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