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Remedies for Building Contractor Payment Issues in Maryland
Payment disputes are common for general contractors, subcontractors, and builders. People may use a variety of excuses to justify not paying on time. If you are dealing with a client who refuses to pay, Maryland construction law offers several payment remedies. These laws may be complex, but a knowledgeable attorney can help.
The most obvious solution is to bring a legal action for breach of contract. You may be able to negotiate terms to your advantage. However, that is not the only option in Maryland. An experienced Rockville, MD contractors’ rights attorney will assess the details of your dispute to determine the best solution for you.
What Is Maryland’s Mechanics’ Lien Law?
Instead of relying solely on a breach of contract claim, you can seek payment by placing a lien directly on the property where you completed work and used your materials. Under Maryland Code § 9‑102, this lien can help recover payment by forcing the sale of the property if necessary. Even if you do not have a direct contract with the property owner, you may still qualify to file a lien. However, you must follow strict deadlines and notice requirements to enforce this remedy.
How Do You Appeal a Criminal Conviction in Virginia?
Being convicted of a crime is devastating, but in Virginia, a conviction does not necessarily have to be the end of the road. If you believe an error occurred during your trial you may have the right to appeal the decision. The appeals process requires careful attention to deadlines and procedures and if you hope to appeal, you will benefit immensely from the assistance of the experienced Tysons Corner, VA criminal defense attorneys at Salvado Law Offices.
Understanding What an Appeal Is and Is Not
Not every unfavorable outcome justifies an appeal. Virginia courts will consider appeals based on legal errors that occurred during your trial, such as improper jury instructions, incorrectly admitted or excluded evidence, prosecutorial misconduct, or ineffective assistance of counsel. The appeals court will not simply reconsider the facts of your case because you disagree with the verdict. Instead, they focus on whether legal mistakes affected the fairness of your trial.
What Can Contractors Do About Unpaid Work?
Late payments or unpaid work may be common in construction, but that does not make this any less frustrating. Contractors and subcontractors in the construction industry have tools at their disposal to help them obtain payment from delinquent customers. These range from "friendly reminders" to more aggressive legal tools. Understanding your legal options can help you recover what you are owed and protect your business from future payment problems. An experienced Rockville, MD construction law attorney can protect your business by ensuring that you receive payment owed for your work.
What to Do If You Have Not Been Paid as a Contractor in Maryland
Review Your Contract
Start by reviewing your agreement. In Maryland, even oral contracts can be enforceable, though written contracts are easier to prove. Make sure payment terms, scope of work, and due dates are clearly outlined. If there is no formal contract, save emails, invoices, or text messages that show the agreement and the work completed.
Can You Sue Someone for Assault or Battery in Maryland?
While assault and battery are criminal charges that a prosecutor can file against the perpetrator, if you have been the victim of this type of crime, you may also be able to file a civil lawsuit to recover damages. Civil lawsuits for damages after assault are separate from any pending or prior criminal proceeding, and you may file such a lawsuit whether or not criminal charges have been filed.
The goal of such a suit is to recover monetary damages for the intentional act that caused you injuries. An experienced Rockville, MD personal injury attorney can represent you in a lawsuit to recover damages from an assault or battery.
Assault and Battery in Personal Injury Lawsuits
Most personal injury lawsuits are the result of negligence, but assault and battery are separate and distinct "intentional torts." In Maryland, assault occurs when someone intentionally causes another to fear immediate harmful contact, while battery involves actual unwanted physical contact. Either assault or battery alone can form the basis of a lawsuit.
How Can Mediation Help Resolve Business Disputes?
Business owners often find themselves negotiating the prospect of using litigation to resolve disputes that arise in the course of doing business. Unfortunately, litigation is expensive and lengthy and it can disrupt business relationships.
Although occasionally litigation is ultimately the right path to resolve a breach of contract, a disagreement with a business partner, or redress for unpaid fees, disputes can also sometimes be resolved via alternative dispute resolution (ADR) methods.
One type of ADR is mediation, a straightforward and collaborative process to resolve business disputes outside litigation. An experienced Tysons Corner, VA business dispute attorney can represent you if your business seeks to mediate a business dispute.
