MacDonald Law Group If you own and manage a building, one of your many responsibilities is to exercise reasonable care to enhance the safety of the premises. One of the most important aspects of this responsibility is to exercise reasonable care to minimize the threat of dangerous mold on the property. Should certain types of mold become an … Read moreDon’t let mold become a problem
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
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
For those in the construction industry wondering if the exponential growth in construction defect claims will continue unabated, there continues to be hopeful signs here and there that courts are looking at relevant statutes with new eyes. We read recently of such an example in a report about the Illinois Supreme Court overturning decades of … Read moreState Supreme Court issues ‘victory for construction subcontractors’
Virtually every company faces liability litigation at some point because no one can anticipate an unpredictable problem. But what if there were a technology available that would allow businesses to predict the unpredictable? Everyone in the construction and building management industries knows that small issues can escalate quickly into widespread problems. However, in some instances, … Read moreMaximizing efforts to minimize allegations
We read recently of a construction law dispute that involves a developer, contractor and a general release. The case began back in 2005 when Variel Warner Ventures, LLC agreed to a construction contract with Verdugo Management & Investment, Inc. for improvements in an apartment complex. As part of the contract, Verdugo agreed to make good, … Read morePart I: Construction defects case hinges on purchase agreement
In a previous blog post, we wrote about an interesting case involving a developer, contractor and a general release in a purchase agreement. A quick recap: a company referred to as Verdugo agreed to make improvements to an 85-unit apartment complex, but its work included construction defects in flashing and counterflashing that resulted in water leaks – … Read morePart II: Construction defects case hinges on purchase agreement
A new year is upon us, which means it is the perfect time to look back at what went right and wrong in 2018 and to look forward to what can be reasonably expected and planned for in 2019. A recent “Builder” magazine article helps readers anticipate legal issues likely to surface for those in … Read moreAnticipating Construction Industry Legal Issues for 2019
The legal basis for any civil lawsuit is the answer to the question of “who is at fault.” While that may certainly seem to be a simple question, it is in finding the answer where civil law has rightfully earned its reputation for complexity. A recent lawsuit filed against a casino in Oxon Hill, Maryland … Read morePlacing blame is easy, finding fault is not
MacDonald Law Group Attorneys, Neil J. MacDonald and Maria E. Flaks are recognized in the January 2019 edition of Maryland’s Super Lawyers magazine. Mr. MacDonald is designated a “Super Lawyer” in the primary practice field of product liability defense. Ms. Flaks is honored as a “Rising Star”, also in the area of product liability defense. Thomson Reuters … Read moreMacDonald Law Group Attorneys Recognized by Maryland Super Lawyers!