If you or your company have been denied financial compensation and need to file a Mechanic’s Lien due to a failure to pay for goods or services, contact our firm immediately so that we can help you begin the lien process. The procedure for obtaining a lien differs depending on the state the work was completed in. In DC and Virginia you can obtain a […]
Many contractors are aware that State law in Maryland imposes lengthy requirements for new home contracts. However, many home builders are unaware that Montgomery County imposes additional requirements for contract language. These requirements can be found here: Builder’s Warranty Responsibilities for Montgomery County, MD Some important highlights of these requirements are included below: • A one year warranty must be provided on materials or workmanship […]
If you want to file bankruptcy and no longer be responsible for a mortgage, this is often possible. However, many mortgage companies have begun refusing to foreclose because they realize that they will likely end up owning the home and they do not want the risks and responsibilities that come with home ownership. This is especially true with cases that include condominium units in less […]
Any agreement between a homeowner and a contractor must be put in writing, shall be filled in and signed by the contractor or its salesperson in at least triplicate, on a form which has all blank spaces filled in with easily legible writing and the contractor or salesperson has submitted to the owner the completed contract or other document and given the homeowner a reasonable […]
A couple of common misperceptions of the bankruptcy process are that: 1. a person filing bankruptcy has to give up their property or that 2. a person filing bankruptcy can keep an unlimitedamount of property and not have to repay debt. The reality is that you can generally keep all property which you can exempt and which is not the subject of a lien (i.e. […]
A “pay-when-paid” clause in a construction contract is a provision that applies the payment terms of the contract between the property owner and the general contractor to the contract between the general contractor and sub-contractor. Often times, a general contractor will use this clause as a basis for refusing payment to a sub-contractor because the general contractor claims it has not been paid for the […]
Filing for bankruptcy gets rid of most, but not all types of debt. A Chapter 13 bankruptcy can get rid of more types of debt than a Chapter 7 bankruptcy but neither is guaranteed to clear all debt. Debt that cannot be gotten rid of is called “non-dischargeable” debt. Below is a description of the most common non-dischargeable debt. Non-dischargeable Debt (for both Chapter 13 […]
Before getting involved with a contractor, it is important that you make sure that contractor is insured. However, the statement that a contractor is “insured” is a vague phrase and what really matters is the type of insurance and the language of the policy. Below is a brief primer: Commercial general liability insurance policy – This is the most common form of business insurance. The […]
Filing bankruptcy eliminates unsecured debt and can even eliminate personal responsibility for secured debts (i.e car loans and mortgages) but it cannot eliminate liens. In other words, it generally doesn’t stop a lender, who you have signed an agreement with pledging your car or house as collateral (i.e. mortgages and car loans), from selling your car or house to pay its debt. However, there are […]
Many construction contracts provide that change orders (additions or subtractions to the original construction scope) must be in writing. While it is clearly recommended that a contractor or subcontractor obtain change orders which are signed by the owner, what happens if changes aren’t in writing? Can the contractor or sub-contractor still obtain payment? Can the owner still obtain a credit? While the answers to these […]