How Does Mediation Work in a Business Context?
During mediation, an impartial mediator guides the parties to help them arrive at an agreement that resolves their dispute. Often the parties are independently represented by legal counsel, who may or may not be present at the mediation.
Do You Need a Lawyer for an Adoption in Maryland?
Adopting a child is such a joyful event, but it is also a commitment. It means bringing a child into your family and becoming that child’s legal parent. Adoptions can be complex, especially if the birth parents decide to contest. While you are not required to have an attorney represent you to adopt, a court will have to approve the adoption. By hiring an attorney to provide skilled legal representation, you can ensure that everything goes as smoothly as possible should any issues arise. In this delicate and fragile emotional moment, having an attorney by your side can be especially advantageous. If you have any questions about a lawyer’s role in an adoption, our experienced Rockville, MD adoption attorneys are here to help.
What Is the Process of Adopting a Child in Maryland?
There are several different types of adoption in Maryland, including domestic, foster care, international, and step-parent adoptions. Once you choose the type of adoption and adoption agency that you want and you complete the home study, you will hopefully be matched with a child. At that point, you will fill out the legal paperwork and, if all goes well and everything is approved, attend a finalization hearing in which the court will legally recognize the adoption.
What Should Your Prenup Include?
If you are getting married soon, congratulations are in order! As you prepare for your wedding, you are likely thinking about the venue, the cake, the flowers, the dress, and the tux. Like many thoughtful couples, you may also be discussing your shared values and how you wish to handle finances in the marriage. If the idea of signing a prenuptial agreement has come up in those conversations, and you are considering signing one, know that you are not alone. Prenuptial agreements are on the rise in the United States, and about 15 percent of couples sign one. Given all this, you might want to know what sort of information goes into a prenuptial agreement and how one might be useful for you. An experienced Tysons Corner, VA family law attorney can guide you as you draft your prenup.
Tips for Concerned Green Card Holders Traveling Abroad
These are turbulent times for immigrants, with heightened immigration law enforcement, including for green card holders who are lawful permanent residents (LPR). Green card holders have been caught in the web of enforcement, with reports of LPRs being detained by Immigration and Customs Enforcement (ICE), or facing questioning and even pressure to give up their green cards. The government’s crackdown on people with valid legal documentation including green cards has understandably left many LPRs and even naturalized American citizens worried – especially about traveling abroad. An experienced Rockville, MD green card attorney can help you understand and protect your rights.
What Are Your Rights as a Green Card Holder Traveling Internationally?
As a green card holder, you have the right to return to the United States. Customers and Border Protection (CBP) cannot remove an LPRs legal status. That decision can only be made in a legal proceeding by an immigration judge. Likewise, CBP cannot legally deny you entry for refusing to answer questions about your political views, although it is important to exercise caution given the current enforcement climate.
Top Construction Contract Tips for Homeowners
It can be exciting to embark on a construction project, whether you are building the home of your dreams from scratch or taking on that long-neglected kitchen renovation. Starting the construction process can also be stressful, given stories of contractors leaving work partially completed or with subpar workmanship. One of the ways you can protect yourself from things that can go wrong with a contractor is to negotiate a strong and clear construction contract. This way you can avoid having to sue, which you can do within five years from when something goes wrong. An experienced Tysons Corner, VA construction law attorney can advise you on construction contracts and help you understand their important provisions.
Outlining the Scope of Construction Work
The scope of work in a construction contract specifies the type of construction that will be carried out and the tasks that the contractor will perform. This key section should be as clear and detailed as possible to reflect your understanding of the project.
What Are Common Defenses to a DUI Charge in Maryland?
Drunk driving can have a devastating effect on your life and the lives of those around you. This is especially true if you are charged with the crime of Driving Under the Influence (DUI). In Maryland, this charge can have serious consequences and should not be taken lightly. Not only does it carry significant penalties, but it can also affect your criminal record, your reputation, your ability to drive, and your future. A DUI charge does not necessarily equal a conviction, and there are viable defenses that an experienced Rockville, MD criminal defense attorney can utilize to help you beat DUI charges.
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