www.charlesjeromeware.com. For an initial courtesy consultation, contact us at (410) 730-5016 or
(410) 720-6129. This nationally known and respected law firm is conveniently headquartered in the Baltimore and D.C. metropolitan area. The information presented herein is not intended to be legal advice, and should not be construed as such.
A BRIEF SUMMARY OF MARYLAND CONSTRUCTION LAW
1. Most construction disputes in Maryland are governed by contract law.
2. With few exceptions and variations, the relevant and applicable law for construction
disputes in Maryland is similar that used in many other states.
3. It should be noted that Maryland is a contributory negligence state, and nota comparative
negligence state.
"Contributory negligence" is conduct on the part of the plaintiff that falls below the standard to which he or she should conform for his or her own protection, and which is a legally contributing
cause in addition to the negligence of defendant in bringing about the plaintiff's harm.
" Comparative negligence'" is the allocation of responsibility for damages incurred between the plaintiff and the defendant, based on the relative negligence of the two parties [ Barron's Law Dictionary, by Gifis, 3rd Ed; Prosser & Keeton,, Torts, Chap. 5 and 6 ( 5th Ed.)].
4. Maryland recognizes claims for breach of contract between owner and general contractor, and between general contractor and subcontractor.
5. There is a general 3-year statute of limitations when bringing a breach of contract claim in Maryland, and running of the statute is triggered by the "discovery rule" which states that the statute begins running when the plaintiff knows or reasonably should know of the alleged breach of the contract [ MD. Code, Courts and Judicial Proceedings, Section 5-101; DeGroft v. Lancaster Silo Co., Inc., 527 A.2d 1316, 1320 (Md. App. 1987)].
6. Damages: The amount of damages recoverable fot breach of contract is the which will put the injured party in the monetary position he or she would have been in had the contract been performed
[ Hall v. Lovell Regency Homes Ltd. Partnership, 708 A. 2dd 344, 349-350 (Md. App. 1998)].
7. In Maryland home owners who are subsequent purchasers can assert a common law negligence action against the original builder of a home for negligent construction and design [ Milton Co. v. Council of Unit Owners of Bentley lace Condominium, 708 A 2d 1047, 1056 (Md. App. 1998)].
8. Construction-wise, the obligation to use ordinary skill and care in constructing a house or performing other construction work is implied by law independent of any contract [ Worthington
Construction Corp. v. Moore, 291 A 2d 466, 467 ( Md. 1972)].
9. The Maryland Consumer Protection Act covers cases of fraud and misrepresentation in construction disputes [ MD Code, Commercial Law, Section 13-101].
10. E-Discovery challenges in construction cases are emerging that relate to the use of mobile devices software programs, etc.
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