Maryland Court of Appeals Opinion Illustrates the Importance of Timeliness Provisions in Contractual Arbitration Clauses

In the recent March 25, 2022 decision by the Court of Appeals in the case of Park Plus, Inc. v. Palisades of Towson, LLC and Encore Development Corp., the Court held that when a contract containing an arbitration clause is silent on the timeliness to demand arbitration, the statute of limitations provided in the Maryland … Read moreMaryland Court of Appeals Opinion Illustrates the Importance of Timeliness Provisions in Contractual Arbitration Clauses

Supreme Court of Virginia Holds an All-Terrain Vehicle is Not a “Farm-Type Vehicle” for Purposes of Homeowner’s Insurance Policy Provision

The Supreme Court of Virginia issued an April 14, 2022, opinion reversing the lower court’s ruling that Erie Insurance Exchange owed coverage under a homeowner’s insurance policy for injuries suffered in connection with an accident that occurred on an all-terrain vehicle (“ATV”) operated by the insured. In reversing the decision of the Circuit Court of … Read moreSupreme Court of Virginia Holds an All-Terrain Vehicle is Not a “Farm-Type Vehicle” for Purposes of Homeowner’s Insurance Policy Provision

Maryland Court of Appeals Reaffirms the Need for More than Mere General Control to Subject a Principal to Liability for the Tortious Conduct of an Independent Contractor

On December 21, 2021, the Court of Appeals of Maryland issued its opinion affirming the intermediate appellate court’s decision reversing the trial court’s refusal to grant the motion for judgment brought by Giant of Maryland, LLC (“Giant”) at the conclusion of trial. The Court of Appeals held that the trial court should have granted Giant’s … Read moreMaryland Court of Appeals Reaffirms the Need for More than Mere General Control to Subject a Principal to Liability for the Tortious Conduct of an Independent Contractor

D.C. Court of Appeals Reverses Decision Dismissing Case, Finding that Forum Selection Clause was Permissive

On November 4, 2021, the District of Columbia Court of Appeals issued a decision in King Carpentry, Inc. v. 1345 K Street SE, LLC, et al. analyzing the distinction between mandatory and permissive forum selection clauses and examining certain provisions of the District’s subcontractor’s lien statute, D.C. Code § 40-303.01 et seq. In this case, … Read moreD.C. Court of Appeals Reverses Decision Dismissing Case, Finding that Forum Selection Clause was Permissive

D.C. Court of Appeals Affirms Construction Arbitration Award Despite Alleged Material Non-Disclosures of Arbitrator

On August 26, 2021, the Court of Appeals of the District of Columbia issued a decision on the C. R. Calderon Construction, Inc. v. Grunley Construction Company, Inc. case, involving issues surrounding the validity of an arbitration award in a construction dispute. Grunley Construction was hired as the general contractor for renovation of the Watergate Hotel.  Calderon … Read moreD.C. Court of Appeals Affirms Construction Arbitration Award Despite Alleged Material Non-Disclosures of Arbitrator

Holly Gaudon Joins MacDonald Law Group

On August 1, 2020, Holly Gaudon joined MacDonald Law Group as an associate attorney. Holly is a 2019 graduate of the University of Dayton School of Law, and a 2016 graduate of The Ohio State University. During law school, Holly served a judicial externship with U.S. Magistrate Judge Sharon Ovington from the United States District … Read moreHolly Gaudon Joins MacDonald Law Group

Developers, contractors welcome narrowing of construction defect claims

Many observers have long noticed the detrimental effects on commerce of excessive regulation. Developers and general contractors have seen this across much of the Mid-Atlantic where often well-meaning lawmakers have come up with regulations and statutes that often had the effect of depressing the creation of needed housing. It appears that lawmakers in Washington state … Read moreDevelopers, contractors welcome narrowing of construction defect claims

A case study in the importance of teamwork in construction defect defense

Readers in the District of Columbia Metropolitan Area undoubtedly know of the Silver Spring Transit Center, a construction project famous for wide-ranging, complicated disputes. The center’s owners (Montgomery County and the Washington Metropolitan Area Transit Authority) sued the designer, inspector and general contractor for more than $75 million for allegedly defective design and construction. Unsurprisingly, this … Read moreA case study in the importance of teamwork in construction defect defense

Construction defect defense: privity

It is not a word many of us use in everyday conversation: privity. But this legal term is important in discussions of contracts because there must be “privity” – a legally recognized interest in the same matter – for one party (a property owner) to sue another (a general contractor). In some situations, a property … Read moreConstruction defect defense: privity