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Maryland Construction Law Questions & Answers

2 Answers | Asked in Real Estate Law and Construction Law for Maryland on

Q: Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?

if they don't pass inspection? or are these addendum's that are put into an offer?

Thomas C. Valkenet answered on Jun 13, 2019

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 is... Read more »

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1 Answer | Asked in Traffic Tickets and Construction Law for Maryland on

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?

Lee Eidelberg answered on Jan 7, 2019

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... Read more »

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on

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

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 »

Richard Sternberg answered on Mar 19, 2018

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... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Maryland on

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

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 »

Richard Sternberg answered on Mar 19, 2018

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 »

1 Answer | Asked in Construction Law for Maryland on

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

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.

Mark Oakley answered on Jan 23, 2018

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 »

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Maryland on

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

Does not answer calls,texts or voicemail. What legal options do I have?

Thomas C. Valkenet answered on Dec 26, 2016

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.

1 Answer | Asked in Construction Law for Maryland on

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

- the contract was verbal. What should I do?

Thomas C. Valkenet answered on Dec 26, 2016

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 »

1 Answer | Asked in Contracts and Construction Law for Maryland on

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

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 »

Thomas C. Valkenet answered on Dec 26, 2016

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

Q: IF A CONTRACTOR FOR RENOVATION OF A BUSINESS HAS TAKEN MONEY AND NOT PERFORMING THE WORK WHAT CAN BE DONE AS PER LAW

IF I WANT HIM TO SIGN A PAPER THAT HE HAS FAILED TO PERFORM HIS DUTIES AS A CONTRACTOR AND HE WILL THEREFORE HAVE NO PROBLEM THAT WE WILL DEDUCT THE MONEY FROM THE BUILDING COST (THE SAME) ONE AS HE IS THE CONTRACTOR FOR AND HE IS SELLING THE BUILDING TO US. WHAT CODE SHOULD SHOULD WE USE?... Read more »

Bennett James Wills answered on Oct 16, 2016

I'm not sure from your question what you're trying to accomplish. But Maryland contractor laws are strict. Consult with counsel.

1 Answer | Asked in Education Law, Business Law and Construction Law for Maryland on

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

Bennett James Wills answered on Oct 16, 2016

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.

1 Answer | Asked in Construction Law and Consumer Law for Maryland on

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

Today a lady from cidiside days she works with HUS and I've been the victim of a rental scam. The home belongs to HUD and I received a fake lease and now I'm up to be Evicted. I have 3 small children I don't know what to do

Ronald V. Miller Jr. answered on Apr 19, 2016

That is just awful. I don't think you have a great deal of legal options.

1 Answer | Asked in Construction Law for Maryland on

Q: Previous owner didn't get permit to convert a screened porch in to a covered 3 season sun room with window, drywall etc.

We bought our house back in 2001. We recently decided to sell the property and came to know the previous owner had the permit only for the deck and a screened porch and just months before selling the property to us he had some contractor put in some windows and drywall to make it look like a sun... Read more »

Terrence H Thorgaard answered on Nov 10, 2015

You should ask the building inspector.

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