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What to Know About Construction Defect Disputes

 Posted on February 05, 2025 in English

Falls Church, VA contractor dispute lawyerOne of the most frustrating and potentially expensive setbacks that a property owner can face is finding a construction defect. Minor or major construction defects are a hassle, can lower a property’s value, and are likely to require repairs. Whether the construction or renovation has been completed or is ongoing, there are strategies to seek legal redress for construction defects. A Falls Church, VA property dispute attorney can advise you on your rights in a dispute to address construction defects.

What Are Common Defects in Property Construction? 

Construction defects occur when the construction has a flaw either due to substandard materials or work. Some common construction defects that lead to construction disputes include:

General Construction Defects

Examples of general construction defects include structural defects, failure to follow plans, electrical problems, sagging floors, door binding, stained drywall, moisture and mold issues, finishing issues, and more. Construction companies are required to hand over a finished product free of construction defects and that meets the terms of the agreement between the company and owner. If they do not, the property owners may have a claim for the construction defect.

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What to Include in Your Maryland Prenup

 Posted on January 30, 2025 in English

Rockville, MD prenuptial agreement lawyerIf you have recently become engaged and are preparing for your upcoming wedding, there are surely many things on your mind during this exciting time. From the dress and suit to the flowers and venue, much must be planned before the wedding.

You may also have decided to sign a prenuptial agreement with your future spouse detailing how the division of assets will play out in the worst-case scenario of divorce or death. In that case, you may be wondering how to begin drafting that agreement and what should go into the contract. An experienced Rockville, MD family law attorney can draft a prenuptial agreement that protects your interests, your marriage, and your financial future. 

What is a Prenuptial Agreement?

A prenuptial agreement, or "prenup" as it is sometimes called, is a written contract signed between two people who are getting married laying out the legally binding ways that the spouses agree to divide their assets in the future if they get divorced. Prenuptial agreements also may deal with other issues, such as clarifying how the spouses intend to handle finances during the marriage. A prenuptial agreement gives the future spouses a chance to make decisions about the division of their assets. 

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What to Know About Liability and Dog Bite Claims

 Posted on January 23, 2025 in English

Damascus, MD personal injury lawyerDogs are man’s best friend, it is true. Yet dogs are also animals, and sometimes the worst can happen when a dog bites and hurts an innocent bystander. Whether the dog bites an adult or child, a dog bite can result in serious injury, emotional trauma, and financial harm.

If you have been attacked by a dog in Maryland, you may be able to file a personal injury lawsuit against the owner seeking financial compensation for your injuries. An experienced Rockville, MD dog bite attorney can represent your rights in a personal injury case to recover for your dog bites.

Who is Liable When a Dog Bites?

If you have been injured in a dog bite, you can sue to recover for your medical bills and non-financial damages such as pain and suffering. There are several theories of liability that can impact a personal injury recovery or settlement in Maryland.

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Complying With Maryland Construction Regulations 101

 Posted on January 16, 2025 in English

Rockville, MD construction lawyerOne of the important ways to ensure that a construction project is successful is to comply with applicable local, state, and federal regulations. This is no easy task given the web of regulations that govern many aspects of construction, from environmental and safety regulations to zoning, building codes, contracts, and employment laws. An experienced Maryland construction attorney can help you ensure that you have a strong compliance process in place to stay ahead of legal issues on your construction project. 

What Is Construction Compliance?

Simply put, compliance in a construction context means abiding by the laws and regulations that apply to a particular construction business or project to ensure the construction is completed safely and legally. 

Compliance is often complex and involves many moving parts because construction touches on multiple areas of law and regulations. What is more, failure to comply can lead to steep financial and reputational penalties – everything from litigation to project shutdown.  

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Monetary Remedies for Breach of Contract Lawsuits

 Posted on January 05, 2025 in English

Rockville, MD business litigation attorneyA breach of contract occurs when one party fails to fulfill their obligations under an agreement. Breaches of contract can have significant financial and reputational repercussions. During litigation to resolve a breach of contract dispute, the court will review many aspects of the case, including whether there was a breach of the agreement and whether that breach was material, meaning that it affected an essential element of the contract. The court may grant the winning party monetary remedies. A Germantown, MD attorney can advise businesses on the potential monetary remedies available for breach of contract should they prevail in the lawsuit.

Liquidated Damages

Some contracts include a liquidated damages provision detailing a specific amount that a breaching party must pay for a breach of contract. Maryland law will enforce a provision for liquidated damages as long as it meets certain criteria, including that it be fair and reasonable. However, if the court finds that the clause imposes a penalty on the breaching party it will generally not enforce the section or award these damages.

