Construction in Maryland is often a full-contact sport, and since my 2005 graduation from the University of Maryland School of Law, I have tenaciously helped hundreds of construction contractors and subcontractors with their legal needs. I regularly consult on government contract administration, and draft and prosecute requests for equitable adjustments and certified claims under the Contract Disputes Act (and Maryland’s equivalent under C.O.M.A.R.) when necessary. I am also experienced in the unique practice of bid protests. Although the most common claim in construction is for payment after the construction services have already been provided, I have found that it is oftMore...More...
Typically, no. A bond, both payment and performance, is for claims made by others, not the principal on the bond. However, if the owner is a private party, the best course of action for an unpaid GC is usually a mechanic's lien procedure (unless of course it waived its ML rights in a state that allows waiver). See More...
You may file a lien against the leasehold interest, assuming you improved the tenant's portion by more than 25% of its value (meaning, the 'building' at issue is the tenant's unit, not the entire mall or strip plaza - and while its hard to quantify its value, a full retrofit will usually more than cover the requisite improvement value for mechanic's lien purposes). And while it may not sound as sexy as foreclosing on the entire mall through the mechanic's lieSee More...See More...
i am sorry to hear about your troubling getting paid for the work you have done. It sounds like you know what you need to do, which is to file a mechnaic's lien as quickly as possible. While you are well within your time limitations for the almost completed hotel renovation, the other jobs may be approaching the filing deadline for a mechanic's lien, and I urge you to speak with an experienced construction attorney as soon as you can. I can be reached direSee More...See More...
The fillable form for DC's notice of mechanic's lien addresses this, and indicates that a foreign entity (ie, not a DC entity) which does not transact regular business within the District, will need to provide its current license to do business in its home jurisidction, as well as a certificate of good standing from its home jurisidction issued within the last 180 days, as a prerequisite to fling a notice of mechanic's lien. Please feel free to reach out to me directly (See More...See More...
You can certainly keep your contract at a 24% interest rate - whether a judge will give that to you pre-judgment or not is a different story. After a judgment is granted, the interest merges with the judgment and only 10% may be applied moving forward. In general, though, mechanic's lien or bond claims are far more powerful collection tools than a straight lawsuit, but those proceedings generally do not allow for pre-judgment interest, at least not at a 24% rate.See More...