulldoze.
Now most of the time a bank will not lend money to a borrower to buy a home if it is...View More
That's like asking where do you find the law on crimes, or contracts, or divorce. Far too broad of a subject. There are so many sources of laws that apply to residential contruction contracts, including statutory, regulatory, common law, zoning and consumer aspects. If you have a specific...View More
Mold/mildew caused by dryer vented to inside. I was not informed of it at purchase and I found out its against building code while researching this. Contractor came 4 times in 2 year period. I had to keep asking. Holes cut in wall for inspection by their contractor have not been repaired. I'm... View More
The answer will depend on who owns what in your condo or HOA, who was responsible for the construction flaw, and who knew of the defect and concealed it. Unless the repair is worth less than the cost of the legal involvement, you may want to have the HOA docs, the advertising and closing docs, and...View More
Assuming this is for a residence, this is a home improvement project. By Maryland law, a contractor on a home improvement contract must hold a license from the Maryland Home Improvement Commission (MHIC). The contract must comply with multiple legal requirements, among which is that a down...View More
Changing orders and now is refusing my pay the change orders and will not let me proceed. She wants to file through the courts because she does not want to pay for the changes. Can I be liable because she knew I was not licensed?
She can file a complaint with the Maryland Home Improvement Commission, which may take the case to the local prosecutor's office (in the county where the work was performed) and have charges filed against you for performing a home improvement without a license, a crime that carries possible...View More
I paid a person having Construction Firm license to build a restaurant but he escaped with money & never delivered. I paid him a lot of money already, but he delivered minimal work and all went wrong. I live in Maryland, so does he. Kindly please advice what I can do. Thank you.
If you think he has assets sufficient to satisfy your debt, consider a lawsuit in the courts. Depending on the amount to be claimed, you can sue in either the district or circuit courts. There are many causes of action for breach of a contract to provide construction services. You can also...View More
Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More
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...View 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...View 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...View 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... View 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...View 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...View 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,...View 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... View 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...View 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...View 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...View 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...View More
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