Maryland Construction Legal Questions

Your question about  faulty floor installation is all too common and may be of broad general interest to readers of this site. I have been representing clients on both sides of these issues in Maryland and D.C. for over 20 years. Generally, you have picked the right category. With a few exceptions, attorneys in Maryland may not say they "specialize" in a particular area of practice, such as construction law. However, attorneys who routinely handle "construction cases" would be familiar with the types and maybe even the names of experts they would want to hire to advise you and present appropriate evidence to the trial court. Attorneys are not legally "competent" to advise clients on the existence or absence of particular construction defects, even though they may have seen defects of that kind many times in the course of their particular practice. The "right" expert might help settle the case before any trial and maybe even before suit had to be filed.  Of course, other factors can also intervene that would alter the above. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

  Wow! Your question about shoddy home repair raises a number of important issues that may be of broad general interest to readers of this site. I have been representing clients on both sides of these issues in Maryland and D.C. for over 20 years. First, it is the end of January and you note your Certificate of Occupancy expires in February. Go see a local attorney immediately. It may be too late to save the C of O already. You note that the contractor is licensed with the Home Improvement Commission. That is one of the first inquiries for other readers. Absence of a license for a contractor who does home improvements in Maryland could mean BIG trouble for that contractor. Along with the Home Improvement Commission, Maryland has a home improvement guarantee fund. Licensed contractors post a bond that can be gone against for financial recovery. It might not cover all the damage you may have but it is something. Generally, a civil suit keeps you from pursuing a claim with the Home Improvement Commission. You describe considerable “delay” damages and what appears to be a great amount of professional neglect. You mentioned that his negligence caused the destruction of your home. You also note that the contract was for $98,000, that you have paid $117K and that he wants $17K more. The attorney you go to will need to know the relation between those numbers and his negligent destruction of your home. You will need to know very quickly what your actual damages are and an attorney is not legally "competent" to provide an expert opinion on construction or delay damages. Your description suggests high damages and a short time frame to make a decision. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response, are designed for general information only. The information presented at this site should not be construed to be and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More