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What is Defensive vs. Affirmative Asylum?

 Posted on December 31, 2024 in English

Rockville, MD asylum lawyerAsylum allows qualifying individuals to remain in the United States and seek lawful permanent residency in the future. U.S. law provides that people who fear persecution or torture may seek asylum here. The United States offers two main paths to asylum: affirmative and defensive, depending on the circumstances. An experienced Maryland immigration attorney can represent individuals seeking asylum in the United States. 

How Do You Qualify For Asylum?

In order to be eligible for both affirmative or defensive asylum in the U.S., you must be physically present in the country and able to show that you have a fear of being persecuted or tortured in your home country due to one of five protected grounds: your race, religion, nationality, membership in a social group, or political opinion.

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Mechanics’ Liens for Contractors and Subcontractors in Maryland 

 Posted on December 23, 2024 in English

Rockville, MD mechanics' lien attorneyUnlike what the name suggests, a mechanics’ lien is a legal mechanism that contractors (and subcontractors) may utilize in order to ensure that they are paid for their labor, services, and materials on a construction project. Contractors that obtain a mechanics’ lien receive security on real property that they can turn to in case they are not paid on a project. An experienced Rockville, Maryland attorney can assist contractors in obtaining a mechanics’ lien.

How Do Mechanics’ Liens Work?

When a contractor obtains a mechanics’ lien, they can force sale of the property to obtain an unpaid amount due on a project. Subcontractors can also receive a mechanics’ lien even if they do not have a contract with the property owner, so long as they have an agreement with the contractor, and the contractor has an agreement with the owner. Other construction professionals, including suppliers and architects, may also obtain mechanics’ liens.

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Defenses to a Breach of Contract Lawsuit 

 Posted on December 16, 2024 in English

Falls Church, VA business law attorneyEven with the best of intentions, disputes sometimes arise in the course of business. Often, these take the form of accusations that there has been a breach of contract, such as that a party to the contract failed to perform an important contractual obligation. If the contract dispute ends up in court, there are common breach of contract defenses that the party accused of breaching the contract can claim. An experienced Falls Church contract dispute attorney can advise on the most effective breach of contract defenses in your case.

What Are Common Breach of Contract Defenses?

There are many defenses to a breach of contract lawsuit. Most of these are called "affirmative" defenses, meaning that you would not argue that the contract was not breached, but rather that some aspect of the contract makes it or the disputed portion legally void. The effectiveness of a defense will depend on the terms of the contract and the facts of your case.

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Probation Officer Convicted for Indecent Liberties with a Minor 

 Posted on December 05, 2024 in English

Falls Church, VA criminal defense lawyerA former Virginia probation officer was recently sentenced to five years in prison when he was convicted of taking indecent liberties with a minor in his care. He was charged with the crime and confessed to having sex with the minor, who was a juvenile probationer he was responsible for. At the sentencing, the judge noted that in making his decision, he considered mitigating factors, including evidence that the defendant had undergone therapy for Post Traumatic Stress Disorder (PTSD) and depression, as well as his solid employment history.

On the other hand, the judge also said he considered the defendant’s admission that he had sex with the young girl. He also considered evidence that the defendant had been grooming her, had sex with her even though she expressed reservations, and had done so in the course of his time as her probation officer.

The defendant pled guilty to the felony as part of a plea agreement. He no longer works for the Department of Corrections. If you have been charged with the crime of taking indecent liberties with a minor in Virginia, an experienced criminal defense attorney can explain the charges and craft the best defense for your case.

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What Does a Parenting Coordinator Do in a Custody Dispute?

 Posted on November 27, 2024 in English

Falls Church, VA Child Custody LawyerAs one of the most emotional aspects of divorce, child custody is prone to causing parental disputes. Parents can disagree on custody schedules, medical decisions for the child, the child’s religious upbringing, and more. Decisions about these important issues are, therefore, usually set out in a parenting plan, an enforceable document that outlines how both parties plan to co-parent their child.

Parents who want to get divorced are required to submit a parenting plan to the court but sometimes do not agree to its provisions, particularly in high-conflict divorces. In some cases, even parents who agree on a parenting plan at first might have second thoughts after the divorce. In either situation, the parents might benefit from a parenting coordinator, a neutral third party who is trained in conflict resolution and family mediation. Parenting coordination is often part of the court process during custody disputes, so find out more information by consulting a Maryland family law attorney.

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