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Construction Law Signal

Insights & Information on Current & Emerging Developments affecting the Construction Industry

Category Archives: Maryland

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Lights Out for Maryland's Power Plant Construction Subsidy Program

Posted in Construction, Energy, Maryland
It’s not every day that a decision by the United States Supreme Court has the potential to impact the construction industry. But the Court handed down a decision last month that could hinder the pace of power plant construction around the country. In Hughes v. Talen Energy Marketing, LLC, the Court unanimously struck down a Maryland regulatory… Continue Reading

Maryland Approves P3 Contract for Purple Line Light Rail Project

Posted in Maryland, Transportation
The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced its selection of Purple Line Transit Partners as the concessionaire for the new 16.2 mile, 21-station, light rail Purple Line that will run through Montgomery and Prince George’s counties. On April 6, 2016, the Maryland Board of Public Works, comprised of Governor Larry Hogan, Treasurer Nancy Kopp,… Continue Reading

Can a Contractor Sue a Design Professional Without a Contract? Not in Maryland

Posted in Contract, Design and Technology, Maryland
In some states, courts allow contractors to sue design professionals for negligence even in the absence of a contract. In others, like Maryland, courts apply a rule known as the Economic Loss Rule (ELR) to bar such claims. Courts apply the ELR when, without a contract in place, someone sues another for purely financial losses… Continue Reading

Want to Appeal a Bid Protest Decision Involving A Maryland State Contract? If New Legislation Becomes Law, You May Have to Pay to Play . . .

Posted in Bonds, Jennifer Horn, Maryland
New Proposed Legislation Would Require Bond: If House Bill 1488 becomes law in Maryland, bid protesters of state contracts appealing a decision to the Maryland Board of Contract Appeals would be required to simultaneously submit a “protest appeal bond or other form of acceptable security” along with their bid protest appeal. For mid-sized and large businesses,… Continue Reading

Maryland Shortlists Teams on Purple Line P3 Rail Project

Posted in Jason Tomasulo, Maryland
The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced that four of the six teams that submitted qualification statements will be permitted to submit proposals to design, build, finance, operate, and maintain the Purple Line light rail public private partnership (P3) project that will run from Bethesda to New Carollton in Montgomery and Prince… Continue Reading

ABA Forum on the Construction Industry Fall Meeting Delivers on Public-Private Partnerships

Posted in Jason Tomasulo, Maryland
Last week, the construction law section of the American Bar Association held its annual Fall Meeting. The program, held in Washington, DC, was entitled “Capital Projects: P3s, Design-Build, and Beyond.” The ABA Forum on the Construction Industry presented a well-run, compelling program that addressed many of the complex issues involving public-private partnerships (P3s). Speakers explored… Continue Reading

Is BIM Worth it? Discover the Benefits and Risks

Posted in Jennifer Horn, Maryland
Risk is unavoidable. It doesn’t matter what part of a project you are involved in or if you are the architect, engineer or contractor. What does matter is having a plan because risk management brings value to your company’s work and the project as a whole. Join our Senior Counsel, Jennifer M. Horn, on Tuesday,… Continue Reading

Maryland's First P3 Project after Recent Legislation: $2.2 billion "Purple Line" Light Rail Project

Posted in Jason Tomasulo, Maryland
As our readership knows, states are increasingly looking to public-private partnerships as a means of construction and development.  Maryland is one such state.  We previously reported that Maryland had revised its existing public private partnership (“P3”) law to encourage public-private project development in Maryland and address Maryland’s infrastructure needs. The Project Governor Martin O’Malley has… Continue Reading

Managing the Liability and Risk of BIM

Posted in Cohen Seglias News & Events, Maryland
Jennifer M. Horn will be participating in a panel discussion focused on how you can manage the financial, legal, and technical liabilities and risks when using Building Information Modeling (BIM). Reserve your seat today! Event Details: Wednesday, June 12, 2013 Time: 3:30 p.m. to 7:30 p.m. Location: The Grand Lodge of Maryland 304 International Circle… Continue Reading

Maryland Passes Legislation Aimed at Facilitating Maryland P3 Projects

Posted in Jason Tomasulo, Maryland
By: Jason Tomasulo The Maryland Legislature recently passed House Bill 560, which makes significant revisions to Maryland’s Public-Private Partnership law, effective July 1, 2013. The genesis for the revisions was the combination of Maryland’s infrastructure needs and the budgetary constraints due to the economic downturn over recent years. In 2011, the American Society of Civil… Continue Reading

