QUESTION

In Frederick, Md, must a contractor get a permit to build a deck even if a homeowner (me) signed a contract that doesn't mention permits, or must I?

Asked on Jul 10th, 2020 on Contracts - Maryland
More details to this question:
I signed a contract and made a small down payment in January with Elite Remodeling for a deck to be added to my townhouse, and I was told verbally that the company would take care of the permits (city and HOA), but the contract didn't mention them. In March, before I realized that no permits had been obtained, the company installed a patio door where a window had been. After that, I asked about the permits, and the project came to a standstill. Now the contractor says that I must get the permits, but I have not been given any documents needed to submit an application (i.e., list of building materials, drawing, etc.), and I am clueless about such. The contractor had a debt collector-attorney send me a threatening letter a few of days ago saying that I was in breach of the contract because I had asked to cancel since the permits seem to have become an obstacle. I don't understand why, though. The company is licensed but has six complaints against it on the BBB website. I feel trapped.
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1 ANSWER

Criminal Law Attorney serving Hampstead, MD at Law Office of Joseph E. Ashley
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Ultimately, the homeowner is resposnbile for having the proper permitting for any covered repair of consturiton in Frederick County.  Frederick City has its own permitting office as well. Normally, the written terms of a written contract control the performance of the parties to an agreement. However, if you agreed, even verbally, that the contractor would secure the permitting, there is a chance that you still may be able to argue that the unwritten terms be enfoced.  The verbal terms could be consdered what is know as parole evidence of an agreement between the parties and can be used agaisnt the contractor should the contractor's claims aginst you be ultimately litigated.  However, the contractor may be able to prevent such evidecne of an agreement relating to permitting from being considred should the contarct contain a merger clause.  Such a provison will normally state that the written terms contained in the contract are the entire agreement between the parties, therby preven ting any evidnce of any terms not actuall appearing in the contract from being considred. There are other avenues that you may use to apply preasure on the contractor to encourage settlement as well, and that list is too lenghty to discuss here.  Feel free to contact me, if you please, and i would be happy to review your agreement (contact) and discuss possible options  
Answered on Jul 13th, 2020 at 7:22 AM

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