Part I: Construction defects case hinges on purchase agreement

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

Part II: 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

Anticipating Construction Industry Legal Issues for 2019

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

Placing blame is easy, finding fault is not

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 Recognized by Maryland Super Lawyers!

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!

Documentation can help minimize construction defect claims

Good, detailed documentation of your health history and past medical procedures helps your doctor to make accurate diagnoses. Accurate documentation also enables professors, students, historians, accountants, legislators and others do their jobs and keep others apprised of developments, changes and points of view. Detailed documentation can also help developers and general contractors minimize or even … Read moreDocumentation can help minimize construction defect claims

Part I: Potential defenses to construction defect claims

Those of us who have spent a few years in the Mid-Atlantic region know that our part of the country is as litigious as any other – sometimes even more so. People in one aspect or another of the construction industry – real estate developers, general contractors, subcontractors, designers and others – understand that litigation … Read morePart I: Potential defenses to construction defect claims

Part II: Potential defenses to construction defect claims

Regular readers of our Mid-Atlantic Civil Litigation Defense Firm blog know that in a recent post we described one of the most effective defenses available in construction defect litigation. Quite simply, it is to make clear to the court that the other party does not have the legal right to sue. In this second part … Read morePart II: Potential defenses to construction defect claims

Quisenberry v. Huntington Ingalls Incorporated – Virginia Supreme Court Recognizes a Duty for an Employer to Family Members of Employees in Take Home Asbestos Exposure Cases

In Quisenberry v. Huntington Ingalls Inc., the Virginia Supreme Court answered certified questions of law from the United States District Court for the Eastern District of Virginia, and, in doing so, found that there is a legal duty in Virginia, imposed upon employers, owed to family members of its employees in take-home asbestos exposure cases.  … Read moreQuisenberry v. Huntington Ingalls Incorporated – Virginia Supreme Court Recognizes a Duty for an Employer to Family Members of Employees in Take Home Asbestos Exposure Cases

Estate of Concetta Schatz v. John Crane, Inc. – Maryland Intermediate Appellate Court Holds Maryland Imposes No Duty on a Manufacturer to Warn a Household Member of a Worker Who Used the Manufacturer’s Product

The case involved a mesothelioma claim brought by the estate of Concetta Schatz against John Crane, Inc. (hereinafter “JCI”) (other defendants had been sued but had been dismissed or had resolved before trial). The estate claimed that Mrs. Schatz developed mesothelioma as a result of washing her husband’s clothing.  Her husband, William Schatz, was employed as a … Read moreEstate of Concetta Schatz v. John Crane, Inc. – Maryland Intermediate Appellate Court Holds Maryland Imposes No Duty on a Manufacturer to Warn a Household Member of a Worker Who Used the Manufacturer’s Product