Maryland Governor's Proposed Budget Allocates $373 Million for School Construction Work

Posted in Jason Tomasulo, Maryland
By: Jason C. Tomasulo In January, Maryland Governor Martin O’Malley introduced his $37.7 billion budget for fiscal year 2014, which begins in July 2013, and which includes a plan to spend $373 million for school construction and renovation.   One interesting feature of the Governor’s budget is that it reportedly earmarked $25 million for air conditioning… Continue Reading

Primer Piece - "No Damage for Delay" Clauses

Posted in Contract, Jennifer Horn, Maryland, New Jersey
By: Jennifer M. Horn As part of an ongoing series, Construction Law Signal will examine basic construction contract clauses and offer tips for navigating the nuanced arena that is the negotiated construction contract. “No Damage for Delay” Clauses On Public Projects: In the Mid-Atlantic Region, Geography Matters A “No Damage for Delay” provision is a… Continue Reading

Montgomery County, Maryland Changes Aimed at Facilitating Construction

Posted in Jason Tomasulo, Maryland
By: Jason C. Tomasulo Montgomery County, Maryland, recently simplified its construction permitting and inspection processes to better accommodate businesses and developers. Montgomery County consolidated the inspection of fire protection systems for new building and renovation construction in the Department of Permitting Services (DPS). Previously, both DPS and Montgomery County Fire and Rescue Services each conducted… Continue Reading

Unlicensed Subcontractor's Claim Against General Contractor Valid

Posted in Contract, Maryland
By: Jennifer M. Horn For over ninety years, Maryland’s Court of Appeals has refused to honor the claims of unlicensed entities, including those of subcontractors and contractors who failed to adhere to the applicable regulatory licensing requirements. In late October, however, Maryland’s high court upheld the reversal of this precedent and allowed an unlicensed subcontractor… Continue Reading

Maryland's Adoption of the International Green Construction Code Raises More Questions Than Answers

Posted in Green Building, Maryland
As many in the industry are aware, Maryland became the first state to fully adopt the International Green Construction Code (IGCC) when Governor Martin O’Malley signed HB 972, effective March 1, 2012. In response to our IGCC blog post on this issue, authored by Lane Kelman, readers raised a multitude of questions that highlight a… Continue Reading

Mid-Atlantic Construction Update

Posted in Jobs, Maryland, New Construction, New Jersey, Pennsylvania
Pennsylvania: PNC Financial Services Group (PNC) is moving its headquarters to Pittsburgh. PNC, which is the largest bank in Pennsylvania, plans to build a $400 million “green” office structure in downtown Pittsburgh, which will create 2,500 construction jobs. The new skyscraper, which is to be about 40 stories high and 800,000 square-feet, will be PNC’s… Continue Reading

Maryland Becomes the First State to Fully Adopt the International Green Construction Code

Posted in Maryland
Maryland Governor Martin O’Malley recently signed bill MD HB 972 into law, effective March 1, 2012. The law “authorizes the state’s Department of Housing and Community Development to adopt the IGCC, while allowing local jurisdictions to make amendments to the IGCC under certain conditions as long as the local amendment is adopted in accordance with… Continue Reading

Maryland's Job Applicant Fairness Act

Posted in Labor & Employment, Maryland
The “Job Applicant Fairness Act,” (the Act) signed into law on April 12, 2011, prohibits most Maryland employers from using credit reports and credit histories as a means of determining hiring and retention. Generally, employers are prohibited from using an applicant’s or employee’s credit report or credit history for the purpose of denying employment, discharging… Continue Reading

Mid-Atlantic Construction Update: Looking Up?

Posted in Delaware, Jobs, Maryland, New Construction, Pennsylvania
Is construction picking up throughout the Mid-Atlantic region? Here are just a few summaries of headlines for Maryland, Delaware and Pennsylvania Maryland: As of March 2011, construction projects in several Maryland counties continue to increase, and construction contracts “were up 55% when compared to the same month in 2010.” For the first quarter, future construction… Continue Reading

These (Construction) Boots Were Made for Walkin' (Across State Borders)

Posted in Delaware, Design and Technology, Maryland, New Jersey, New York, Pennsylvania, West Virginia
For an increasing number of contractors, survival in the current economy has resulted in the need to find and secure work in other states. The migration of contractors to neighboring states is apparent throughout the country. Besides the work itself, benefits of an expanded geographic footprint include a broader client base, thereby creating mutually beneficial… Continue Reading